Nathalie Dreyfus
French Polynesia achieved autonomous status by law on 3 March 2004(1).
A Law of 6 May 2013(2) and a Decree of 22 July 2013(3) have outlined the means by which a national trademark can be protected in French Polynesia under the same conditions as in metropolitan France, notably as regards the duration of protected rights.
French trademarks registered with the French IP Office (INPI) and French designations of international trademarks are not the only rights to be affected, the same applies to patents, utility certificates, designs and French semiconductor topographies accorded by the INPI.
For IP rights filed prior to 3 March 2004 there will be no difficulty since there will be automatic recognition without any formalities being required. For rights filed after 1st January 2014 an extension of the scope of protection to French Polynesia will be possible via payment of an additional tax.
For all other rights, validation is essential in order to be protected in French Polynesia:
A period of transition has been established for rights filed between 3 March 2004 and 31 December 2013(4) during which the registration of national marks must be validated in order for them to be extended to French Polynesia.
When can trademarks be validated for French Polynesia?
Requests to obtain recognition must be made between 1st September 2013 and 1st September 2015.
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(1) Law n°2004-192
(2) Article LP 138 of Law n°2013-14
(3) Decree n°1002/CM
(4) For rights filed between 1st September 2013 and 31st December, recognition will be possible during the 4th quarter of 2013, immediately following publication of a new Decree by the French Polynesian government.
Author: Nathalie Dreyfus
Dreyfus & associés
Intellectual Property Attorneys
Paris | Lyon | Strasbourg
www.dreyfus.fr
