Validity of Industrial Property Titles in the French Polynesia

Posted on March 15th, 2014

Drapeau Polynésie Française

Since the organic law n ° 2004-192 of 27 February 2004 on the Statute of Autonomy of French Polynesia, the industrial property titles filed with the INPI ceased to have effect on the territory of French Polynesia.

Polynesian authorities have set up a system for recognition of industrial property titles to fill this legal vacuum : the LP Article 138 of the law of the country No. 2013-14 of May 6, 2013 and order No. 1002/CM 22 July 2013 clarify the implementation of this principle.

The industrial property titles which have been the subject of an application for recognition will be validated by order of the President of French Polynesia .

1 ) Titles concerned by the recognition

These are the patents, utility certificates , trademarks, designs and topographies of semiconductor products filed with the INPI before 1 September 2013.

2) Conditions for recognition

a) Automatic recognition and without formalities of industrial property deposited / INPI renewed before March 3, 2004

Securities deposited with the INPI before March 3, 2004 and still in force on 1 September 2013 in French Polynesia produce the same effects as in metropolitan France, without formality for the transitional period.

b) Recognition of optional industrial property deposited / renewed / extended INPI between March 3, 2004 and January 31, 2014

If you want your titles have effect and be enforceable in French Polynesia, you will have to request for recognition to the Polynesian local authorities, by filing a form with the Directorate General for Economic Affairs ( GAAR ) and proceed with the payment of a fee.

The deadline for filing the application for recognition shall expire on September 1st, 2015 but should be extended until September 1, 2023 .

c) With effect from February 1st, 2014

The effects of French Polynesia industrial property titles filed, renewed or prorogated with the INPI shall be governed by the extension signed between the Government and the Polynesian INPI Agreement.

To be protected in French Polynesia, an industrial property title (renewed or prorogated) with the INPI will be an extension claim on payment of a fee.

Finally, for those wanting to protect their industrial property rights only in French Polynesia, it should be possible by the end of 2014, to take the steps directly from the Polynesian authorities.

3) Securities excluded from recognition

CTMs, the French parts of international trademarks, Community designs, the French parts of international designs, French parts of European patents, supplementary protection certificates (SPC) are not affected.

If the territory of French Polynesia is of greater importance , we remain at your disposal for further analysis of the industrial property rights concerned and determine the necessary steps for maintaining their protection.

The territory of New Caledonia should follow

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