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Telikom |
LEGISLATION
ENFORCEMENT
IP AWARENESS
LEGISLATION
LAWS ADMINISTERED BY IPOPNG
Trade Marks Act ( Ch. 385)
The Trade Marks Act (Ch.385) is the oldest Intellectual Property (IP) legislation administered in PNG. The Act was derived from the Australian Trade Marks Act of 1955.
The Trade Marks Act [Ch 385] (hereinafter the "Act") came into full implementation in 1980 and has been in existence since. The Trade Mark Office was established in late 1970s under the Ministry of Justice and upon independence the trade mark registrations under the Australian regime were transferred to PNG Trade Mark Register. All applications which were not on the Australian Register prior to Independence were registered after the implementation of the Act.
The Act has been recently amended and is currently under review to make it fully TRIPs compliant. Other issues taken into consideration under the amendments and 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 Organizations within PNG.
DOMESTIC LAWS REGARDING THE PROTECTION OF IP RIGHTS
The following table summarizes domestic laws in regard to the protection of IP Rights in the country
Intellectual Property |
Date of entry into force of the current law 2 |
National Law |
Comments |
| PATENTS | 19-Jul-2002 |
Patents & Industrial Designs Act 2000 | Currently undergoing amendments |
| TRADEMARKS | 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 | 19-Jul-2002 |
Patents & Industrial Designs Act 2000 | Currently undergoing amendments |
| COPYRIGHT AND NEIGHBORING RIGHTS | 19-Jul-2002 |
Copyright & Neighboring Rights Act 2000 | Currently working on draft regulation relating to CMO |
| UNFAIR COMPETITION | - |
Independent Consumer & Competition Commission Act | Internal Consumer and Competition Commission |
| COMPUTER PROGRAMS | - |
- | Protected Under Copyright Law |
