VANUATU

Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.

trade mark information

Types of Trade Mark

Classification

International, Nice Classification;
Multi-class;
Goods and services can be registered.

International Arrangements

Convention priority can be claimed, even though Vanuatu is not a member of the Paris Convention.

Renewal

10 years from the filing date, and every 10 years thereafter;
There is a 3-month grace period.

Use Provisions

Non-use of a trade mark for a period of 3 years from filing renders it vulnerable to an action for cancellation by third parties.  Such an action, however, cannot be brought until a period of 5 years from the filing date has passed.

Patent information

Types of Patent

The Patents Act 2003 is finally now fully in force, and the "Registration of UK Patents Act (CAP. 80)" has been repealed such that it is no longer possible to file new applications for the reregistration of granted UK patents.  The 2003 Act provides for the registration of substantive (local) patents with or without priority claims.

International Arrangements

Convention priority may be claimed.

Duration

20 years from the local filing date.

Renewal

Renewal fees are finally now payable in respect of Vanuatu patents.  The law provides that renewal fees are payable annually from the local filing date, in order to maintain the patent in force.

design information

Types of Design

International Arrangements

Convention priority can be claimed.

Duration

10 years from the filing date, extensible by a further period of 10 years.

Renewal

A single renewal fee is payable on the 10th anniversary of the filing date;
There is a 3-month grace period.

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