WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/PNG/I/1 
17 November 2005 
 (05-5418) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
  anglais/   inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
PAPUA NEW GUINEA 
  
 The present document reproduces the text
1 of the Patents and Industrial Designs Act 2000, as 
notified by Papua New Guinea under Article 63.2 of the Agreement (see document IP/N/1/PNG/2). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
PAPOUASIE-NOUVELLE-GUINÉE 
   Le présent document contient le texte
1 de la Loi sur les brevets et les dessins industriels 
de 2000, notifiée par la Papouasie- Nouvelle-Guinée au titre de l'arti cle 63:2 de l'Accord (voir le 
document IP/N/1/PNG/2).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
PAPUA NUEVA GUINEA 
 
 
 En el presente documento se reproduce el texto1 de la Ley de Patentes y Dibujos y Modelos 
Industriales de 2000, que Papua Nueva Guinea ha notif icado en virtud del párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/PNG/2). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/PNG/I/1 
Page 2  
 
  
    
 
     
No. 30 of 2000 
 
Patents and Industrial Designs Act 2000. 
 
Certified on:  19/01/2001 
 
                            IP/N/1/PNG/I/1 
 Page 3 
 
 
 INDEPENDENT STATE OF PAPUA NEW GUINEA. 
  
No. 30  of 2000. 
  
Patents and Industrial Designs Act 2000 . 
 
 
ARRANGEMENT OF SECTIONS. 
 
PART I. - PRELIMINARY. 
 
1. Compliance with Constitutional requirements. 2. Interpretation – 
 “Court”  “exploitation of a registered industrial design” 
“exploitation of a patented invention” “industrial design” “international classification” 
“invention” “inventor” “Paris Convention” “patent” “priority date” “registered industrial design” “Registers” “Registrar” “this Act”.  
3. Application. 
PART II. – ADMINISTRATION. 
Division 1. - Registrar. 
 
4. Office of Registrar. 5. Seal. 6. Powers of Registrar. 7. Exercise of discretionary powers. 
Division 2. - The Registers. 
 
8. Registers. 
9. Inspection. 10. Certificates, etc., 11. Registers, etc., to be evidence.  IP/N/1/PNG/I/1 
Page 4  
 
 PART III. - PATENTS. 
Division 1 . – General . 
 
12. Patentable inventions. 13. New invention. 14. Invention involving an inventive step. 
15. Invention industrially applicable. 16. Right to patent. 17. Inventor to be named in patent. 18. Assignment, etc. of right to patent. 
Division 2 . – Application for Patent . 
 
19. Application. 20. Withdrawal of application for grant of patent. 21. Unity of invention. 22. Voluntary amendment and division of application. 
23. Right of priority for patents. 24. Information concerning corresponding foreign applications and patents. 
25. Filing date for patents. 26. Examination of patent. 
Division 3. - Grant of Patents and Changes in Patents. 
 
27. Grant of patent. 28. Change in patent. 
Division 4. – Rights Conferred by  Patent and Duration of Patent. 
 
29. Rights conferred by a Patent. 30. Onus of proof in action fo r infringement of patent. 
31. Duration of patent and annual fees. 
Division 5. - Exploitation of Invention by Government or Person 
Authorised by Government. 
 
32. Exploitation by Government or person authorised by Government. 33. Variation of terms of decision authoris ing exploitation of a patented invention. 
34. Termination of authorisation. 35. Transfer of authorisation. 36. Appeal. 
Division 6. – Invalidation of Patent. 
 
37. Invalidation of patent.  IP/N/1/PNG/I/1 
 Page 5 
 
 
 PART IV. - INDUSTRIAL DESIGNS. 
Division 1. - General. 
 
38. Registrable industrial designs. 39. New or original industrial design. 40. Right to registrati on of industrial design. 
41. Creator to be named in registration. 
42. Assignment, etc., of right to  register industrial design. 
Division 2. - Application for Regist ration of an Industrial Design. 
 
43. Application to regi ster industrial design. 
44. Withdrawal of applicat ion for industrial design. 
45. Right of priority for industrial designs. 46. Filing date for industrial designs. 47. Examination of industrial design. 
Division 3. - Registration of Industrial Designs. 
 
48. Registration of industrial designs. 
Division 4. – Rights Conf erred by Registration of Industrial Designs 
and Duration of Registration. 
 
49. Rights conferred by regist ration of industrial design. 
50. Duration and renewal of regi stration of industrial design. 
Division 5. – Invalidation of Industrial Design. 
 
51. Invalidation of industrial design. 
PART V. – MISCELLANEOUS. 
Division 1. – Notification to the Re gistrar of Changes in Patent or 
Industrial Design. 
 
52. Changes in ownership. 53. Licensing of patent or industrial design. 
Division 2. – Agents. 
54. Agents. 
Division 3. – Jurisdiction of Court and Appeals. 
 
55. Jurisdiction of National Court. 56. Appeals. 57. Exercise of powers not affected by appeal. IP/N/1/PNG/I/1 
Page 6  
 
 Division 4. – Court Proceedings and Offences. 
 
58. Intervention by Registrar in infringement action. 59. False representations about patents and industrial designs. 
60. Disobedience to summons. 61. General penalty. 62. Prosecutions. 
PART VI. – REGULATIONS AND FEES. 
 
63. Regulations. 64. Fees. IP/N/1/PNG/I/1 
Page 7 
 
 
 THE INDEPENDENT STATE OF PAPUA NEW GUINEA. 
 
 
No. 30 of 2000 
 
 
AN ACT 
 
 
entitled 
  
Patents and Industrial Designs Act 2000.  
 
Being an Act to make provision for the protec tion of industrial property rights, namely 
patents, industrial design s and geographical indications , and for related purposes. 
 MADE by the National Parliament to come in to operation in accordance with a notice in the 
National Gazette by the Head of State, acti ng with, and in accordance with, the advice 
of the Minister. 
PART I. - PRELIMINARY. 
1. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS. 
(1) This Act, to the extent that it regulat es or restricts a right or freedom referred 
to in Subdivision III.3.C ( qualified rights ) of the Constitution , namely - 
(a) the right to freedom of expression conferred by Section 46 of  the 
Constitution ; and 
(b) the right to freedom of employme nt conferred by Section 48 of the 
Constitution ; and 
(c) the right to privacy conf erred by Section 49 of the Constitution , 
is a law that is made for the pur poses of giving effect to the pu blic interest in public order. 
 
 (2) For the purposes of Section 41 of the Organic Law on Provincial 
Governments and Local-level Governments  it is hereby declared that this Act relates to a 
matter of national interest. 
  (3) For the purposes of Section 53 ( protection against unjust deprivation of 
property ) of the Constitution it is hereby declared that the purposes of the exploitation of an 
invention under Section 32 are public purposes. 
 
