Kiribati Patent Law
Kiribati is governed by in accordance and operate under the United Kingdom (UK) Patent ordinance (cap 87). Currently, Kiribati is working in the implementation of their own Patent Act which will be getting in force soon.
Kiribati, a member of the Commonwealth of UK. However to gain proctection local extention registration is required.
Kiribati have acceded the following treaties and agreements
Berne Convention (2017)
Marrakesh Treaty (2019)
Paris Convention (In progress)
Madrid Protocol (In progress)
Power of Attorney (POA) simply signed
Certified copy of UK Registration certificate (If UK based)
(It is unclear if an EP (UK) patent can form the basis of a patent application in Kiribati.
Kiribati Patent Registration Procedure
The patent application are filed at the Ministry of Commerce, Industry and Cooperatives (MCIC) of Kiribate.
Based on a UK registration within three (3) years of the date of issue in the UK (and which will remain in force so long as the patent remains in force in the United Kingdom).
* “UK-based” applications must be advertised (at least once) for opposition before registration.
If there is not obstacles, the patent is granted.
The approximate time for registration of a patent in Kiribati is 9 to 12 months, approximately.
Once registered, the patent registration will be in force for the duration of the UK registration.
For a patent to be registrable in Kiribati it must be:
* Must have an inventive step
* Industrially applicable
Kiribati Trademark Law
Legal basis is the Registration of United Kingdom Trade Marks Ordinance [Cap 88] in force since 22 August 1939.
The new Trademark Act 2019 has been passed from Parliament on the 20th of August, 2019 and it is now recognized as one of the legislations in Kiribati. The office of the Attorney General is now in process of drafting the Trademark Regulations, once it is fully completed and implemented then national registrations will initiated. Whilst in the transition period, overseas applications are still received and processed as we are now still working in accordance with the registration procedures of the United Kingdom Trademark Ordinance (Cap 88) until the new Trademark Act is fully implemented.
Is not a member of the Madrid Agreement, the Madrid Protocol, Paris Convention or the European Union.
Trademark protection is obtained by registration.
Nice classification, 11th edition. Multiple-class applications is possible. An application can include goods or services in one class.
- A Simply signed Power of Attorney (POA).
- Certified copy of UK registration issued by the United Kingdom Comptroller-General
Kiribati Trademark Registration Procedure
The application is filed at the Ministry of Commerce, Industry and Cooperatives (MCIC) in Kiribati.
A trade mark application must be based on a national UK registration certificate issued by the United Kingdom Comptroller-General. Once an application is lodged, the Registrar is required to enter the particulars of the application in the Trade Marks Register and issue the applicant with a registration certificate. There is no requirement for publication or opposition.
National Opposition Period
There is no opposition period. Applications are to be registered as of right without publication or opposition.
The approximate time frame for completing the registration process of a trademark in Kiribati is from 12-18 months at the most depending upon confirmation by the Ministry of Finance on payment of filing fees.
Trademark Protection in Kiribati begins from the date of registration of the corresponding United Kingdom trade mark. A trade mark registration is valid for the duration of the corresponding UK registration in respect of the goods or services which the trade is registered in Kiribati. Registration renewed for periods of 10 years from date of UK registration.
The use of a trademark is not required in Kiribati.