PATENTS
Patent Law in Nauru
The law that governs patents in Nauru is the Patents Registration Act 1973 in force from 15 April 2011.
Language
English
Nauru is a member of the following international conventions
* Berne Convention (2020)
* WIPO Convention (2020)
Documents required
- Power of Attorney simply signed
- Certified copy of the UK, US or Australian Patent Certificate.
Nauru Patent Registration Process
A patent application can be filed at the Nauru Registrar based on a pending Australian, US or UK application or a granted Australian, US or UK patent, provided that the granted patent is registered in Nauru within three (3) years of its date of grant.
Publication
The patent application in Nauru are published at the Patents Gazette (MWINEN KO) by the Nauru Media Bureau for up 3 months.
Opposition
In Nauru opposition against patent application can be filed within 3 month of the publication date.
Nauru Patent Issuance of Certificate of Registration
If there is no opposition and the Registrar is satisfied from the documents lodged with the application that it is in order and, in the case of opposition, if the Registrar considers that there are no good grounds for such opposition, he will issued the patent Certificate.
Annuities in Nauru
The holder of a certificate of registration of a patent in Nauru shall pay on or before the anniversary in each year of the date on which the patent is registered such annual fee as may be prescribed in respect thereof and, if he fails to pay any such fee by the due date, the Registrar shall forthwith cancel the registration and publish in the Patents Gazette a notice of the cancellation; and the certificate of registration shall thereupon be deemed to have been cancelled and shall cease to be valid thereafter.
Duration
The patent in Nauru will be in force until the expiration of the UK, US or Australian Patent.
TRADEMARKS
Trademark Law in Nauru
The Australian Trade Marks Act 1955 was adopted in Nauru. However the position of the Registrar of Trade Marks is vacant and trade mark applications are not advancing.
There is no legislation that provides for the protection of trademarks the Nauru. Trademark protection is acquired by sufficient public recognition.
The cautionary notices is the best way to protect Trademarks rights in Nauru, which need to be published every two (2) years.
Classification
As there is no method for protecting trademarks in the Nauru, there is no classification system used.
Nauru is a member of the following international agreements and conventions
* Berne Convention (2020)
* WIPO Convention (2020)
Trademark Protection Procedure in Nauru
Protection of trade marks is only acquired by way of common law, i.e., by publishing cautionary notice in the leading newspaper every two (2) years.
A cautionary notice may be published for multiple-classes or separate cautionary notices may also be published for each class.
An application can include goods or services in any number of classes, but with additional charges (publication fees with the newspaper company) for each additional class.
Publication
* Currently the only newspaper published in Nauru by the Nauru Media Bureau. The MWINEN KO Newspaper is published on a monthly basis.
* Cautionary notices to be emailed to the Nauru Media Bureau by 12th of every month to be included in monthly publication.
Timeframe
This entire process of acquiring trademark protection by Publishing a cautionary notice may take approximately 3 to 5 weeks time.
National Opposition Period
By publishing a cautionary notice in the leading newspaper in Nauru as per common law, the public at large are made aware of the sole ownership/proprietorship on the mark and in case of any infringement, the same may be brought to the notice of the Court.
Duration
Since there is no trademark law in the Nauru, protection of trademarks is only by way of common law, i.e., by publishing a cautionary notice in the leading newspaper. Therefore, there is no provision for renewal of the mark. However, it is recommended that the cautionary notice(s) be re-published every two (2) years.