  IP/N/1/PNG/I/1 
Page 8  
 
 2. INTERPRETATION. 
 
In this Act, unless  the contrary inte ntion appears - 
“Court” means the National Court; “exploitation of a registered industria l design” means the making, offering for 
hire, selling or importation of articles incorporating a design which is a copy, or substantially a copy, of th e registered industrial design; 
“exploitation of a patented inventio n” means any of the following acts: - 
(a) where the subject matter of  a patent is a product - 
(i) making, using, offering for hi re, selling and importing the 
product; and 
(ii) stocking the product for the purposes of offering for sale, 
sale or use; 
(b) where the subject matter of a patent is a process - 
(i) using the process; and 
(ii) using, offering for sale, selling and importing a product 
obtained directly by means of the process; 
“industrial design” means any composition of lines or colours or any three-
dimensional form, or any material, wh ether or not associated with lines 
or colours, provided that such co mposition, form or material gives a 
special appearance to a product of indus try or handicraft and can serve as 
a pattern for a product of  industry or handicraft and appeals to and is 
judged by the eye; 
“international classification” means, in relation to industrial designs, the 
classification according to the Locarno Agreement Establishing an International Classificati on for Industrial Designs; 
 “invention” means an idea of an i nventor which permits in practice the 
solution of a specific problem in th e field of technology and may be, or 
may relate to, a product or a pr ocess, but does not include - 
(a) a discovery, scientif ic theory or mathematical method; or 
(b) a scheme, rule or method for - 
(i) doing business; or 
(ii) performing purely mental acts; or 
(iii) playing games; or 
(c) diagnostic, therapeutic and surg ical methods, but not including any 
products for use in any such met hods, for the treatment of humans 
or animals; 
“inventor”, in relation to a patent, means the inventor of the invention to which 
that patent applies; 
“Paris Convention” means th e Paris Convention for the Protection of Industrial 
Property dated 20 March 1881, as last revised; 
“patent” means the title grante d to protect an invention; 
“priority date” means the date of the earli er application that serves as the basis 
for the right of priority provide d for in the Paris Convention; 
“registered industrial design” means an industrial design regi stered under this 
Act; 
“Registers” means the Register s referred to in Section 8;  IP/N/1/PNG/I/1 
 Page 9 
 
 
 “Registrar” means the Registrar of Pa tents and Industrial Designs and Trade 
Marks appointed under Section 4; 
“this Act” includes the Regulations; 
3. APPLICATION. 
This Act binds the State. 
PART II. – ADMINISTRATION. 
Division 1. - Registrar. 
4. OFFICE OF REGISTRAR. 
(1) For the purposes of this Act, the Mi nister, by notice in the National Gazette - 
(a) shall appoint a suitably qualified pe rson to be Registrar of Patents and 
Industrial Designs; and 
(b) may appoint such Deputy Registrars  of Patents and Industrial Designs 
and other officers as he considers necessary. 
 
(2)  A Deputy Registrar of Patents and Industrial Designs may, subject to the 
directions of the Registrar, ex ercise any power or carry out any function of the Registrar.  
 (3) The appointment of a Deputy Registra r of Patents and Industrial Designs does 
not affect the exercise of a power or the performance of a function by the Registrar. 
 (4) Until the Minister has made an appointment under Subsection (1) (a), the 
Registrar of Trade Marks appoint ed under the Trade Marks Act (C hapter 385) is the Registrar 
of Patents and Industrial Designs. 
5. SEAL. 
(1) The Registrar shall have and use as his se al of office a seal in such form as the 
Minister approves. 
 (2) In pursuance of his st atutory duties and functions, the Registrar may affix, or 
cause to be affixed, a facsimile of his signature which shall be deemed to be the signature of 
the Registrar. 
 (3) All courts, Judges and persons acting judi cially shall take ju dicial notice of - 
(a) a signature of any person  who holds or has held the office of Registrar or 
Deputy Registrar and of the fact that that person holds or has held that 
office; and 
(b) the seal of the Registrar. 
6. POWERS OF REGISTRAR. 
(1) The Registrar may, for the purposes of this Act - 
(a) summon witnesses; and 
(b) receive evidence on oath, whethe r orally or otherwise; and 
(c) require the production of documents or articles. IP/N/1/PNG/I/1 
Page 10  
 
  
(2) The Registrar may, on such terms as to  costs or otherwise as he thinks just, 
whether for the purpose of correcting a clerical  error or an obvious mistake or otherwise, 
permit the amendment of - 
(a) an application for - 
(i) the grant of a patent; or 
(ii) the registration of an industrial design; or 
(b) the Register of patents; or  
(c) the Register of i ndustrial designs; or 
(d) any other document lodged at his office. 
 
(3) An amendment of an application shall not be permitted under Subsection (2) 
where the amendment would substan tially affect the identity of - 
(a) the invention, the subjec t of the application for a grant of a patent; or 
(b) the industrial design as specified in  the application before amendment. 
 
(4) Where the Registrar is of the opinion that any document submitted to him - 
(a) contains any matter contrary to law; or 
(b) by reason of any omission or mi sdescription has not been duly 
completed; or 
(c) does not comply with the requirements of this Act; or 
(d) contains any error, alteration or erasure, 
(i) he may refuse to receive or register the document and request that the 
document be amended or completed appr opriately or resubmitted or that a 
fresh document be submitted in its place. 
(5) The Registrar may, where he is satisfie d that the circumstances justify it, on 
receiving a written request, extend the time for doing any act or taking any proceeding under 
this Act, upon notice to the parties concerned and upon such terms as he may direct. 
 (6) An extension under Subsection (5) may be granted notwithstanding that the 
time specified for doing the act or taking the proceeding has expired. 
7. EXERCISE OF DISCRETIONARY POWERS. 
The Registrar shall give any party to a proceeding before him an opportunity of being 
heard before exercising adversely any discre tionary power vested in him by this Act. 
Division 2. - The Registers. 
8. REGISTERS. 
(1) The Registrar shall establish and maintain separately - 
(a) a Register of patents; and 
(b) a Register of industrial designs. 
 
(2) All matters required by this Act to be  registered shall be affected in the 
appropriate Register.  IP/N/1/PNG/I/1 
 Page 11 
 
 
 9. INSPECTION. 
Each Register shall be available for inspection by any person, on payment of the 
prescribed fee, during such hours as the office of the Registrar is open for public business. 
10. CERTIFICATES, ETC., 
Subject to this Act, the Registrar may - 
(a) issue copies of or extracts from  entries in the Registers or other 
documents or publications in his office,  certified under his hand and seal; 
or 
(b) certify under his hand and seal that an entry, act, matter or thing required 
or authorised under this Act to be made or done, has or has not been 
made or done, as the case may be. 
11. REGISTERS, ETC., TO BE EVIDENCE. 
(1) Each Register is evidence of all matters required or authorised by this Act to 
be entered in it. 
 (2) A certified copy or extract issued by the Registrar under Section 10 is evidence 
in all courts and proceedings without fu rther proof or production of the original. 
 (3) A certificate of the Registrar under Sec tion 10 is evidence of the statements 
contained in the certificate. 
PART III. - PATENTS. 
Division 1 . – General . 
12. PATENTABLE INVENTIONS. 
(1) An invention is patentable if it - 
(a) is new in accordance with Section 13; and 
(b) involves an inventive step in  accordance with Section 14; and 
(c) is industrially applicable in accordance with Section 15. 
 (2) An inventions, the commercia l exploitation of which would – 
(a) be contrary to public order or morality; or 
(b) seriously prejudice the environment, 
is not patentable.  
13. NEW INVENTION. 
(1)  An invention is new where it  is not anticipated by prior art. 
 (2) For the purposes of this section, prior art shall consist of everything disclosed 
to the public, anywhere in the world, by - 
(a) tangible form; or  
(b) oral disclosure; or  IP/N/1/PNG/I/1 
Page 12  
 
