South Pacific Property Law

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A new edition has been published, the details can be seen here: Courts and Civil Procedure in the South Pacific 2nd ed isbn Civil Procedure and Courts in the South Pacific. Jennifer Corrin-Care.

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Series: South Pacific Law. Ahmadu , Robert A. Recent searches Clear All. Update Location. If you want NextDay, we can save the other items for later. Yes—Save my other items for later. No—I want to keep shopping.


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Average rating: 0 out of 5 stars, based on 0 reviews Write a review. Further, use of the trade mark is not required for renewal.


However, a registered trade mark may be removed if unused for a continuous period of 3 years. Each application undergoes a combined search and substantive examination before registration. Goods and services are classified according to the Nice Agreement. There is a pre-registration opposition to registration process which can be exercised by third-parties.

Once registered, the initial term of registration is 10 years from the date of application. Registered marks are renewable in terms of 10 years. Marking is optional, but recommended.

  1. South Pacific Intellectual Property Law - Northumbria Research Link.
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  6. Infringement and third-party cancellation proceedings may be taken in a court of law only. It is also possible to designate Australia in an application filed under the Madrid Protocol. There are two types of patents in Australia-standard patents and innovation patents. Their principal features are summarised below. Standard patents have a term of 20 years the term of a pharmaceutical patent which meets specific requirements can be extended for up to 5 years.

    ‎South Pacific Property Law on Apple Books

    Examination must be requested within a prescribed time period. A combined search and substantive examination is undertaken before grant, and there is a requirement for absolute universal novelty, and that the invention as claimed possesses an inventive step. Once allowed, the application is advertised for third-party opposition purposes and, in the absence of opposition, a patent will be granted. There is also a mechanism for post-grant re-examination.

    Renewal fees are payable annually to maintain an application or patent, commencing on the fourth anniversary of the filing date. Innovation patents have a term of 8 years and are granted within 3 months from filing following formalities examination only before grant. An innovation patent can have a maximum of 5 claims. Substantive examination certification is optional, but it is a prerequisite for enforcement of an innovation patent.

    During examination, the claimed invention must meet an absolute universal novelty requirement as well as possess an innovative step, which is a significantly lower threshold than the inventive step required for a standard patent. Third parties may request examination of a granted innovation patent. Once certified, an innovation patent can be opposed by a third-party at any time after certification.

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    Once filed, a design application is subjected to formalities examination before registration which takes place within 3 months. Once registered, the design registration has an initial 5 year protection term, and is renewable once for another 5 years.

    South Pacific Property Law

    Substantive examination certification is optional but is a prerequisite for the enforcement of a design registration. During examination, design must meet a relative novelty requirement use in Australia, documentary publication anywhere. Further the design must be new and distinctive, but it needs not be ornamental. Third-parties may request examination of a registered design. A single renewal fee is payable by the 5th anniversary of filing to extend the registration to the maximum period of 10 years.

    There is also a spare parts exemption to infringement. Registrable trade marks include: devices, brands, headings, labels, tickets, names, signatures, words, letters, numerals, colours, sounds, shapes and scents provided that they are distinctive and can be represented graphically. Other types of registrable marks include certification marks and collective trade marks. The classification of goods and services is under the Nice Agreement.

    It is also possible to designate New Zealand in an application filed under the Madrid Protocol. Once registered, the initial term or registration is 10 years from the date of application. Infringement proceedings may be taken in a court of law only. Examination is automatic in New Zealand and combined search and substantive examination is undertaken before grant. Legislation to change the local novelty standard to an absolute novelty test and to introduce an inventive step test during examination has been drafted but has not yet entered into law.

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