WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/TON/I/1 
8 June 2009 
 (09-2726) 
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 
 
TONGA 
  The present document reproduces the text
1 of the Industrial Property Act 1994 (No. 19 of 
1994), as notified by the Kingdom of Tonga on 21 Ap ril 2009 under Article 63.2 of the Agreement 
(see document IP/N/1/TON/1). __________________________________________________________________________________ 
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 
 
TONGA 
  Le présent document contient le texte
1 de la Loi de 1994 sur la propriété industrielle 
(Loi n° 19 de 1994), notifié par le Royaume des To nga le 21 avril 2009 au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/TON/1). 
__________________________________________________________________________________ 
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 
 
TONGA 
 
 En el presente documento se reproduce el texto1 de la Ley de Propiedad Industrial de 1994 
(Nº 19 de 1994), notificada por el Reino de Tonga  el 21 de abril de 2009 de conformidad con el 
párrafo 2 del artículo 63 del Acuer do (véase el documento IP/N/1/TON/1). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/TON/I/1 
Page 2  
 
   
INDUSTRIAL PROPERTY ACT 1994 
 
No. 19 of 1994 
 
 
Arrangement of Sections 
 
Section 
 
 
PART I – PRELIMINARY 4  
1  Short title and Commencement........................................................................ 4 
2  Interpretation.................................................................................................... 4  
PART II - PATENTS  5 
 3  Inventions......................................................................................................... 5 4  Matters excluded from patent protection. ........................................................ 5 5  Patentable Inventions....................................................................................... 6 
6  Right to patent; naming of inventor. ................................................................ 6 
7  Applications. .................................................................................................... 7 8  Duty of invention; amendment and division of application........................... 8 
9  Right of priority under the Paris Convention................................................. 8 10  Information concerning corresponding foreign applications for patents  
or other titles of protection............................................................................. 8 
11  Filing Date; Examination............................................................................... 9 
12  Grant of patent. .............................................................................................. 9 13  Rights conferred by patent; expl oitation by Government or person 
thereby authorized.......................................................................................... 10 
14  Duration annual fees. ................ ............................ ............................ ............. 11 
15  Non-voluntary licences. .................. ............................ ........................ ........... 11 
16  Invalidation. ................................................................................................... 12  
PART III - UTILITY MODEL CERTIFICATES  12 
 
17  Applicability of provisions pertaining to patents........................................... 12 
18  Special provisions pertaining to utility model certificates. ............................ 12 
19  Conversion of applications of pate nt or utility model certificates. ................ 13 
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  PART IV - INDUSTRIAL DESIGNS  13 
 
20  Registrable industrial designs......................................................................... 13 
21  Right to registration of industrial designs; naming of creator........................ 13 22  Application..................................................................................................... 14 23  Examination; registration of industrial design. .............................................. 15 24  Rights conferred by registration; duration and renewal. ................................ 15 
25  Invalidation. ................................................................................................... 16 
 
PART V - MARKS, COLL ECTIVE MARKS AND  
TRADE NAMES  16 
 
26  Acquisition of the exclusive right to a mark; registrability............................ 16 27  Application for registration ............................................................................ 17 
28  Examination; opposition; registration of mark............................................... 17 29  Rights conferred by registration;  duration; renewal....................................... 18 
30  Invalidation; and removal on gro unds of non-use.......................................... 18 
31  Collective mark. ............................................................................................. 19 
32  Licensing of marks and collective marks. ...................................................... 19 
33  Trade names. .................................................................................................. 20  
PART VI - ACTS OF UNFAIR COMPETITION  20 
 