 (c) use; or  
(d) any other way, 
prior to the filing, or, where a ppropriate, the priority  date of the appl ication claiming the 
invention.  
(3) For the purposes of Subsection (2), di sclosure to the public of the invention 
shall not be taken into consideration where - 
(a) it occurred within 12 months preceding the filing date, or, where 
applicable, the priority date of the application; and 
(b) it was by reason or in consequence of acts committed by the applicant or 
his predecessor in title, or of an abuse committed by a third party without regard the applicant or his predecessor in title. 
14. INVENTION INVOLVIN G AN INVENTIVE STEP. 
An invention involves an inven tive step where, having regard  to the prior art relevant 
to the application claiming the i nvention as defined in Section 13 (2), it would not have been 
obvious to a person skilled in th e relevant act in the light of  the common general knowledge 
as it existed prior to the filing, or, where appr opriate, the priority da te of the application 
claiming the invention. 
15. INVENTION INDUSTRIALLY APPLICABLE. 
(1) An invention is industrially applicable  where it can be made or used in any 
kind of industry. 
 (2) For the purposes of Subsection (1), “industr y” is to be construed in its broadest 
sense and in particular, without prejudice to  the foregoing, is to include handicrafts, 
agriculture, fishery and services. 
16. RIGHT TO PATENT. 
(1) The right to a patent  belong to the inventor. 
 (2) Where two or more persons have join tly made an invention, the right to the 
patent shall belong to them jointly. 
 (3) Where, and to the extent to which, tw o or more persons have made the same 
invention independently of each other, the pe rson whose application for the patent has - 
(a) the earliest filing date; or 
(b) if priority is claimed, the earliest validly claimed priority date, 
(ii) shall have the right to the patent as long as the application is not withdrawn, 
abandoned or rejected. 
(4) Where an invention is made in executi on of an employment contract, the right 
to the patent shall belong, in the absence of contractual provi sions to the contrary, to the 
employer.  IP/N/1/PNG/I/1 
 Page 13 
 
 
 17. INVENTOR TO BE NAMED IN PATENT. 
(1) The inventor shall be named in the patent unless, in a written declaration 
signed by him and addressed to the Registrar, he indicates that he wish es not to be named.  
 (2) A promise or understanding made by an inventor to any pe rson to the effect 
that he will make a declaration of the kind referre d to in Subsection (1) is  without legal effect. 
18. ASSIGNMENT, ETC OF RIGHT TO PATENT. 
The right to a patent may be - 
(a) assigned; or 
(b) transferred by succession. 
Division 2 . – Application for Patent . 
19. APPLICATION. 
(1) An application for a patent sh all be filed with the Registrar. 
 
(2) An application under Subsection (1) - 
(a) shall contain - 
(i) a notice in accordance with Subsection (4); and 
(ii) a description in accordance with Subsection (5); and 
(iii) one or more claims in accordance with Subsection (6); and 
(iv) where it is necessary for the unde rstanding of the invention, one or 
more drawings; and 
(v) an abstract in accordance with Subsection (7); and 
(vi) any other prescribed information or documents; and 
(b) may contain a declaration in accordance with Section 23 claiming a 
priority; and 
(c) shall be accompanied by the prescribed fee. 
 
(3) Where an application is not accompanie d by the prescribed fee the Registrar 
may refuse to accept it for filing and the applicati on shall be treated as if  it had not been filed. 
 (4) The notice referred to in Subsection (2)(a)(i) shall - 
(a) contain - 
(i) a request that a pate nt be granted; and 
(ii) the name of the applicant; and 
(iii) other prescribed information concerning the applicant, the inventor 
and the agent (if any); and 
(iv) the title of the invention; and 
(b) where the applicant is not the inventor, a statement justifying the right of 
the applicant to the patent. 
 IP/N/1/PNG/I/1 
Page 14  
 
 (5) The description referred to in Subsection (2)(a)(ii) shall – 
(a) disclose the invention in a manner su fficiently clear and complete for the 
invention to be carried out by a person having ordinary skill in the applicable art; and  
(b) indicate the best method known to th e applicant at the filing date, or 
where priority is claimed at the pr iority date, of the application, for 
carrying out the invention. 
 (6) The claim or claims referred to in Subsection (2)(a)(iii) shall – 
(a) define the matter for which protection is sought; and 
(b) be clear and concise; and 
(c) be fully supported by the descriptio n, which, with the drawings may be 
used to interpret  the claims. 
 
(7) The abstract referred to in Subs ection (2)(a)(v) shall provide a clear 
understanding of the problems and solutions  involved and a concise summary of – 
(a) the technical information re lating to the invention; and 
(b) the technical field to which the invention relates; and 
(c) the principal use or uses of the invention; and  
(d) where applicable, any formula that, of all the formulas contained in the 
description, best charac terises the invention,  
but shall not – 
(e) contain statements of alleged mer its or value of the invention; or 
(f) be taken into consideration for the purposes of interpre ting the scope of 
the protection of the invention. 
20. WITHDRAWAL OF APPLICATIO N FOR GRANT OF PATENT. 
(1) An applicant may, at any time before a patent is granted on the application, 
withdraw the application by filing with the Regi strar a notice in writing signed personally by 
the applicant. 
 (2) A notice filed under Subs ection (1) is irrevocable. 
21. UNITY OF INVENTION. 
(1) An application under Section 19 (1) sha ll relate to one invention only or to a 
group of inventions so linked as to fo rm a single general inventive concept. 
 (2) Where a group of inventions is claimed in one and the same application, the 
requirement for a single general inventive co ncept referred to in S ubsection (1) shall be 
fulfilled only when there is a t echnical relationship among those inventions involving one or 
more of the same or correspondi ng technical features that define a contribution which each of 
the claimed inventions, considered as  a whole, makes over the prior art. 
 
(3) The fact that a patent has been gran ted on an application which did not comply 
with Subsection (1) is not a ground fo r the invalidation of the patent.   IP/N/1/PNG/I/1 
 Page 15 
 
 
 22. VOLUNTARY AMENDM ENT AND DIVISION OF APPLICATION. 
(1) An applicant may, at any time before a patent is granted on an application – 
(a) subject to Subsection (2), file a request in the prescribed form for 
amendment of the application; and 
(b) subject to Subsection (3),  file a request in the prescribed form to divide 
the application into two or more app lications (referred to as “divisional 
applications”). 
 (2) A request for amendment under Subsection (1) ( a) of an application shall not 
go beyond the disclosure in the initial application. 
 (3) A divisional application - 
(a) shall not go beyond the disclosure in the initial a pplication; and 
(b) is entitled to the filing date and, where applicable, the priority date of the 
initial application. 
 (4) The onus shall be on the applicant to en sure that any request for amendment or 
divisional application does not go beyond the disclosure in the in itial application.  
 (5) Where a request under Subsection (1) is in the prescribed form and 
accompanied by the prescribed fee, the Regist rar shall grant the request and make the 
amendment or division to the applic ation, whichever is applicable.  
23. RIGHT OF PRIORITY FOR PATENTS. 
(1) An application under Section 19 (1) ma y contain a declaration claiming a right 
of priority, as provided for in the Paris Conven tion, of one or more earlier national, regional 
or international applications filed by the applicant or his predecessor in title in or for any State which is a party to the Paris Convention or a member of the Wo rld Trade Organisation. 
 (2) Where an application contains a declaration under Subsection (1), the 
Registrar may request the applicant to furnish, within a time limit specified by the Registrar and in a manner directed by the Registrar, a copy of the earlier application certified as a true 
and correct copy by the authority or body with which it was filed. 
 (3) The effect of a declaration under Subs ection (1) shall be as provided in the 
Paris Convention. 
 (4) Where the Registrar finds that the requi rements of this section and any matters 
prescribed in relation to this section have not been fulfilled, the declaration is considered not to have been made. IP/N/1/PNG/I/1 
Page 16  
 
 24. INFORMATION CONCERNING CORRESPONDING FOREIGN 
APPLICATIONS AND PATENTS. 
Where the Registrar so requests, an applican t under Section 19 (1) shall, within a time 
limit specified by the Registrar - 
(a) provide such information as is re quested by the Registrar, including but 
not limited to, the date and number of  any application for a patent filed 
by the applicant in another country or jurisdiction (in this section 
referred to as “foreign a pplication”), relating to the same or essentially 
the same invention as that claimed in the application filed with the Registrar; and 
(b) furnish to the Registrar the following documents relating to any foreign 
application: - (i) a copy of any communication receiv ed by the applicant concerning 
the results of any search or examination carried out in respect of the foreign application; 
(ii) a copy of any patent granted on the basis of the foreign 
application; 
(iii) a copy of any final decision rejecting the foreign application or 
refusing the grant requested in the foreign application; or 
(iv) a copy of any final decision invali dating the patent granted on the 
basis of the foreign application. 
25. FILING DATE FOR PATENTS. 
(1) Subject to Section 19 (3), where an application under S ection 19 contains - 
(a) an express or implied indication that a patent is sought; and 
(b) indications allowing the id entity of the applicant to be established; and 
(c) information which, on the face of it, appears to be a description of an 
invention,  
the Registrar shall record as the filing da te the date of receip t of the application. 
 
