Designs

– Industrial Property Act 1994, in force since February 1, 2000, amended by the Industrial Property (Amendment) Acts 1999, 2002 and 2009.

Membership in International Conventions

– The Hague Convention Abolishing the Requirement of Consular Legalization for Foreign Public Documents (Apostille), successor party since June 4, 1970.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 14, 2001.
– Convention Establishing the World Intellectual Property Organization (WIPO), since June 14, 2001.
– WTO’s TRIPS Agreement, since July 27, 2007.

Filing

Applicant: the creator of the design, his assignee or successor, or the person who commissions or employs the creator to create the design. 

Applicants not living in Tonga: must specify a local agent having a place of business in Tonga. 

Eligibility: an industrial design is registrable if it is new.

Novelty: it shall not be considered new if it has been disclosed to the public anywhere in the world by publication in tangible form, or in Tonga by description or by use or in any other way prior to the priority date.

Filing requirements for an application (to be sent to resident agent):
1. A request, drawings, photographs or other adequate graphic representations embodying the design;
2. Where the design is two-dimensional, 4 graphic representations, drawings or tracings; where the design is three-dimensional, 4 graphic representations, drawings or tracings of each of the different sides of the design must be provided;
3. Where the applicant is not the creator, the application must be accompanied by a statement justifying the applicant’s right to registration.

Protection

Examination: applications are examined for compliance with formalities and whether they are contrary to the public order. If the Registrar finds that the requirements are not made out, the Registrar shall give the applicant two months to correct the defects otherwise the application will lapse.

Publication: after acceptance. 

Rights granted: the exclusive right to make, sell and import articles incorporating the design. 

Duration: fifteen years from the filing date of the application.

Renewals: five years from the filing date, then for two further consecutive periods of five years. A six-month grace period is allowed for late payment on payment of a surcharge.

Invalidation: any interested person may apply to the court to invalidate the design.