Department of Justice & Border Control

INTELLECTUAL PROPERTY DIVISION

Protection of intellectual property is recognition of creativity

Intellectual property is a property right that derives from knowledge, which is essential to creativity. The creator has the right to protect it. However, every innovation must be applicable to the advancement of our community. Any unauthorised use of intellectual property constitutes intellectual theft. The protection of intellectual property is essential to the development of additional ideas, innovations and knowledge for a variety of purposes.

The Division is headed by the Registrar of Intellectual Property and assisted by 2 legal officers, a Pleader and Paralegal officers from the Business Section and the Office of the Solicitor General.

Capacity building for local staff are regularly provided via the online platform whereas some meetings and workshops are attended onsite. A local senior legal officer has recently graduated with Masters in Intellectual Property, through a scholarship funded by the World Intellectual Property Office (WIPO).

The IP Division continues to receive an influx of international IP applications from major companies.

WHAT WE DO

We are mandated with the administration of intellectual property registration in Nauru.

Intellectual Property Rights (IPRs) such as Patents, Trademark and Copyright protects the innovative products and services that help the economy grow. IPRs are effectively registered and administered by the Division.

The Division was established under Section 11A of the Public Service Act 2016 and the creation of this Division was published in the Gazette on 14th May 2021.

Laws

Patents Registration Act 1973 & relevant regulations
Copyright Act 2019
Trademarks Act 2019 & relevant regulations

Forms

Patents Registration (Forms and Fees) Regulations 2020

Form 1 – Application form for an invention to be registered as a grant of patent

Form 2 – Request for examination of application for an invention to be registered as a grant of patent

Form 2 –

Request for examination of application for an invention to be registered as a grant of patent

Form 3 – Application form for grant of patent following examination
Form 5 – Written undertaking of invention to be registered as a grant of patent
Form 6 – Written undertaking for grant of patent

Form 8 – Notice of opposition to application of an invention to be registered as a grant of patent

Form 8 –

Notice of opposition to application of an invention to be registered as a grant of patent

Form 6 – Written undertaking for grant of patent
Form 11 – Application for renewal of patent
Form 13 – Notice of restoration
Form 16 – Request for substitution of specifications or drawings
Form 17 – Application form for registration of assignment or transmission
Form 19 – Application form for inspection of register of patents

Trademarks (Forms and Fees) Regulations 2020

Form 1 – Application form for registration of trademark
Form 3 – Notice of opposition to application for registration of trademark
Form 5 – Application form for amendment of pending application for the registration of mark
Form 9 – Application form for renewal
Form 10 – Application form for correction of Register of Trademarks
Form 11 – Application form for surrender of trademark
Form 12 – Notice of surrender of trademark
Form 13 – Application form for alteration of trademark
Form 14 – Application form for addition of goods or services
Form 15 – Application form for removal of non-use trademark
Form 19 – Application for rectification of Register
Form 20 – Application to register assignment of trademark
Form 22 – Application form for inspection of Register of Trademarks
Form 23 – Application form for certified copy or extract of document

FEES

Patents Registration (Forms and Fees) Regulations 2020
Trademarks (Forms and Fees) Regulations 2020

FAQs

TRADEMARKS

It means any mark which is registered under this Act and is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person and includes the reference to the words ‘trade’ and ‘mark’.

It is a good idea to register your trademark to protect yourself from a lawsuit for trademark infringement, to add value to your business, to let your rivals and the public know about your rights to your own brand, and to strengthen the legal protection of your mark.

Your application form must be submitted with the required proof of payment of the fee to the office of the Registrar of Trademarks.

You may email the application form with the required documents to the Registrar of Trademarks.

Yes. The Registrar of Trademark may refuse an application if the mark is not distinguishing applicant’s goods or services, is scandalous or its use is contrary to law, identical trademark.

A trademark is registered for a period of 10 years in Nauru.

While you can use your mark before obtaining complete registration, there are several aspects to consider. During this time, you will not be able to obtain trademark protection.

Yes. You can apply to the Registrar of Trademarks requesting an amendment to your pending application for registration.

Yes. You can give your notice of opposition to the Registrar within 21 days of gazettal of the application.

PATENTS

A patent is an exclusive right awarded for an invention, which is a product or technique that offers a new way of doing something or a new technical solution to a problem. Technical information concerning the innovation must be revealed to the public in a patent application in order to get a patent.

In Nauru, it means letters patent for an invention granted by the appropriate authority in the Commonwealth of Australia, the United Kingdom or the United States of America and includes a patent of addition.

An invention granted by the appropriate authority in the Commonwealth of Australia, the United Kingdom or the United States of America and includes a patent of addition.

Your application form must be submitted with the required proof of payment of the fee to the office of the Registrar of Patents.

You may email the application form with the required documents to the Registrar of Patents.

OUR TEAM

Jay Udit

Secretary for Justice and Border Control & Registrar of Patents, Copyrights and Trademarks

Patricia Grundler

Senior Legal Officer (assisting the Registrar)

Mele Lemaki Tagivakatini

Legal Officer (assisting the Registrar)

Regina Deidenang

Paralegal (assisting the Registrar)

Kayla Akua

Paralegal (assisting the Registrar)

Ofa-Fay Temaki

Paralegal (assisting the Registrar)

OUR LOCATION

Office of the Registrar of Patents Copyrights or Trademarks
Department of Justice and Border Control
Ground Floor
Government Buildings Yaren District
Republic of Nauru
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