(2) Where the Registrar finds that an a pplication under Section 19 did not, at the 
time of its receipt by him, contain the matters  referred to in Subsect ion (1), he shall - 
(a) invite the applicant to file a co rrection within a time limit specified by 
the Registrar and in a manner directed by the Registrar; and 
(b) where the required correction is made in accordance with Paragraph (a), 
record as the filing date the date of receipt by the Registrar of the 
required correction; and 
(c) where the required correction is not  made in accordance with Paragraph 
(a), treat the application as if it had not been filed. 
 
(3) Where an application under Section 19 refers to drawings and no drawings are 
included with the applica tion, the Registrar shall - 
(a) invite the applicant to furnish the drawings within a time limit specified 
by the Registrar and in a manner directed by the Registrar; and  IP/N/1/PNG/I/1 
 Page 17 
 
 
 (b) where the drawings are furnished in accordance with Paragraph (a), 
record as the filing date the date of receipt by the Registrar of the 
drawings; and 
(c) where the drawings are not furn ished in accordance with Paragraph (a), 
record as the filing date the date of receipt by the Registrar of the 
application and treat any reference to the drawings as non-existent.  
26. EXAMINATION OF PATENT. 
After recording a filing date  under Section 25 for an application under Section 19 - 
 (a) the Registrar shall examine whether –  
(i) the application complies with the requirements of Section 19 (2) 
and (4) and any Regulations  pertaining thereto; and 
(ii) the application complies with those requirements of this Act, and 
the Regulations which are designated by the Regulations as formal requirements for the purposes of this Act; and  
(iii) information requested under Section 24, if any, has been provided; 
and 
(b) where the Registrar is of the opi nion that the application does not 
comply with the requirements of Paragraph (a) he may invite the 
applicant to file, within a time limit specified by the Registrar and in a manner directed by the Registrar, –  (i) a correction or amendment; or 
(ii) a submission as to whether the application complies with the 
requirements of Paragraph (a); or 
(iii) both (i) and (ii), 
and where after the expiration of the time limit specified by the Registrar, whether or not the applican t has responded to the invitation of 
the Registrar under this paragraph, th e Registrar is still of the opinion 
that the application does not comply with the requirements of Paragraph 
(a) the Registrar shall refuse the application and notify the applicant in 
writing of his decision. 
Division 3. - Grant of Patents and Changes in Patents. 
27. GRANT OF PATENT. 
(1) Where the Registrar is satisfied that the requirements of Section 26 (a) have 
been met, he shall grant the patent. 
 (2) The Registrar shall as soon as practi cable after a patent has been granted - 
(a) record the patent in the Register of patents; and 
(b) issue to the applicant a certificate of the grant of  the patent and a copy of 
the patent; and 
(c) publish a reference to th e grant of the patent in  a journal approved by the 
Minister by notice in the National Gazette. IP/N/1/PNG/I/1 
Page 18  
 
 28. CHANGE IN PATENT. 
(1) Subject to Subsection (2), the Registra r shall, upon the written request of the 
owner of a patent, make changes in the text or  drawings of the patent in order to limit the 
protection conferred by the patent. 
 (2)  A change under Subsection (1) must not  result in the disclosure contained in 
the patent extending beyond the disclosure containe d in the initial applic ation on the basis of 
which the patent was granted, and the onus shall be  on the owner of the pa tent to ensure that 
the requested change does not  contravene this subsection. 
Division 4. – Rights Conferred by  Patent and Duration of Patent. 
29. RIGHTS CONFERRED BY A PATENT. 
(1) The exploitation in Papua New Guin ea of a patented invention by persons 
other than the owner of the patent is not pe rmitted without the consen t of the owner of the 
patent. 
 (2) The owner of a patent shall, in additi on to any other rights, remedies or actions 
available to him have the ri ght, subject to  Subsection (4) and Se ction 32, to institute 
proceedings in the Court against any person who – 
(a) infringes the patent by performing, w ithout the agreement of the owner, 
any of the acts which amount to exploi tation of a patented invention; or 
(b) performs an act which makes it likel y that the patent will be infringed. 
 (3) Where the Court finds that a patent ha s been infringed, or is likely to be 
infringed, it may on the applicati on of the owner of the patent or  any other interested person, 
and in respect of any person – 
(a) grant an injunction, subject to such te rms, if any, as the Court thinks fit; 
or 
(b) make an order for the inspection of  any thing in or on any vehicle, 
vessel, aircraft, building or premises, and may impose such terms and give such directions, if any, in re lation to the inspection, as the Court 
thinks fit; or 
(c) award damages; or 
(d) order an account of profits. 
 (4) The rights of an owner of a patent shall not extend to - 
(a) acts in respect of articles which ha ve been put on the market in Papua 
New Guinea by the owner of the patent or with his consent; or 
(b) the use of articles on, or in the construction or opera tion of, aircraft, 
land, vehicles or vessels of othe r countries which temporarily or 
accidentally enter the air space, te rritory or waters of Papua New 
Guinea; or 
(c) acts done only for experimental purposes relating to a patented 
invention; or  IP/N/1/PNG/I/1 
 Page 19 
 
 
 (d) acts performed by any person who in good faith, before the filing of an 
application under Section 19 or, where priority is claimed, the priority 
date of the application on which the patent is granted, was exploiting the 
invention or was making effective a nd serious preparations for such 
exploitation in Papua New Guinea; or 
(e) acts performed by any person who pr oves that, at the date of any 
infringement of a patent, he wa s not aware, and had no reasonable 
grounds to believe, that a pate nt for the invention existed. 
 (5) The right of prior user referred to in Subsection (4) (d) may be transferred or 
devolved only together with the enterprise or busi ness, or with that part  of the enterprise or 
business, in which the exploitation or preparatio ns for exploitation of th e invention have been 
made. 
30. ONUS OF PROOF IN ACTION FO R INFRINGEMENT OF PATENT. 
(1) In an action under Section 29 for the infringement of a patent, where the 
subject matter of the patent is a process for obt aining a product, the onus of establishing that a 
product was not made by the proc ess shall be on the alleged in fringer where the Court is 
satisfied that – 
(a) a substantial likelihood exists that the product was made by the process; 
and  
(b) the owner of the patent has been unable through reasonable efforts to 
determine the process actually used. 
 (2) In proceedings referred to in Subsection (1), the Court shall – 
(a) take into account the legitimate inte rests of the alleged infringer in not 
disclosing his manufacturing and business secrets; and 
(b) may make such orders and give such di rections as it thinks fit in order to 
give effect to Paragraph (a). 
31. DURATION OF PATENT AND ANNUAL FEES. 
(1) Subject to this section, a patent shall expire 20 years after the filing date of the 
application for the patent. 
 (2) In order to maintain a patent or a patent application, an annual fee as 
prescribed shall be paid in advance to the Re gistrar for each year, co mmencing one year after 
the filing date of the application for the grant of patent. 
 (3) The annual fee referred to in Subsection (1) may be paid up until six months 
after the date on which it became due provided that an additional fee as prescribed is also paid. 
 
