Designs and Models
– Patents and Industrial Designs Act, 2000.
Membership in International Conventions
– WTO’s TRIPS Agreement, since June 9, 1996.
– Convention Establishing the World Intellectual Property Organization (WIPO), since July 10, 1997.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 15, 1999.
Applicant: the creator of the design or his assignee or where the design was created in execution of an employment contract, the employer. The creator shall be named in an application.
Applicants not living in the country: have the same rights as Papua New Guinea nationals but must have a representative who is ordinarily resident in Papua New Guinea.
Not registrable: an industrial design that is contrary to public order or morality or which serves solely to obtain a technical result and leaves no freedom as regards arbitrary features of appearance.
Novelty: the design must not have been disclosed to the public anywhere in the world by publication in tangible form, by use, in any other way prior to the filing or priority date.
Novelty grace period: public disclosure within twelve months of the filing (or priority date) by the applicant or his predecessor or of an abuse committed by a third party will not be taken into consideration for novelty purposes.
Priority: a Convention application may be filed within six months of the date of the first application in a Convention country.
Filing requirements for an application (to be sent to resident agent):
1. A request form signed by the applicant or their authorized representative;
2. Drawings, photographs or other adequate graphic representations of the article embodying the industrial design;
If the design is two-dimensional, 4 graphic representations or if three-dimensional, 4 graphic representations of each of the different sides of the design must be provided. Representations must not exceed 10 cm x 20 cm, shall be in black ink on 4 A4 sheets of cardboard;
3. An indication of the kind of products for which the industrial design is to be used;
4. A declaration claiming a right of priority as provided for in the Paris Convention. A certified copy of the basic registration must be provided if subsequently requested by the Registrar;
5. Power of attorney;
6. Statement justifying applicant’s rights to the design.
Electronic filing: not available.
Amendment of application: the Registrar may permit the amendment of an application but generally will not allow amendment to alter the substance of the design applied for.
Examination: as to registrability, formalities, offending public morality etc.
Acceptance of application: the Registrar shall notify the applicant of the decision to grant or refuse the application and in the case of grant, shall request payment of registration and publication fees within one month from the date of notification.
Publication: occurs as soon as practicable after grant.
Infringement: proceedings cannot commence until registration.
Duration: designs are registered for an initial period of five years from the filing date.
Renewal: the design is renewable for two further periods of five years.
Grace period: the renewal fees may be paid up to six months after the due date with payment of additional fees.
Marking: is not compulsory; but marking with the number and the term “Rd” or “Regd.” is desirable to secure damages or an account of profits in infringement actions.
Assignments and licenses: must be recorded with the Registrar.
Modification of Protection after Registration
Right of prior user: prior public use will invalidate a design.
Opposition: no provision.
Invalidation of design: an interested person may request that the National Court invalidate the registered design.
Infringements: if a registered design is infringed, action may be taken to the National Court.
Remedies: an injunction, an order for inspection of anything in any vehicle or building, damages or an account of profits.