(Last update: January 15th, 2014)
Since the organic law n°2004-192 of February 27, 2004 on the independence status, French Polynesia has prerogatives regarding protection of IP rights. Patents, trademarks and designs are concerned, as well as utility certificates and semiconductor products topographies registered in France.
Law 2013-14 of May 6, 2013 (and its decree 1002/CM of July 22, 2013) defines the rules of protection of IP rights in Polynesia:
IP rights filed before the French PTO are protected in French Polynesia under the same conditions as those applied in France, to the condition of their admission by French Polynesia.
Three periods are ruled by different systems of validation: :
– French rights filed before March 3, 2004 are legally enforceable in French Polynesia, without any legal formalities;
– French rights filed between March 3, 2004 and August 31, 2013 are not recognized on this territory. Their owner will have to file an extension application of their protection, along with the payment of official fees to local authorities. This admission procedure is open until September 1, 2015;
– French rights filed (in theory) from February 1st, 2014: within the filing, the owner must apply for the extension of the protection to Polynesia, along with the payment of official fees to local authorities. In practice, this application is not available for now. We can reasonably believe that the admission procedure will apply to these rights until the admission system opening.
If these conditions are fulfilled, the rights will be effective both in France and in Polynesia.
Important notice:
– What about the rights that would only be effective in French Polynesia?
New provisions are announced for the second semester of 2014. They should allow the applicant to claim protection for French Polynesia only.
– What about community or international trademarks and designs, and international trademarks and designs?
Community rights are not expressly mentioned by the law of May 6, 2003, related to the admission procedure, so as International rights having effect in France.
For this reason, we invite you to file an application in France in order to benefit from the protection in French Polynesia, without any possible dispute.
We remain at your disposal for any further information, and shall not fail to update this newsletter as soon as new element will be published.
Please find here after, a table providing a synthetic overview of the situation on December 31, 2013.
* French Polynesia is composed of five archipelagos: the Society Islands with Windward Islands and Leeward Islands, Tuamotu, Gambier Islands, Austral Islands and Marquesas Islands.