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Trade Marks Act ( Ch. 385)
This is the oldest Intellectual Property (IP) law administered in PNG. The Trade Mark Office was established in late 1970s under the Ministry of Justice and upon independence those registrations under the Australian regime were transferred to PNG Trade Mark Register.
A new application refers to a trade mark, which was not on the Australian Register prior to Independence , but came into effect after implementation of the Trade Marks Act Ch. 385, (hereinafter the "Act"). The trade mark administration currently constitutes a major part of IPOPNG's work and a total of over 19, 000 marks are currently registered in our database. The Act is currently under review to make it fully TRIPs compliant. Other issues taken into consideration in the review are Geographical Indications, Collective Marks and well-known marks.
Patents and Industrial Designs Act
This law was introduced in 2000 and were approved by Parliament and came into force in 2002, Papua New Guinea 's patent system has the National and PCT filing route. Substantive examinations for patent applications are done on behalf of IPOPNG by IP Australia. See under "Cooperation" for details. The legislation is TRIPS compliant.
The first patent to be filed and granted in PNG is the invention called the "Intruder Resistant Screen". Registration No. 000001. Filed 25 February 2003. Owner John Charles Pepperell of Australia . This law is also currently under review.
Copyright and Neighbouring rights Act
This law was introduced in 2000 together with the Patent and Industrial Designs Act 2000 and enacted in 2002. Works of copyright are automatically protected upon creation under the law. The law is TRIPS compliant. At present there is substantive review and amendments being undertaken to this Act to include the creation and administration and regulation of Collective Management Organisations within PNG.
DOMESTIC LAW REGARDING ENFORCEMENT OF IP RIGHTS
The following table summarizes domestic laws in regard to the enforcement of IP Rights
Intellectual Property |
Status of Law in PNG |
Date of entry into force of the current law 2 |
National Law |
Comments |
| PATENTS | Established | 19-Jul-2002 | Patents & Industrial Designs Act 2000 | Currently undergoing amendments |
| TRADEMARKS | Established | 1980 1990 | Trade Marks Act Ch 385 Customs (Prohibited Imports) Regulation Ch 101 | Amendments currently undergoing review to cater for TRIPS provisions and include Geographical Indications To enforce infringement & counterfeit issues of Intellectual property at the border points. |
| INDUSTRIAL DESIGNS | Established | 19-Jul-2002 | Patents & Industrial Designs Act 2000 | Currently undergoing amendments |
| COPYRIGHT AND NEIGHBORING RIGHTS | Established | 19-Jul-2002 | Copyright & Neighboring Rights Act 2000 | Currently working on draft regulation relating to CMO |
| UTILITY MODELS | Not established | - | - - | - |
| UNFAIR COMPETITION | Established | - | Independent Consumer & Competition Commission Act | Internal Consumer and Competition Commission |
| TRADE SECRETS | Not established | - | - | - |
| COMPUTER PROGRAMS | No specific law for this category but the Copyright law can be applied | - | - | Protected Under Copyright Law |
| LAYOUT DESIGNS (Topographies) OF INTEGRATED CIRCUITS | Not established | - | - | - |