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INTELLECTUAL PROPERTY RIGHTS IN KIRIBATI

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Opposition Term

N/A

Registration Term

Valid till the corresponding UK trademark registration term

First Renewal Term

10 Years

Subsequent Renewal Term

10 Years

  • The Registration of United Kingdom Trade Marks Ordinance [Cap 88], which is in force since 22nd August 1939, forms the legal basis of trademark registration in Kiribati.

  • Only the trademark owner of a UK-based trademark registration for the same mark corresponding to the same goods can apply in Kiribati, as well, for which authorization of agent and the certified copy of the UK trademark registration are required.

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

  • Trademark protection is obtained by registration in Kiribati.

  • For getting a trademark registered in Kiribati, an application has to be filed with the Ministry of Commerce, Industry, and Cooperatives.

  • It follows the 11th edition of Nice Classification. Multi-class trademark applications aren't acceptable.

  • The third parties can't file opposition actions against a trademark application in Kiribati. 

  • Trademark protection begins from the date of registration of the corresponding UK trademark. Trademark registration is valid for the duration of the corresponding UK registration concerning the goods or services for which the mark is registered in Kiribati.

  • The grace period to renew a trademark after the date of expiry is three (03) months.

  • The period for cancellation of a registered trademark based on non-use is not applicable in Kiribati. 

  • Although Kiribati does not have its own patent legislation, a UK-based patent can be used as the basis for patent protection in Kiribati, provided it is registered in Kiribati within three (03) years of its date of grant.

  • UK-based industrial design registrations are protected in Kiribati.

  • Kiribati is a member of the Berne Convention for the Protection of Literary and Artistic Works. 

  • The Copyright Act 2018 deals with copyright protection in Kiribati.

  • 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.

  • Copyright in a work of applied art (including a collective work) exists for twenty-five (25) years from the end of the calendar year in which the work got made.