There has been a significant change in the protection of French IP rights in French Polynesia which affects patents and design and trade mark registrations. As a result of a new law, French patents, trade mark registrations and design registrations based on applications filed since 3 March 2004 will no longer be automatically protected in French Polynesia, but rather will need to undergo an acknowledgement process by the Polynesian IP Bureau.
Anyone with a patent, design or trade mark registration filed after 3 March 2014, will therefore be subject to the new law. It will be necessary to request acknowledgement of the IP right at the Polynesian IP Bureau if you wish your registration to continue to extend to French Polynesia.
Deadline for Action
The acknowledgement request must be filed at the Polynesian IP Bureau by 1 September 2015 and will involve payment of an official fee. If the acknowledgement request is not filed and approved by the Bureau, then the patent/registration will no longer be enforceable in French Polynesia.
For more information on this matter, please contact us attorney@pof.com.au
Graham Cowin, Managing Partner