Intellectual Property Laws at Tokelau (NZ)
Tokelau, a dependent territory of New Zealand, does not have a distinct or comprehensive intellectual property (IP) legal framework. IP matters in Tokelau are primarily governed by New Zealand's IP laws, as Tokelau is subject to New Zealand's jurisdiction.
π Legal Framework
Tokelau Act 1948
Overview:The Tokelau Act 1948 is the principal legislation governing Tokelau's relationship with New Zealand
Implication:Under this Act, New Zealand's laws, including those related to intellectual property, extend to Tokelau unless specifically excluded
ποΈ Intellectual Property Laws of New Zealand
ξSince Tokelau adheres to New Zealand's legal system, the following IP laws appl:
1. Patents Act 2013
Protection Scope Grants exclusive rights to inventions that are new, involve an inventive step, and are capable of industrial application.
Duration Up to 20 years from the filing date.
2. Trade Marks Act 2002
Protection Scope Covers signs capable of distinguishing goods or service.
Duration 10 years, renewable indefinitel.
3. Copyright Act 1994
Protection Scope Original literary, artistic, and musical work.
Duration Life of the author plus 50 years.
4. Designs Act 1953
Protection Scope The visual appearance of product.
Duration Up to 15 years from the filing date.
5. Plant Variety Rights Act 1987
Protection Scope New plant varieties that are distinct, uniform, and stable.
Duration Up to 23 years for trees and vines, 20 years for other plant.
π’ Administrative Body
The Intellectual Property Office of New Zealand (IPONZ) is responsible for administering IP rights in New Zealand, including in Tokelu, IPONZ handles the registration of patents, trademarks, designs, and plant variety righs.
π International Engagemet
New Zealand is a member of several international IP treaties, includng:
World Intellectual Property Organization (WIPO)
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty (PCT)
*Madrid Protocol for the International Registration of Marks
These memberships facilitate the protection of IP rights in Tokelau under New Zealand's jurisdicton.
RELATED Blog
0 comments