Intellectual Property Division
Since 2019, the Department has made tremendous efforts to
establish a favourable environment for the creation and protection
of intellectual property rights and strengthening of the
administration of intellectual property in the Republic. This has
resulted in the development of intellectual property rights laws
and the creation of the Intellectual Property Division.
Intellectual property refers to creations of the mind, such as
inventions, literary and artistic works, designs and symbols, names
and images used in commerce. Copyright relates to the economic and
moral rights subsisting in that creation. A patent is an exclusive
right granted for an invention, which is a product or a process
that provides, in general, a new way of doing something, or offers
a new technical solution to a problem. To get a patent, technical
information about the invention must be disclosed to the public in
a patent application. A trademark means any mark which is
registered under the law and is capable of distinguishing goods or
services dealt with or provided in the course of trade by a person
from goods or services dealt with or provided by any other
person.
The Division is responsible for the administration of the
following Acts:
- Copyright Act 2019 which provides for copyright in literary,
musical and artistic works, audio-visual works, sound recordings,
broadcasts and related purposes.
- Trademarks Act 2019 which establishes the legal framework for
the registration and protection of trademarks and for related
purposes.
- Patents Registration Act 1973 which provides for the
registration of letters of patent and of applications for letters
of patent, and for the privileges and rights exercisable in Nauru
upon such registration.
Our Team
| Position |
Name |
| Registrar of Intellectual Property |
Jay Udit |
| Assisting the Registrar (Interim) |
Mele Tagivakatini |
| Assisting the Registrar (Interim) |
Patricia Grundler |
| Pleader (Intellectual Property) |
Vacant |
| Paralegal (Intellectual Property) |
Vacant |
Objectives
- Protecting creations of the minds such as inventions, literary,
artwork, designs, symbols, names and images used in commerce.
Motivation
Own what you create. Protect what you own.
Strategic Plan Priority Area 4: Cost Cutting
Sectors
Cross-Goal 1
Strengthen Parliament, audit, justice, law, order and border
control.
Achievements
On 11 May 2020, Nauru became a member of the World Intellectual
Property Organisation commonly known as WIPO. It has also acceded
to a number of Conventions in intellectual property.
During the annual reporting year, the following Regulations were
approved by the Cabinet, which supplements the Trademarks Act 2019
and the Patents Registration Act 1973:
- Patents Registration (Forms and Fees) Regulations 2020, which
was notified in the Gazette on 22ndSeptember 2020. In
order to ensure that inventions are protected, the Regulations were
made which:
- provides
the procedure and process for lodgement for registration of an
invention, examination of an invention and registration of a
patent;
- provides
the forms;
- provides
the fees; and
- provides
the details for the process of and maintaining of records in the
Register of Patents.
- Patents
Registration (Appeals) Rules 2020, which was notified in the
Gazette on 5thOctober
2020.
- Trademarks (Forms and Fees) Regulations 2020, which was
notified in the Gazette on 10th November 2020. These
Regulations provide the forms, fees and form of Register of
Trademarks. Trademark registration is important as it gives the
owner the right to use a mark in respect of goods and services
covered by it. This will in effect prevent the unauthorised use of
a trademark.
Way Forward
- The Division is taking all relevant steps to strengthening
intellectual property rights, administration and management. This
is to ensure that there is ease of access to applicants and
stakeholders alike.
- The Division will continue to endeavour to ensure timely
delivery of intellectual property services by strengthening its
manpower. Further, the Division is working on creating a digital
environment for improved functioning and service
delivery.
- The positions under the Division are new creations. It is
envisaged that appointees to the posts in the Division will undergo
training and capacity building that can be accessed through
WIPO.
- Public awareness of the importance of intellectual property
rights will be facilitated by the Division so that the people know
the process on how to register an invention or creation as well as
a product mark.