34  Acts of unfair competition.............................................................................. 20 
 
PART VII - GENERAL PROVISIONS  20 
 
35  Representation by agent. ........... ............................ ............................ ............. 20 
36  Changes in ownership; licence contracts........................................................ 20 
37  Registrar. ........................................................................................................ 23 
38  Functions of the Registrar. ............................................................................. 23 39  Registers, Gazette........................................................................................... 23 40  Correction or errors, extension of time. ......................................................... 23 41  Exercise of discretionary power. .................................................................... 24 
42  Competence of court. ..................................................................................... 24 
43  Infringement, unlawful acts, o ffences. ......................... ...................... ............ 24 
44  Regulations..................................................................................................... 24 45  Administrative instructions. ........................................................................... 25 46  Repeal of CAP 120. Savings and transitional provisions............................... 25 
 IP/N/1/TON/I/1 
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  INDUSTRIAL PROPERTY ACT 1994 
 
No. 19 of 1994 
 
AN ACT TO PROVIDE FOR THE REGISTRATION AND 
PROTECTION OF PATENTS, UT ILITY MODEL CERTIFICATES, 
INDUSTRIAL DESIGNS AND TRADE MARKS 
 
I assent, 
TUPOUTO'A 
[9th March, 1995.] 
 
[9th November, 1994] 
 
 
BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the 
Kingdom as follows:   
PART I – PRELIMINARY 
 1  Short title and Commencement.  
This Act may be cited as the Industrial Propert y Act 1994, and shall come into operation on a 
date to be fixed by His Majesty in Council. 
 
2  Interpretation. 
 
In this Act, unless the context otherwise requires, —  
“agent ” means a law practitioner resident or having a place of business in Tonga 
representing the applicant; 
 
“collective mark ” means any visible sign designated as such in the application for 
registration and capable of distinguis hing the origin or any other common 
characteristic, including the quality, of goods or service of different enterprises which use the sign under the control of the re gistered owner of the collective mark; 
 “court ” means the Supreme Court of Tonga; 
 
“industrial design ” means any composition of lines or colours or any three-
dimensional form, whether or not associated with lines or colours, where such composition or form gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft but does not include 
anything in an industrial design which serves solely to obtain a technical result; 
 
“International Classification ” means the classification according to the Nice 
Agreement;   “invention ” means an idea of an inventor whic h permits in practice the solution of a 
specific problem in the field of technology;  IP/N/1/TON/I/1 
 Page 5 
 
 
  “marks ” means any visible sign capable of distinguishing the goods or services of an 
enterprise;   “Minister ” means the Minister of Labour, Comme rce and Industries or such Minister 
appointed by His Majesty in Council to be r esponsible for the administration of this 
Act; 
 
“Nice Agreement ” means the Nice Agreement of June 15, 1957, Concerning the 
International Classification of Goods and Services for the Purposes of the Registration of Marks as last revised; 
 
“Paris Convention ” means the Paris Convention for the Protection of Industrial 
Property of March 20, 1883, as last revised; 
 
“patent ” means the title granted to protect an invention; 
 
“patentee ” means a person registered as grantee or proprietor of a patent; 
 
“priority date ” means the date of the earlier app lication that serves as the basis for 
the right of priority provided for in the Paris Convention; 
 
“registers ” means the registers referred to in section 39(1); 
 
“Registrar ” means the person holding office in terms of section 37; 
 
“regulations ” means regulations made under section 45; 
 
“trade name ” means the name or designation identifying and distinguishing an 
enterprise; 
 
“utility model certificate ” means a Certificate referred to in sections 17 to 19. 
 
 
PART II – PATENTS 
 
3  Inventions. 
 
Subject to section 4, an invention may be or may relate to a product or a process. 
 
4  Matters excluded from patent protection. 
 
The following, even if they are inventions in terms of section 2, shall be excluded from patent 
protection, — 
 
(a)  discoveries, scientific th eories and mathematical methods; 
 
(b)  schemes, rules or methods for doing  business, performing purely mental acts 
or playing games; 
 
(c)  methods for treatment of the human or  animal body by surgery or therapy, as 
well as diagnostic methods practised on the human or animal body. This provision shall not apply to products for use in any of those methods. IP/N/1/TON/I/1 
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  5  Patentable Inventions. 
 
