Intellectual Property Updates

There is some confusion over which law governs trade mark registrations in Fiji. This bulletin clarifies the current legal framework.

At the date of this bulletin, the Trade-Marks Act 1933 remains the governing law for trade mark registrations in Fiji. Although Parliament passed the Trade Marks Act 2021 in August 2021, that Act has not yet commenced. Its official start date has not been gazetted (published in the Government Gazette which would bring the law into force), and it is not known when it may be gazetted. Furthermore, it is not known if the necessary regulations have been drafted. Until such time as the 2021 Act commencement date is gazetted, the 1933 Act remains in force.

In this bulletin we set out some FAQs relating to the current legal framework in Fiji:

After more than 70 years, the Parliament of Fiji on 19 August 2021 tabled and passed the following Bills now referred to as Acts of Parliament:

• Trade Marks Act 2021 (repeals the Trade Marks Act 1933 and the Merchandise Marks Act 1933 and adopts the Nice Classification and makes provisions for the Madrid Protocol).

• Patents Act 2021 (repeals the Patent Act 1879 and its subsidiary legislation).

• Designs Act 2021 (repeals the United Kingdom Designs (Protection) Act 1936.

The passing of these Acts is a giant leap forward for Fiji’s Trade Mark, Patent and Design laws as they become more aligned and compliant to international standards and practices. We take a brief look at the changes in this update, and will continue to provide more updates when the legislation is in force.