(4) Where the annual fee is not paid in accordance with the provisions of this 
section - 
(a) the patent shall lapse; or 
(b) the application for patent is deemed to have been withdrawn. 
 IP/N/1/PNG/I/1 
Page 20  
 
 Division 5. - Exploitation of Invention by Government or Person 
Authorised by Government. 
32. EXPLOITATION BY GOVERNMEN T OR PERSON AUTHORISED BY 
GOVERNMENT. 
(1) Where - 
(a) the public interest, in particular, na tional security, nutri tion, health or 
the development of other sectors of  the national economy so requires; 
or 
(b) the Minister has determined that the manner of exploitation of a 
patented invention by the owner or his licensee is anti-competitive, and 
he is satisfied that the exploita tion of a patented  invention in 
accordance with this Division w ould remedy such practice,  
the Minister may at the request of a Government agency or ot her person authorise, by notice 
in the National Gazette, the exploitation of the patented invention by the requesting agency or 
person predominantly for the supply of the mark et in Papua New Guinea, even without the 
agreement of the owner of the patent.  
(2) The Minister may impose such terms and conditions on an authorisation under 
section
* (1) as he thinks fit. 
 (3) Subject to Subsection (5 ), prior to granting an au thorisation under Subsection 
(1), the Minister must be satisfied that th e owner of the patent has received from the 
Government agency or person requesting the authorisation, a reques t for a contractual 
licence, but that that Government agency or person has been unable to  obtain such a licence 
on reasonable commercial terms and condi tions and within a reasonable time. 
  (4) Subject to Subsection (5), the Minister  shall not authorise the exploitation of 
the patented invention under S ubsection (1) until he has given the owner of the patent and 
any other person known to the Minist er to be an interested pers on, an opportunity to be heard, 
and where they wish to be heard, has heard them. 
  (5) Subsections (3) and (4) do not apply in cases of national emergency under Part 
X of the Constitution  or in other circumstances of extr eme emergency, but in such cases the 
owner of the patent shall be not ified of the decision of the Mini ster as soon as is reasonably 
practicable. 
  (6) The exploitation of a patented inven tion which is authorised by the Minister 
under Subsection (1) shall - 
(a) be limited to the purpose for which th e Minister authorised its use; and 
(b) be subject to payment to the ow ner of the patent of adequate 
remuneration as determin ed by the Minister; and 
(c) shall not exclude - 
(i) the conclusion of licensing contracts by the owner of the patent; 
and 
                                                      
* The final draft of the Act has “Section”, how ever, the word “subs ection” was intended.  IP/N/1/PNG/I/1 
 Page 21 
 
 
 (ii) the continued exercise, by the ow ner of the patent, of his rights 
under Section 29 (1). 
 
(7) In determining the amount of comp ensation referred to in Subsection (6) ( b), 
the Minister shall take into account - 
(a) the economic value of his deci sion under Subsection (1); and 
(b) where the decision has been  taken under Subsection (1) ( b), the need to 
remedy the anti-competitive practices. 
33. VARIATION OF TERMS OF DECISION AUTHORISING EXPLOITATION 
OF A PATENTED INVENTION. 
(1) The Minister may, on the written request of - 
(a) the owner of the patent; or 
(b) the authorised Government agency or person; or  
(c) any other interested person, 
(iii) in relation to a patented invention which is the subject of a decision by the 
Minister under Section 32 (1), vary an y terms or conditions of the decision 
authorising the exploitation. 
 (2) Before varying any terms or conditions of  an authorisation the Minister shall hear 
such of the parties referred to in Subsection (1) as wish to be heard. 
34. TERMINATION OF AUTHORISATION. 
(1) Subject to this section, the Minister  may, on the written request of the owner 
of the patent or any other interested  party, where he is satisfied that - 
(a) the circumstances which led to hi s authorisation unde r Section 32 (1) 
have ceased to exist and are unlikely to recur; or 
(b) that the Government agency or pe rson authorised by him has failed to 
comply with the terms of his au thorisation under Section 32 (1), 
terminate his authorisation.   
(2) The Minister shall not terminate an aut horisation where he is satisfied that the 
need for adequate protection of the legitimate interests of the Government agency or person 
authorised by him under Section 32 (1) just ify the maintenance of  his authorisation. 
  
 (3) Before terminating an authorisation th e Minister shall hear such of the parties 
referred to in Section 32 (1 ) as wish to be heard. 
35. TRANSFER OF AUTHORISATION. 
In the case of a person authorised by th e Minister under Se ction 32 (1), the 
authorisation may only be transfer red with the enterprise or busin ess of that person, or with 
that part of the enterprise or  business of that person within which the patented invention is 
being exploited. 
36. APPEAL. 
An interested party may appeal to the Cour t against a decision of  the Minister made 
under this Division. IP/N/1/PNG/I/1 
Page 22  
 
 Division 6. – Invalidation of Patent. 
37. INVALIDATION OF PATENT. 
(1) An interested person may request  the Court to invalidate a patent. 
 (2) Where the person making a request  under Subsection (1) proves to the 
satisfaction of the Court that - 
(a) the purported invention does not confor m to the definition of “invention” 
in Section 2; or 
(b) the purported invention does not confor m to the requirements of Sections 
12, 13, 14 and 15; or 
(c) the owner of the patent is not the inventor or his successor in title, 
(iv) the Court shall invalidate the patent and make such other orders as it thinks 
fit. 
 
(3) A patent invalidated under Subsection (2),  or a claim or part of a claim arising 
from a patent shall be regarded as null and vo id from the date of the grant of the patent. 
 (4) The person who made the request under Subsection (1) shall immediately 
notify the Registrar in writing of a decision of the Court to  invalidate a patent, and the 
Registrar shall – 
(a) record it and make any necessary ame ndments to the Register of patents; 
or 
(b) as soon as practicable, p ublish the decision in the – 
(i) National Gazette; and 
(ii) the next issue of the journal referred to in Section 27 (2) (c). 
 (5) The Registrar may require from the person who made the request any evidence 
of the decision of the Court under Su bsection (2) that he thinks fit. 
PART IV. - INDUSTRIAL DESIGNS. 
Division 1. – General. 
38. REGISTRABLE INDUSTRIAL DESIGNS. 
(1) Subject to Subsection (2),  an industrial design is registrable if it is new or 
original. 
 (2) An industrial design that – 
(a) is contrary to public order or morality; or 
(b) which serves solely to obtain a technical result and leaves no freedom as 
regards arbitrary features of appearance, 
is not registrable.  IP/N/1/PNG/I/1 
 Page 23 
 