(1)  An invention is patentable if it is new,  involves an inventive step and is industrially 
applicable.  
 
(2)  An invention is new if it is not anticipated by prior art. 
 
(3)  Prior art shall consist of everything disclosed to the public: 
 
(a)  anywhere in the world, by publication in tangible form; or 
 
(b)  in Tonga, by oral disclosure, by use or in any other way, 
 
prior to the filing, or where applicable, th e priority date, of the application claiming 
the invention. 
 
(4)  For the purposes of subsection (3), disclos ure to the public of the invention shall not 
be taken into consideration if it occurred within twelve months preceding the filing 
date or, where applicable, the priority date, of the application, and if 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 with rega rd to the applicant or his predecessor in 
title. 
 
(5)  An invention shall be considered as involving an inventive step if, having regard to 
the prior art relevant to the application cl aiming the invention, it would not have been 
obvious to a person having ordinary skill in the art. 
 
(6)  An invention shall be considered industria lly applicable if it can be made or used in 
any kind of industry. 
 
(7)  Industry shall be understood in its broa dest sense; it shall include handicraft, 
agriculture, fishery, pharmaceuticals and services. 
 
(8)  Inventions that are contrary to public  order or morality shall not be patentable. 
 
6  Right to patent; naming of inventor.  
(1)  The right to a patent shall belong to the inventor. 
 (2)  If two or more persons have jointly made an invention, the right to the patent shall 
belong to them jointly. 
 
(3)  If and to the extent to which two or more persons have made the same invention 
independently of each other, the person whose application has the earliest filing date 
or, if priority is claimed, the earliest valid ly claimed priority date and leads to the 
grant of a patent shall have the right to the patent. 
 
(4)  The right to a patent may be assigned, or may be transferred by succession. 
 
(5)  Where an invention is made in execution of an employment contract, the right to the 
patent shall belong, in the absence of cont ractual provisions to the contrary, to the 
employer. 
  IP/N/1/TON/I/1 
 Page 7 
 
 
  (6)  When an invention is made in execution of a commission or an employment contract, 
the right to the patent for that invention shall belong, in the absence of contractual provisions to the contrary, to the pers on having commissioned the work or the 
employer, as the case may be. 
 
(7)  When the invention has an economic valu e much greater than the parties could have 
reasonably foreseen at the time of concluding  the contract, the inventor shall have a 
right to equitable remuneration, which shall be determined by the court in the absence 
of agreement between the parties. 
 
(8)  Notwithstanding subsections (6) and (7), when an employee, whose employment 
contract does not require him to engage in inventive activity, makes, in the field of activities of his employer, an invention by using data or means available to him through his employment, the right to the patent for that invention shall belong, in the absence of contractual provisions to the contrary, to the employer: 
 
Provided that the employee shall have a ri ght to equitable remuneration taking into 
account his salary, the economic value of th e invention and any benefit derived from 
the invention by the employer. In the absen ce of agreement between the parties, the 
remuneration shall be determined by the court. 
 
(9)  Any contractual provision which is less favour able to the inventor than the provisions 
of this section shall be null and void. 
 
(10)  The inventor shall be named as such  in the patent, unless in a special written 
declaration addressed to the Registrar he indicates that he wishes not to be named. 
Any promise or undertaking by the inventor made to any person to the effect that he 
will make such a declaration shall be without legal effect. 
 
7  Applications.  
(1)  An application for a patent shall be filed with the Registrar and shall contain a 
request, a description, one or more claims, one or more drawings, where required, and 
an abstract. It shall be accompanied by the payment of the prescribed application fee. 
 
(2)  The request shall contain a petition, to the e ffect that a patent be granted, the name of 
the applicant and other prescribed data con cerning the applicant, the inventor and the 
agent, if any, and the title of the invention. 
 
