IP/N/1/VUT/1  
 
10 October 2014  
(14-5772)  Page: 1/2  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
VANUATU  
 
By means of a communication dated 18 February 2014, the Delegation of Vanuatu has submitted 
the following notification under Article 63.2 of the Agreement.   
 
_______________ 
 
 
 
A.  Laws pertaining to implementation of TRIPS in the Republic of Vanuatu 
 
Vanuatu has the following laws currently in force as from the 8
th of February 2011 relating 
to TRIPS:  
a) The Copyright & Related Rights Act No. 42 of 2000
1 
b) The Trademarks Act No. 1 of 20032 
c) The Patent Act No. 2 of 20033 
d) There is a Patent (Amendment) Act No. 14 of 20114 
e) The Designs Act No. 3 of 20035 
f) The Circuit Layouts Act no. 51 of 20006 
g) The Geographical Indications (Wine) Act 20007 
h) The Trade Secrets Act No. 52 of 20008 
i) The Berne Convention for the Protection of Literary and Artistic Works (Ratification) 
Act No. 16 of 20129 
j) The Convention Establishing the World Intellectual Property Organisation (Ratification) 
Act No. 13 of 201210 
 
 
 
                                               
1 See document IP/N/1/VUT/C/1. 
2 See document IP/N/1/VUT/T/1. 
3 See document IP/N/1/VUT/P/1. 
4 To be distributed on receipt of text. 
5 See document IP/N/1/VUT/D/1. 
6 See document IP/N/1/VUT/L/1. 
7 See document IP/N/1/VUT/G/1. 
8 See document IP/N/1/VUT/U/1. 
9 See document IP/N/1/VUT/C/2. 
10 See document IP/N/1/VUT/O/1. IP/N/1/VUT/1 
 
- 2 - 
 
  B.   Ministerial Orders 
 Vanuatu has the following regulations to implement the Trademarks Act No. 1 of 2003:  
a) Trademarks for goods and services (fees) regulation order No. 15 of 2012
11 
b) Trademarks Act No. 1 of 2003 – Establishment of Intellectual Property Office Order 
No 24 of 201212 
c) Trademarks Act No. 1 of 2003 – Declaration of Convention Countries Order No. 40 of 
201213 
d) Designs Act No. 3 of 2003  - Declaration of Convention Countries Order No. 41 of 
201214 
e) Patents Act No. 2 of 2003 – Declaration of Convention Countries Order No. 42 of 
201315 
f) Trademarks Act No. 1 of 2003 – Trademarks for goods and services (fees) regulation 
(amendment) Order No. 116 of 201216 
 
 
C.  Final judicial decisions  
 
Vanuatu does not yet have any final judicial decisions on the implementation of the IP laws.  
 
D. Administrative Rulings of general application  
 
In administration of the Trademarks Act No. 1 of  2003 there is a general process of work which the 
officers follow on receiving trademark application, the applications are examined then they are published in by the State law Office headed by the Attorney General in the official gazette and 
finally when there is no opposition, the Registrar registers the trademarks.   
 There are 20 services altogether under the Trademarks Act No. 1 of 2003.  
 
Conclusion  
Work is still being carried out on the other IP laws for implementation such as the Patents and 
Designs legislations.   
Vanuatu has a proposed law on the establishment of a Collective Society for copyright owners to 
register and commercialise their works. Consultations will be held on this proposed law in April and then it should be submitted for approval to the Council of Ministers and then to the Parliament for final approval. 
 
The Geographical Indications needs to be overhauled and Vanuatu needs to have a Plant Protection Act in place too. 
 
 
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11 To be distributed on receipt of text. 
12 To be distributed on receipt of text. 
13 See document IP/N/1/VUT/T/2. 
14 To be distributed on receipt of text. 
15 To be distributed on receipt of text. 
16 See document IP/N/1/VUT/T/3.