Intellectual Property Laws at Palau
Palau has established a comprehensive legal framework to protect intellectual property (IP) rights, encompassing copyrights, patents, and performers' rights. Here's an overview of the key IP laws and enforcement mechanisms in Palau:
🏛️ Key IP Legislation
1. Republic of Palau Copyright Act of 2003 (RPPL No. 6-38)
Purpose:To protect the rights of creators of original works, including literary, musical, dramatic, choreographic, graphic, architectural, audiovisual works, computer programs, and sound recordings
Key Provisions:
Exclusive Rights:Authors have the exclusive right to reproduce, distribute, perform, display, and adapt their works
Moral Rights:Authors have the right to attribution and to object to derogatory treatments of their works
Duration:Copyright protection lasts for the life of the author plus 50 years
Registration:While protection is automatic, registration with the Office of the Attorney General is required for enforcement and to claim statutory damages
Performers' Rights:Performers have rights over the fixation and public use of their performances
2. Patent Law (RPPL No. 11-38-3)
Enactment:Passed in 2022, this law establishes a patent system in Palau
Key Provisions:
Patentability:Defines what constitutes a patentable invention
Registration:The Attorney General's office maintains a registry of patents and applications
Infringement:Civil liability for infringement, with a 6-year statute of limitations
Appeals:Decisions can be appealed to the Attorney General and subsequently to the Supreme Court
Enforcement:Infringement cases are handled by the Trial Court of the Palau Supreme Court
🛡️ Enforcement and Administration
Office of the Attorney General. Responsible for the administration of IP laws, including registration and enforcemen.
Supreme Court Handles appeals and infringement cases related to IP right.
🌐 International Agreement
Palau is a member of the Hague Convention of 1961 (Apostille), which facilitates the international recognition of public documents.
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