(3)  Where the applicant is not the invent or, the request shall be accompanied by a 
statement justifying the applicant's right to the patent. 
 
(4)  The description shall disclose the inve ntion in a manner sufficiently clear and 
complete for the invention to be evaluated,  and to be carried out by a person having 
ordinary skill in the art, and shall, in particular, indicate at least one mode known to the applicant for carrying out the invention. 
 
(5)  The claim or claims shall determine th e scope of the protection; the description and 
the drawings may be used to interpret the claims. 
 
(6)  Claims shall be clear and concise and shall be fully supported by the description. 
 IP/N/1/TON/I/1 
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  (7)  Drawings shall be required when they  are necessary for the understanding of the 
invention. 
 
(8)  The abstract shall merely serve the purpose of technical information; in particular, it 
shall not be taken into account for the purpose of interpreting the scope of the 
protection. 
 
(9)  The applicant may withdraw the application at any time before grant. 
 
8  Duty of invention; amendment and division of application. 
 
(1) The application shall relate to one inventi on only or to a group of inventions so linked 
as to form a single general inventive concept. 
 
(2)  The applicant may at any time before  grant, amend the application, but the 
amendment shall not go beyond the disclosure in the initial application. 
 
(3)  The applicant may, up to the time when th e application is in order for grant, divide 
the application into two or more applica tions namely, divisional applications, but 
each divisional application shall not go beyond the disclosure in the initial application. 
 
(4)  The divisional application shall be entitle d to the filing date and, where applicable, 
the priority date of the initial application. 
 
(5)  The fact that a patent has been granted on an application that did not comply with the 
requirement of unity of invention under s ubsection (1) shall not be a ground for the 
invalidation of the patent. 
 
9  Right of priority under the Paris Convention.  
(1)  The application may contain a declarati on claiming the priority, as provided for in the 
Paris Convention, of one or more earlie r national, regional or international 
applications filed by the applicant or his predecessor in title in or for any State party 
to the said Convention. 
 (2)  Where the application contains a declar ation under subsection (1), the Registrar may 
require that the applicant furnish, within  the prescribed time limit, a copy of the 
earlier application certified as correct by the office with which it was filed. 
 
(3)  The effect of the said declaration shall be as provided in the Paris Convention. 
 
(4)  If the Registrar finds that the require ment under this section and the regulations 
pertaining thereto have not been fulfilled, th e said declaration shall be considered not 
to have been made. 
 
10  Information concerning corresponding foreign applications for patents or other titles of 
protection. 
 
(1) The applicant shall, at the request of th e Registrar, furnish him with the date and 
number of any application for a patent or other titles of protection filed by him abroad (herein referred to as “foreign applications”), relating to the same or essentially the same invention as that claimed in the application filed with the Registrar.  IP/N/1/TON/I/1 
 Page 9 
 
 
   
(2)  The applicant shall, at the request of the Registrar, furnish him with the following 
documents relating to one of the foreign a pplications referred to in subsection (1): 
 
(a)  a copy of the patent or other title of protection granted on the basis of the 
foreign application; 
 
(b)  a copy of any communication received by the applicant concerning the results 
of any search or examination carried out in respect of the foreign application; 
 
(c)  a copy of any final decision rejecting the foreign application or refusing the 
grant requested in the foreign application; and 
 
(d)  a copy of any final decision invalidati ng the patent or other title of protection 
granted on the basis of the foreign application referred to in subsection (1). 
 11  Filing Date; Examination.  
(1)  The Registrar shall accord as the filing date, the date of receipt of the application, 
provided that, at the time of receipt, the application fee is paid and the application contains — 
 
(a)  the name of the applicant; 
 
(b)  a part which on the face of it appears to be a description; 
 
(c)  a part which on the face of it appears to be a claim or claims; 
 
(d)  an express or implicit indication that the grant of a patent is sought. 
 
