IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
9. Please provide the length and terms of protection the trademark law of Fiji provides for a trademark.
|
Registered trademarks are protected for 14 years from the date of registration, as per section 27 of the Act. Registration of a trademark can be renewed within the prescribed time for another period of 14 years.
Section 27 stipulates that:
"27. The registration of a trade-mark shall be for a period of fourteen years but may be renewed from time to time in accordance with the provisions of this Act."
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
10. Please explain whether the laws of Fiji provide well-known servicemarks with the same protection as well-known trademarks under Article 6bis of the Paris Convention, as required by Article 16.2 of the TRIPS Agreement.
|
At present, the Trademarks Act only provides for trademarks in connection with goods.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
11. Please explain whether the relevant authorities in Fiji, in determining whether a mark is well-known, take account of knowledge of a trademark in the relevant sector of the public, including knowledge obtained as a result of promotion of the trademark.
|
The Fiji Intellectual Property Office in receiving application for trademarks considers well known trademarks in the relevant sector of the public, including knowledge obtained as a promotion of the mark; however, there are no prescribed procedures for this process. Further, the notice period for opposition will cater for any objections albeit from a well-known trademark holder or not.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
12. Please explain in detail how well-known trademarks are protected in Fiji and cite to the relevant provisions of law.
|
At present, there is no provision for well-known trademarks.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
13 . Please describe in detail how the laws of Fiji provide for the recognition and protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant provisions of law or regulation, and provide examples of geographical indications so protected.
|
At present, there are no provisions for the recognition and protection of geographical indicators.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
14. Please describe in detail the manner in which the additional protection required for wines and spirits under Article 23.1 of the TRIPS Agreement is implemented, citing to the relevant provisions of law or regulation, and provide examples of geographical indications for such products.
|
At present, there are no provisions for the protection of wines and spirits.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
15. Please describe the procedure that must be followed to obtain protection for industrial designs, citing to the provisions of the law of Fiji, and describe the nature of the protection provided.
|
At present there are no provisions for the protection of industrial designs however we are in the process of drafting a legislation governing industrial designs.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
16. Please describe the procedure that must be followed to obtain protection for textile designs and cite to the relevant provisions of law or regulation.
|
At present, there are no provisions for the protection of textile designs.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
17. Please describe in detail the way in which the patent law of Fiji implements Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection for micro-organisms and non-biological and microbiological processes and plant varieties. Please cite to the relevant provisions of the law.
|
Under section 5 of the Patent Laws, the exceptions are:
(a) if the invention is of no utility;
(b) if the invention at the time of presenting the petition was not a new invention;
(c) if the petitioner is not the true and first inventor thereof; or
(d) if the petition or any specification contains a wilfully false statement.
The only other exception is pharmaceuticals as provided in section 3A of the Patents (Amendment) Act 2002.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
18. Please describe in detail the rights provided patent holders under the patent law of Fiji and cite to the relevant provisions of law.
|
The patent holder is granted exclusive rights to his/her invention, unless it is for making, constructing, using or selling a patented invention in respect of a pharmaceutical product or substance, as provided in section 3A.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
19. Please describe in detail any provisions in the laws of Fiji permitting unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use can occur.
|
As stated above, unauthorized use of a patent is provided for solely in respect of pharmaceutical products or substances.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
20. What term of protection does the patent law of Fiji provide for patents? Please describe any provisions for extension of the term of protection and cite to the relevant provisions of the law.
|
Under section 3 of the Patents Act, the inventor has exclusive right to his/her invention. This is further provided under section 4 which entitles the inventor to the exclusive right to use, sell or make his/her invention for a period of 14 years from the date of the grant of the letters of patent.
For all patents granted in the United Kingdom, the inventor may accordingly apply to the Solicitor-General within 3 years from the date of its issue for registration of the patent in Fiji. Once granted, the patent shall continue in force in Fiji for so long as the patent remains in force in the United Kingdom.
There is no specific provision in the Patents Act for the extension of the patent once the term expires, however, a person who requires an extension would normally apply for grant of a new letters of patent.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
21. Please describe in detail the protection for layout-designs of integrated circuits provided under the laws of Fiji, including the term of protection, and cite to the relevant provisions of law.
|
At present, there are no express provisions for the protection of layout-designs of integrated circuits provided under the laws of Fiji.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
22. Please describe in detail how the laws of Fiji provide for the protection of undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant provisions of law.
|
As far as the laws pertaining to intellectual property is concerned, there are no express provision for the protection of undisclosed information in the relevant laws.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
23. Please describe in detail the manner in which protection is provided test data regarding pharmaceutical and agricultural chemical products submitted to the government in order to obtain marketing approval in Fiji and cite to the relevant provisions of law.
|
(Response to Questions 23 and 24) There are no provisions for test data regarding pharmaceutical and agricultural products submitted to the Government in order to obtain market approval in Fiji. However, please note that under section 3A of the Patents Act, it is not an infringement for persons to make, construct, use or sell the patented invention in respect of a pharmaceutical product or substance solely for reasons related to the development and submission of information required under any laws of Fiji or of another country.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
24. Are other applicants for marketing approval for their own versions of a previously approved pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier applicant? If so, how long a period of exclusivity is given the earlier applicant before such reliance becomes possible.
|
(Response to Questions 23 and 24) There are no provisions for test data regarding pharmaceutical and agricultural products submitted to the Government in order to obtain market approval in Fiji. However, please note that under section 3A of the Patents Act, it is not an infringement for persons to make, construct, use or sell the patented invention in respect of a pharmaceutical product or substance solely for reasons related to the development and submission of information required under any laws of Fiji or of another country.
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
25. Please describe in detail the manner in which the laws of Fiji provide for effective action against infringement of intellectual property rights as required by Article 41 of the TRIPS Agreement.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
26. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate a party's claims where that party has been unable to obtain such evidence from the opposing party. Please describe how the laws or regulations of Fiji provide this authorization, citing to the relevant provisions of law or regulation.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
27. Please describe in detail all of the civil remedies that are available to right holders under the laws of Fiji, citing to the relevant provisions of law or regulation.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|
IP/Q3/FJI/1, IP/Q/FJI/1, IP/Q2/FJI/1, IP/Q4/FJI/1
|
Fiji |
United States of America |
28. Please describe in detail the provisional procedures and remedies available to right holders under the laws of Fiji, citing to the relevant provisions of law and regulation, and indicate any condition under which a right holder may avail itself of those procedures and remedies.
|
Please see Fiji's responses to the Checklist of Issues on Enforcement (document IP/N/6/FJI/1).
|
20/05/2016 |
|