 
 39. NEW OR ORIGINAL INDUSTRIAL DESIGN. 
(1) An industrial design is new or origin al if it has not been  disclosed to the 
public, anywhere in the world - 
(a) by publication in tangible form; or 
(b) by use; or 
(c) in any other way, 
prior to the filing date, or, where applicable, the priority date of the application for registration. 
 (2) For the purposes of Subsection (1), di sclosure to the public of an industrial 
design shall not be taken in to consideration where - 
(a) it occurred within 12 months preceding the filing date or, where 
applicable, the priority date of the application; or 
(b) it was by reason of, or in consequence of, acts committed by the 
applicant or his predecessor in title,  or of an abuse committed by a third 
party without regard to the appli cant or his prede cessor in title. 
40. RIGHT TO REGISTRATION OF AN INDUSTRIAL DESIGN. 
(1) The right to the registration of an industrial design belongs to the creator. 
 (2) Where two or more persons have join tly created an industr ial design, the right 
to registration of that industrial design shall belong to them jointly. 
 (3) Where, and to the extent to which, tw o or more persons have created the same 
industrial design independently of each othe r, the person whose application for the 
registration of that industrial design has - 
(a) the earliest filing date; or 
(b) if priority is claimed, the earliest validly claimed priority date, 
shall have the right to registration as long as  the applicati on is not withdrawn, abandoned or 
rejected. 
 (4) Where an industrial design is created in execution of an employment contract, 
the right to the registration sh all belong, in the absence of contractual provisions to the 
contrary, to the employer. 
41. CREATOR TO BE NAMED IN REGISTRATION. 
(1) The creator shall be named in a regist ered industrial design unless, in a written 
declaration signed by him and addressed to the Regist rar, he indicates that he wishes not to be 
named.  
 (2) A promise or undertaking made by a creator  to any person to the effect that he 
will give a notice of the kind referred to in Subsection (1) is void and of no legal effect. IP/N/1/PNG/I/1 
Page 24  
 
 42. ASSIGNMENT, ETC OF RIGHT TO REGISTER INDUSTRIAL DESIGN. 
The right to the registration of an industrial design may be - 
(a) assigned in writing; or 
(b) transferred by succession. 
Division 2. - Application of Regist ration of an Industrial Design. 
43. APPLICATION TO REGISTER INDUSTRIAL DESIGN. 
(1) An application for registration of an industrial design shall be filed with the 
Registrar. 
 (2) An application under Subsection (1) - 
(a) shall contain - 
(i) a request in the prescribed form; and 
(ii) drawings, photographs or other ad equate graphic representations of 
the article embodying the industrial design; and 
(iii) an indication of the kind of pr oducts for which the industrial 
design is to be used; and 
(b) shall be accompanied by the prescribed fee. 
 
(3)  Where the applicant is not the crea tor the request shall be accompanied by a 
statement justifying the right of the applicant to the registration of the industrial design. 
 (4) The Registrar may, at any time prior to the registration of an  industrial design, 
request in writing that  an applicant provide a specimen of  the article embodying the industrial 
design where the industrial design is two dimensional. 
 (5) Where an application is not accompanie d by the prescribed fee the Registrar 
may refuse to receive it or accept it for filing an d the application shall be  treated as if it had 
not been filed. 
  (6) Two or more industrial designs may be  the subject of the same application, 
provided they relate to the same class of the in ternational classification or to the same set or 
composition of articles. 
44. WITHDRAWAL OF APPLICATION FOR INDUSTRIAL DESIGN. 
(1) An applicant may, at any time before the registration of an industrial design, 
withdraw the application by filing with the Regi strar a notice in writing signed personally by 
the applicant. 
 (2) A notice filed under Subs ection (1) is irrevocable.  IP/N/1/PNG/I/1 
 Page 25 
 
 
 45. RIGHT OF PRIORITY FOR INDUSTRIAL DESIGNS. 
(1) An application under Section 43 (1) ma y contain a declaration claiming a right 
of priority, as provided for in the Paris Conven tion, of one or more earlier national, regional 
or international applications filed by the applicant or his predecessor in title in or for any State which is a party to the Paris Convention or a member of the Wo rld Trade Organisation. 
 (2) Where an application contains a declaration under Subsection (1), the 
Registrar may request the applicant to furnish, within a time limit specified by the Registrar and in a manner directed by the Registrar, a copy of the earlier application certified as a true 
and correct copy by the authority or body with which it was filed. 
 (3) The effect of a declaration under Subs ection (1) shall be as provided in the 
Paris Convention. 
 (4) Where the Registrar finds that the requi rements of this section and any matters 
prescribed in relation to this section have not been fulfilled, the declaration is considered not to have been made.  
46. FILING DATE FOR INDUSTRIAL DESIGNS. 
(1) Subject to Section 43 (5), where an application under S ection 43 contains - 
(a) indications allowing the id entity of the applicant to be established; and 
(b) the drawings, photographs or other ad equate graphic representations of 
the article embodying the industrial de sign as required under Section 43 
(2) (a) (ii),  
the Registrar shall record as the filing da te the date of receip t of the application. 
 
(2) Where the Registrar finds that an a pplication under Section 43 did not, at the 
time of its receipt by him, contain the matters  referred to in Subsect ion (1), he shall - 
(a) invite the applicant to file a co rrection within a time limit specified by 
the Registrar and in a manner directed by the Registrar; and 
(b) where the required correction is made in accordance with Paragraph (a), 
record as the filing date the date of receipt by the Registrar of the 
required correction; and 
(c) where the required correction is not  made in accordance with Paragraph 
(a), treat the application as if it had not been filed. 
47. EXAMINATION OF INDUSTRIAL DESIGN. 
After recording a fili ng date under Section 46 for an application under Section 43 the 
Registrar - 
(a) shall examine whether the a pplication complies with –  
(i) the requirements of Section 43 (2) and (3) and any Regulations 
pertaining thereto; and 
(ii) Section 38 (2) (a); and IP/N/1/PNG/I/1 
Page 26  
 
 (b) where he is of the opinion that the application does not comply with the 
requirements of Paragraph (a) he may invite the applicant to file, within 
a time limit specified by the Registrar and in a manner directed by the Registrar, – 
 (i) a correction or amendment; or 
(ii) a submission as to whether the application complies with the 
requirements of Paragraph (a); or 
(iii) both (i) and (ii), 
and where, after the expiration of the time limit specified by the Registrar, whether or not the applican t has responded to the invitation of 
the Registrar under this paragraph, th e Registrar is still of the opinion 
that the application does not comply with the requirements of Paragraph 
(a) the Registrar shall refuse the application and notify the applicant in 
writing of his decision. 
Division 3. - Registration of Industrial Designs. 
48. REGISTRATION OF INDUSTRIAL DESIGN. 
(1) Where the Registrar is satisfied that the requirements of Section 47 (a) have 
been met, he shall register the industrial design. 
 (2) The Registrar shall as soon as practi cable after an industrial design has been 
registered - 
(a) record the industrial design in the Re gister of industrial designs; and 
(b) issue to the applicant a certificate of registration of the industrial design; 
and 
(c) publish a reference to the registration of  the industrial design in a journal 
approved by the Minister by no tice in the National Gazette. 
Division 4. – Rights Conf erred by Registration of Industrial Designs 
and Duration of Registration. 
49. RIGHTS CONFERRED BY REGISTRA TION OF INDUSTRIAL DESIGN. 
(1) The exploitation in Papua New Guinea of  a registered industrial design by a 
person other than the registered owner of th e industrial design is not permitted without the 
consent of the registered owner of the industrial design. 
 (2) The registered owner of an industrial design shall, in addition to any other 
rights, remedies or actions available to him ha ve the right, subject to Subsection (4), to 
institute proceedings in the Court against any person who – 
(a) infringes the registered industria l design by performing, without the 
agreement of the owner, any of the acts which amount to exploitation of a registered industrial design; or 
(b) performs an act which makes it like ly that the registered industrial 
design will be infringed. 
  IP/N/1/PNG/I/1 
 Page 27 
 