(2)  If the Registrar finds that the application did not, at the time of receipt, fulfil the 
requirements referred to in subsection (1), he  shall invite the applicant to file the 
required correction and shall accord as the filing date the date of receipt of the 
required correction, but if no correction is ma de, the application shall be treated as if 
it had not been filed. 
 
(3)  Where the application refers to drawi ngs which in fact are not included in the 
application, the Registrar shall invite th e applicant to furnish the missing drawings. 
 
(4)  If the applicant complies with the inv itation referred to in subsection (3), the 
Registrar shall accord, as the filing date, the date of receipt of the missing drawings. Otherwise the Registrar shall accord, as the filing date, the date of receipt of the application and shall treat any referen ces to the said drawings as non-existent. 
 
(5)  After according a filing date, the Regi strar shall examine whether the application 
complies with the requirements of section 7(1), (2), (3) and (4). 
 
12  Grant of patent. 
 
(1)  Where the Registrar finds that the conditi ons referred to in section 11(5) are fulfilled, 
he shall grant the patent. Otherwise, he shall reject the application and notify the 
applicant of his decision. 
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  (2)  When he grants a patent, the Registrar shall, — 
 
(a)  publish the fact that he has granted the patent; 
 
(b)  issue to the applicant a certificate of the grant of the patent and a copy of the 
patent; 
 
(c)  record the patent; and 
 
(d)  make available copies of the patent to the public, on payment of the 
prescribed fee. 
 
13  Rights conferred by patent; exploitation  by Government or person thereby authorized. 
 
(1) Exploitation in respect of a patented invention means any of the following acts — 
 
(a)  when the patent has been grante d in respect of a product, the making, 
importing, exporting, offering for sale,  setting and using the products or 
stocking such products for the purposes of offering for sale; 
 
(b)  when the patent has been granted in respect of a process, using the process or  
doing any of the acts referred to in s ub-paragraph (a) in respect of a product 
obtained directly by means of the process.  
 
(2)  Subject to subsections (4) and (5) and section 15, the exploitation of the patented 
invention in Tonga by persons other than the owner of the patent shall require the 
patentee's permission. 
 
(3)  The patentee shall, in addition to any ot her rights, remedies or actions available to 
him, have the right, subject to subsections (4) and (5) and section 15, to institute court 
proceedings against any person who exploits  the patent without his permission, or 
who performs acts which may likely infringe the patented invention. 
 
(4)  The rights under the patent shall not extend, 
 
(a)  to acts in respect of articles which ha ve been put on the market in Tonga by 
the patentee or with his consent; 
 
(b)  to the use of articles on aircraft, la nd vehicles, or vessels of other countries 
which temporarily or accidentally enter the airspace, territory or waters of 
Tonga; 
 
(c)  to acts done only for experimental purposes relating to a patented invention; 
 
(d)  to acts performed by any person who in good faith, before the filing or, where 
priority is claimed, the priority date of the application on which the patent is 
granted, was using the invention in  Tonga or was making effective and 
serious preparations in Tonga for such u se, to the extent that such acts do not 
differ in nature or purpose from the actual or envisaged prior use; this right 
may be transferred or devolve only toge ther with the enterprise or business, 
or with that part of the enterprise or business, in which the use or preparations 
for use have been made. 
  IP/N/1/TON/I/1 
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  (5) 
 
(a)  Where the public interest, in particul ar, national security, nutrition,  health or 
the development of other vital sector of the national economy so require, the 
Minister may decide that, even without the permission of the patentee, a 
government agency or a third person designated by the Minister may exploit 
the invention, subject to the payment of an equitable remuneration to the patentee. 
 (b)  The decision of the Minister with regard to remuneration may be the subject 
of an appeal before the Court. 
 
14  Duration annual fees. 
 
(1)  Subject to subsection (2), a patent shal l expire 20 years after the filing date of the 
application for the patent. 
 
