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INTELLECTUAL PROPERTY RIGHTS IN FIJI

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Opposition Term

03 Months

Registration Term

14 Years

First Renewal Term

14 Years

Subsequent Renewal Term

14 Years

  • In Fiji, the Trade Marks Act of 1933 governs and deals with the mechanism of trademark registration, which is, in turn, based on the UK Trade Marks Act of 1905.

  • Fiji is not a member of the Madrid Agreement and the Madrid Protocol.

  • Trademark protection is obtained by registration in Fiji. 

  • For getting a trademark registered in Fiji, an application has to be filed with the Fiji Intellectual Property Office, which considers the applications on behalf of the Solicitor-General.

  • The Nice classification of goods and services does not apply in Fiji. The nation uses the Old British Classification. Multi-class trademark applications aren't acceptable. Also, it doesn't enable service marks to be registered. 

  • The third parties can file opposition actions against a trademark application within three (03) months following its publication date in the Fiji Government Gazette. 

  • For independent trademark registrations, protection begins from the date of application. Independent trademark registrations are valid for fourteen (14) years from the date of application, which can be further renewed indefinitely for successive periods of fourteen (14) years each. 

  • For a trademark registration that is based on a UK registration, the protection term is valid for the duration of the corresponding UK registration concerning the goods for which the mark is registered in Fiji. The registration may be renewed indefinitely for successive periods of ten (10) years each, provided the basic UK registration is renewed.

  • The grace period to renew a trademark after the date of expiry is six (06) months. 

  • The period for cancellation of a registered trademark based on non-use is five (05) years from the date of registration. 

  • A patent can be granted in Fiji under the Patents Act (Chapter 239) (Revised Edition 1978), as amended by the Patents (Amendment) Act 2002 (Act No. 21 of 2002), and the Patents (Amendment) Decree 2012 (Decree No. 55 of 2012), which provides for both national patent applications and applications to extend the rights under a UK registration within three (03) years from the date of registration in the UK.

  • Fiji is not a signatory to the Patent Cooperation Treaty (PCT). Therefore, national phase filing of a PCT patent is not possible in the nation. 

  • For seeking patent protection in Fiji, an application has to be filed with the Registrar of the Fiji Intellectual Property Office (FIPO), which administers the entire process of patent grant.

  • National patent registrations are valid for fourteen (14) years. UK-based patent registrations are valid for the same period as specified in the corresponding UK-based registration.

  • Fiji has no system for industrial design registration. 

  • The nation has legislation dating back to the early 20th century, which gives like rights and privileges in Fiji corresponding to the rights and privileges enjoyed by any design registered in the United Kingdom.

  • Independent industrial design applications can't be filed in Fiji. A design can only be protected in Fiji if it has first been registered in the United Kingdom.

  • Although there is no formal process for the registration of UK-based registered designs in Fiji, they can still be advertised in Fiji to give the public notice of the design.

  • Fiji is a member of the Berne Convention, the Universal Copyright Convention (Geneva), and the TRIPS Agreement. 

  • The Copyright Act 1999, which came into effect on 1st July 2000, deals with copyright protection in Fiji. This Act is based on the UK, Australian, and New Zealand legislation and introduces a comprehensive scheme for protecting copyright and related rights in Fiji.

  • There is no process for registration of copyright interests under the Act. Copyright simply subsists in the 'work' following the provisions of the Act.

  • The standard copyright protection term lasts for the lifetime of the author plus fifty (50) years following his death. However, the duration of copyright protection varies depending on the type of work.