 
 (3) Where the Court finds that a registered  industrial design has been infringed, or 
is likely to be infringed, it may on th e application of the owner of the patent* or any other 
interested person, and in respect of any person – 
(a) grant an injunction, subject to such te rms, if any, as the Court thinks fit; 
or 
(b) make an order for the inspection of  any thing in or on any vehicle, 
vessel, aircraft, building or premises, and may impose such terms and give such directions, if any, in re lation to the inspection, as the Court 
thinks fit; or 
(c) award damages; or 
(d) order an account of profits. 
 (4) The rights of an owner of a register ed industrial design sh all not extend to - 
(a) acts in respect of articles which ha ve been put on the market in Papua 
New Guinea by the owner of the register ed industrial design or with his 
consent; or 
(b) acts performed by any person who in good faith, before the filing of an 
application under Section 43 was expl oiting the industrial design or was 
making effective and serious preparati ons for such exploitation in Papua 
New Guinea; or 
(c) acts performed by any person who pr oves that, at the date of any 
infringement of a registered industr ial design, was not aware, and had no 
reasonable grounds to believe, that th e industrial design was registered. 
 (5) The right of prior user referred to in Subsection (4) (b) may be transferred or 
devolved only together with the enterprise or busi ness, or with that part  of the enterprise or 
business, in which the exploitatio n or preparation for exploitati on of the registered industrial 
design have been made. 
50. DURATION AND RENEWAL OF RE GISTRATION OF INDUSTRIAL 
DESIGN. 
(1) Subject to this section, the registration of  an industrial design shall expire five 
years after the filing date of th e application for registration.  
 (2) The registration of an industrial design may be renewed for two further 
consecutive periods of five year s by filing with the Registrar - 
(a) a request for renewal in the prescribed form; and  
(b) the prescribed renewal fee.  
 (3) The renewal fee referred to in Subsection (1) may be paid up until six months 
after the date on which it became due provided that an additional fee as prescribed is also 
paid. 
 (4) Where a registered industrial de sign is not renewed in accordance with 
Subsection (2) the registration of the industrial design shall lapse. 
                                                      
* The final draft of the Act has “patent”, however the word  “industrial design” was intended. IP/N/1/PNG/I/1 
Page 28  
 
 Division 5. – Invalidation of Industrial Design. 
51. INVALIDATION OF INDUSTRIAL DESIGN. 
(1) An interested person may request the C ourt to invalidate the registration of an 
industrial design. 
 (2) Where the person making a request  under Subsection (1) proves to the 
satisfaction of the Court that - 
(a) the purported invention does not conf orm to the definition of “industrial 
design” in Section 2; or 
(b) the purported industrial design does not  conform to the requirements of 
Sections 38 and 39; or 
(c) the registered owner of the industr ial design is not the creator or his 
successor in title, 
(v) the Court shall invalidate the registration of the industrial design and make 
such other orders as it thinks fit. 
(3) The registration of an industrial desi gn invalidated under Su bsection (2), or a 
claim or part of a claim arisi ng from the registration of the in dustrial design shall be regarded 
as null and void from the date of th e registration of the industrial design. 
 (4) The person who made the request under Subsection (1) shall immediately 
notify the Registrar in writing of a decision of th e Court to invalidate the registration of the 
industrial design, and th e Registrar shall – 
(a) record it and make any necessary amendments to the Register of 
industrial designs; and 
(b) as soon as practicable, p ublish the decision in the – 
(i) National Gazette; and 
(ii) the next issue of the journal referred to in Section 48 (2) (c). 
 (5) The Registrar may require from the person who made the request any evidence 
of the decision of the Court under Subs ection (2) that he thinks fit.  
PART V. – MISCELLANEOUS. 
Division 1. – Notification to the Re gistrar of Changes in Patent or 
Industrial Design. 
52. CHANGES IN OWNERSHIP. 
(1) Where there is a change in the ownership of – 
(a) a patent; or 
(b) a registered industrial design; or 
(c) an application for the grant of a pate nt or the registrati on of an industrial 
design, 
the new owner shall file with the Registrar, within one month of the change, a notice in the prescribed 
form. 
  IP/N/1/PNG/I/1 
 Page 29 
 
 
 (2) Upon receiving a notice under Subsection (1), and on proof to the satisfaction 
of the Registrar of the title of th e new owner, the Registrar shall – 
(a) record the change by making any a lteration, amendment or addition to 
any document filed with him that he thinks fit; and 
(b) where a patent has been granted u nder Section 27 (1) or an industrial 
design has been registered under Section 48 (1), -  (i) make any necessary changes in the – 
(a) Register of patents; or 
(b) Register of industrial designs; and 
(ii) publish notification of the change  in the journal referred to in 
Section 27 (2) (c) or Section 48 (2) (c), whichever is applicable. 
 
(3) A change of ownership referred to in Subsection (1) sh all have no effect 
against third parties without knowledge of the change, until th e Registrar has recorded the 
change and made any changes in accordance with Subsection (2) (a) and (b) (i). 
53. LICENSING OF PATENT OR INDUSTRIAL DESIGN. 
(1) Where a person becomes entitled as licensee to an interest in a patent or a 
registered industrial design he shall within one month of beco ming so entitled, file with the 
Registrar, a notice in the prescribed form. 
 (2)  Upon receiving a notice under Subsection (1), and on proof to the satisfaction 
of the Registrar of the title of the licensee, the Registrar shall – 
(a) record the change by making any a lteration, amendment or addition to 
any document filed with him that he thinks fit; and 
(b) where a patent has been granted u nder Section 27 (1) or an industrial 
design has been registered under Section 48 (1) - (i) make any necessary changes in the – 
(A) Register of patents; or (B) Register of industrial designs; and  
(ii) publish notification of the change  in the journal referred to in 
Section 27 (2) (c) or Section 48 (2) (c), whichever is applicable. 
 (3) A licensing agreement referred to in S ubsection (1) shall have no effect against 
third parties without knowledge of the licence , until the Registrar has recorded the change 
and made any changes in accordance with Subsection (2) (a) and (b) (i). 
Division 2. – Agents. 
54. AGENTS. 
(1) Where an applicant's ordinary reside nce and principal place of business are 
outside Papua New Guinea, an applicant under this Act shall be represented by a person 
ordinarily resident in Papua New Guinea. 
 
(2) An agent is deemed to be - 
(a) authorised to accept service in the c ountry of documents on behalf of the 
applicant; and IP/N/1/PNG/I/1 
Page 30  
 
 (b) responsible for filing with, or provi ding to, the Registrar any documents 
required by this Act to be filed or provided in respect of – (i) the applicant; or 
(ii) an application filed in respect to the applicant; or 
(iii) a patent granted to the applicant or an industrial design registered 
to the applicant. 
Division 3. – Jurisdiction of Court and Appeals. 
55. JURISDICTION OF NATIONAL COURT. 
The National Court has jurisdiction with re spect to matter arising under this Act. 
56. APPEALS. 
(1) A person who is aggrieved by an act or decisi on of the Registrar under this Act may appeal to 
the Court within one month after the date of notifica tion of the act or decision, or within such further 
time as the Court may allow. 
(2) Notice of an appeal under this Act to the Cour t from a decision of the Registrar shall, as soon 
as practicable, be given to the Registrar. 
(3) The Registrar is entitled to appear and be heard upon the hearing of an appeal and 
shall appear where so directed by the Court. 
 
