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IP Progress and Recent Developments

by | Dec 3, 2018

Intellectual Property Progress and Recent Developments

  • This is the third time Kiribati will participate in celebrating the Intellectual Property Day through the Ministry of Commerce, Industry and Cooperatives in April. Since the 26th of April, 2020 falls on a Sunday, the main event is rescheduled to be celebrated on Friday, 24th April, 2020. The theme for the day is “Innovate for a Green Future.” Responsible staffs are now busy with preparations, and there is an expectation that upon confirmation and finalization of activity arrangements for the event, awareness and drama show will be conducted soon through media, visiting High Schools and tertiaries prior this event in order to widen public awareness on the Intellectual Property Day, relevant important roles and administered laws of the Intellectual Property.
  • In 2019, IPR awareness had been conducted to outer islands such as Tabiteuea, Arorae, Butaritari and Beru.

Endorsement and Implementation of the National Intellectual Property Strategy (NIPS) 2017 is in progress with the review and amendment of all out-dated Intellectual Property Law reflected below:

Review of all outdated IPR / Implementation of IPR legislations

Status

Commencement Dates

Comment

Copyright Act 2018 & Copyright Regulation 2019

Done

August 2018

There are number of 400 copyright works registered due that the registration is free!

 

Trademark Act 2019

Done

August 2019

Trademark Regulation draft under review by the Office of Attorney General

The registration system remain used the United Kingdom Trademark Ordinance (Cap 88) There are 4,410 registered Trademarks in Kiribati

 

Industrial Design

To be considered in the next proceeding

Patent Act 2022

Done

December 2022

Patent Regulation yet to be draft. More capacity building training on Patent examination and Technical Assistance needs from WIPO

The patent registration system remain used the Registration of United Kingdom Patents Ordinance

For an effective system of IPR, Kiribati should acceded into certain agreements and treaties. Below are updated information in relation to acceded treaties or agreements:

Treaties

Acceded

Yes / No

Date of Accession

Purpose

Berne Convention

Yes

2/10/2017

Protection of Artistic and Literary works

Marrakesh Treaty

Yes

31/7/2019

Facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled

WIPO Copyright Treaty(WCT)

WIPO Performances and Phonograms Treaty (WPPT)

 

Yes 22/32021

WCT is a special agreement under the Berne Convention that deals with the protection of works and the rights of their authors in the digital environment

Deals with the two kinds of beneficiaries, particularly in the digital environment: Performers (actors, singers,
musicians, etc.); and (ii)
producers of phonograms
(persons or legal entities
that take the initiative and
have the responsibility for
the fixation of sounds).
These rights are addressed
in the same instrument,
because most of the rights
granted by the Treaty to
performers are rights
connected to their fixed,
purely aural performances
(which are the subject
matter of phonograms).

Beijing Treaty on Audiovisual Performance (BTAP) The Beijing Treaty on
Audiovisual Performances
was adopted by the
Diplomatic Conference on
the Protection of
Audiovisual Performances,
which took place in Beijing
from June 20 to 26, 2012.
The Treaty deals with the
intellectual property rights
of performers in audiovisual
performances.
Paris Convention Yes 5/11/2021 Protection of Industrial property including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition
Nagoya Protocol Yes 2/9/2021 The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity

Madrid protocol

Hague Agreement

Patent Cooperation Treaty

Considered to be acceded