(4) On hearing an appeal, the Court may approve th e Registrar's act or decision or may give such 
directions or make such determination in the matter as the Court thinks fit.  
(5) In this Division, Registrar includes any Deputy Registrar appointed under Section 4 
(1) (b). 
57. EXERCISE OF POWERS NO T AFFECTED BY APPEAL. 
Notwithstanding any other provis ion of any Act or any rule  of law, where a person 
appeals or applies to the Cour t in relation to an act or d ecision of the Registrar, until a 
decision on the appeal or application is given - 
(a) the Registrar may continue to exerci se the powers under this Act as if no 
such appeal or application had been made; and 
(b) no person is excused from fulfilling an obligation under this Act by 
reason of that appeal  or application. 
Division 4. – Court Proceedings and Offences. 
58. INTERVENTION BY REGISTRAR IN INFRINGEMENT ACTION. 
In any action or proceeding in the Court for the infringement of a patent or a 
registered industrial design, th e Court may grant to the Regi strar leave to intervene. 
59. FALSE REPRESENTATIONS ABOU T PATENTS AND INDUSTRIAL 
DESIGNS. 
(1) A person shall not falsely represent that he or another person is the owner or 
licensee of a patent or industrial design.  IP/N/1/PNG/I/1 
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(2) A person shall not falsely represent that an article or good sold by him – 
(a) is patented in Papua New Guinea, or is the subject of an application for a 
patent in Papua New Guinea; or 
(b) bears or embodies an industria l design which is registered. 
 
(3) Without limiting Subsection 2 (a) - 
(a) a person is taken to represent that an article is patented in Papua New 
Guinea where the word “patent” or “patented”, the words “provisional patent”, or any other word or words implying that a patent for the article 
or good has been obtained in Papua New Guinea, are stamped, engraved 
or impressed on, or otherwise appl ied to, the article or good; and 
(b) a person is to be taken to represent that an article or good is the subject 
of an application for a patent in  Papua New Guinea where the words 
“patent applied for” or “patent pend ing”, or any other word or words 
implying that an application for a pate nt for the article or good has been 
made in Papua New Guinea, are stam ped, engraved or impressed on, or 
otherwise applied to, the article or good. 
 (4) Without limiting Subsection 2 (b), a person is deemed to represent that an 
article or good bears or embodies an industria l design which is registered, where there are 
stamped, engraved, or impressed on or otherw ise applied to the article or good the word 
“registered” or the words “desi gn registered”, or any word or  words expressing or implying 
that the design applied to the article has been registered. 
 (5) A person who contravenes a provision of this section is guilty of an offence. 
 
Penalty: A fine not exceeding K10,000.00. Default Penalty: A fine not exceeding K1,000.00. 
60. DISOBEDIENCE TO SUMMONS. 
(1) A person who has been summonsed to a ppear as a witness before the Registrar 
under Section 6 (1) (a) shall not, without lawful excuse, fail to appear in answer to the 
summons. 
 (2) A person who has been required by  the Registrar under Section 6 (1) (c) to 
produce a document or article sh all not, without lawful  excuse, fail to produce the document 
or article. 
 (3) A person who appears before the Regi strar as a witness shall not, without 
lawful excuse, refuse to be sworn or to make  an affirmation, or to produce documents or 
articles, or to answer ques tions, that he is lawfully required to produce or answer. 
 (4) A person who contravenes a provision of this section is guilty of an offence. 
 
Penalty: A fine not exceeding K10,000.00. Default Penalty: A fine not exceeding K1,000.00. IP/N/1/PNG/I/1 
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 61. GENERAL PENALTY. 
(1) A person who - 
(a) does an act or thing that the pers on is prohibited to do by or under a 
provision of this Act; or 
(b) does not do an act or thing that the pe rson is required or directed to do by 
or under a provision of this Act; or 
(c) otherwise contravenes a provision of this Act; 
is guilty of an offence by virtue of this subsect ion, unless that or anot her provision of this Act 
provides that the person - 
(d) is guilty of an offence; or  
(e) is not guilty of an offence. 
 (2) A person who is guilty of an offence against this Act, whether by virtue of 
Subsection (1) or otherwise, is punishable, on conviction, by a penalty not exceeding the 
penalty applicable to the offence. 
 (3) Where a provision of this Act (other than  this section) provid es that the penalty 
applicable to a contravention of a particular  provision of this Act is a specified penalty, 
pecuniary or otherwise, the penalty applicable to an offence constituted by a contravention of the particular provision is the specified penalty. 
 (4) Except as provided in Subsection (3) or in a provision of this Act (other than 
this section), a person who commits an offence is liable on conviction to a fine not exceeding 
K5,000.00. 
62. PROSECUTIONS. 
(1) The Registrar or a person with the written consent of the Registrar may 
prosecute any offence against this Act. 
 (2)  In any action or proceeding brought under this Act by the Registrar or against 
the Registrar the Court may award costs agai nst any party or claimant other than the 
Registrar, which costs the Registrar may r ecover as a debt due to the Registrar. 
 (3) Any fine or penalty or any default fine  or penalty to be paid by a person as a 
result of an action brought by the Registrar, or an the behalf of the Registrar, shall be paid to 
the Registrar and, in addition to any other re medy, may be recovered by the Registrar as a 
debt due to the Registrar. 
PART VI. – REGULATIONS AND FEES. 
63. REGULATIONS. 
The Head of State, acting on advice, may fr om time to time, make Regulations for all 
or any of the following purposes: - 
(a) prescribing forms for the purposes of  this Act, and those Regulations 
may require - (i) the inclusion in, or attachment to, forms of specified information 
or documents; and   IP/N/1/PNG/I/1 
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 (ii) forms to be signed by specified persons; 
(b) prescribing requirements, not inconsistent with this Act, with which 
documents submitted for registration shall comply; 
(c) prescribing the methods by which copi es of documents may be certified 
for the purposes of this Act; 
(d) requiring persons to furnish to the Re gistrar documents in relation to an 
application under this Act; 
(e) prescribing matters necessary or c onvenient to be prescribed for the 
conduct of any business relating to the office and administration of the Registrar
*; 
(f) for the purpose of carrying out or gi ving effect to any international treaty 
to which Papua New Guinea is a party, which relates, whether directly or indirectly, to patents or industrial designs; 
(g) prescribing penalties for offen ces against, or breaches of the 
Regulations; 
(h) making such transitional or savi ng provisions as are necessary or 
convenient; and 
(i) providing for such other matters as are necessary or convenient to be 
prescribed for carrying out or giving effect to the provisions of this Act 
and for its due administration. 
64. FEES. 
(1)  The Regulations made under this Act may prescribe - 
(a) fees or other amounts payable to the Registrar in respect of the 
performance of functions and the ex ercise of powers under this Act; and 
(b) additional fees or amounts payable to  the Registrar for failure to submit a 
document to the Registrar within th e time prescribed by this Act; and 
(c) fees or other amounts payable to th e Registrar in respect of any other 
matter under this Act. 
 (2) Unless the contrary intention appears in this Act, the Registrar may refuse to 
register a document, perform a function, or ex ercise a power until the prescribed fee or 
amount is paid. 
 (3) A Regulation made under this Act may authorise the Registrar to waive, in 
whole or in part and on such te rms and conditions as may be pres cribed by the Regulations or 
the Registrar, payment of any fee or amount` referred to in Subsection (1) by any person or 
class of person. 
 (4) A fee or amount payable to the Registra r is recoverable by the Registrar in any 
court of competent jurisdiction as  a debt due to the Registrar. 
 
    
                                                      
* The word “Registrar” appears in the final draft however the word “Register” was intended. IP/N/1/PNG/I/1 
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 I hereby certify that the above  is a fair print of the Patents and Industrial Designs Act 2000 
which has been made by the National Parliament . 
 
 
          
 Acting Clerk of the National Parliament. 
 
  
I hereby certify that the Patents and Industrial Designs Act 2000  was made by the National 
Parliament on 19 July 2000 by an absolu te majority in accordance with the Constitution . 
   
Acting Speaker of the National Parliament 
 
__________