(2)  In order to maintain the patent or patent  application, an annual fee shall be paid in 
advance to the Registrar for each year, starting one year after the filing date of the application for the grant of the patent. A period of grace of six months shall be allowed for the late payment of the a nnual fee on payment of the prescribed 
surcharge. If an annual fee is not paid in accordance with the provisions of this 
subsection, the patent application shall be deemed to have been withdrawn or the patent shall lapse. 
 
15  Non-voluntary licences. 
 
(1)  On the request of any person who proves his ability to work a patented invention in 
Tonga made to the Registrar after the expiration of a period of four years from the date of filing of the patent application or th ree years from the date of the grant of the 
patent, whichever period expires last, the Registrar may grant a non-voluntary licence 
if the patented invention is not worked or is insufficiently worked in Tonga. 
 
(2)  Notwithstanding subsection (1), a non-voluntary licence shall not be granted if the 
patentee satisfies the Registrar that circumst ances exist which justify the non-working 
or insufficient working of the patented invention in Tonga. Importation shall not constitute such a circumstance. 
 
(3)  The beneficiary of the non-voluntary licence shall have the right to exploit, other than 
to import, the patented invention in Tonga according to the terms set down in the decision granting the licence and, shall commence the working of the patented 
invention in Tonga within the time limit fi xed in the said decision and, thereafter, 
shall work the patented invention sufficientl y in Tonga, subject to the payment of an 
equitable remuneration therefor as determined in the said decision. 
 
(4)  The grant of the non-voluntary licence shall not exclude, — 
 
(a)  the conclusion of a licence contract by the patentee or the grant of other non-
voluntary licences; or 
 
(b)  the exploitation of the patent ed invention under section 13(5). 
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  16  Invalidation. 
 
(1)  Any interested person may request  the court to invalidate a patent. 
 
(2)  The court shall invalidate the patent if  the person requesting the invalidation proves 
that any of the requirements of sections 3, 4, 5, and 7(4), 7(5), 7(6) and 7(7) are not 
fulfilled or if the patentee is not the inventor or his successor in title. 
 
(3)  Any invalidated patent, or claim or part of a claim, shall be regarded as null and void 
ab initio . 
 
(4)  The final decision of the court shall be notified to the Registrar who shall record it 
and publish the decision as soon as possible. 
 
 
PART III - UTILITY MODEL CERTIFICATES 
 
17  Applicability of provisions pertaining to patents. 
 
(1)  Subject to section 18, the provisions of Part II shall apply, mutatis mutandis, to utility 
model certificates or applications therefor, as the case may be. 
 
(2)  Where the right to a patent conflicts with  the right to a utility model certificate in the 
case referred to in section 6(3), the said provision shall apply as if the word “patent” were replaced by the words “patent or utility model certificate.” 
 
18  Special provisions pertaining to utility model certificates. 
 
(1)  An invention qualifies for a utility model certificate if it is new and is industrially 
applicable. 
 (2)  Sections 5(1) and 5(5) shall not appl y in the case of inventions for which utility 
model certificates are requested. 
 
(3)  A utility model certificate shall expire, w ithout possibility of renewal, at the end of 
the seventh year after the date of the filing of the application. 
 
(4)  Section 14 shall not apply in the case of a utility model certificate. 
 
(5)  In proceedings under section 16, th e court shall invalidate the utility model 
certificates on the following grounds — 
 
(a)  that the claimed invention did not qualify for a utility model certificate, 
having regard to subsection (1) and to sec tions 5(2), 5(3), 5(4), 5(6) and 5(8); 
 
(b)  that the description and the claims do not comply with the requirements of 
sections 7(4), 7(5), and 7(6); 
 
(c)  that any drawing which is necess ary for the understanding of the invention 
has not been furnished; 
  IP/N/1/TON/I/1 
 Page 13 
 
 
  (d)  that the owner of the utility model certificate is not the inventor or his 
successor in title. 
 
(6)  Section 16(2) shall not apply in  the case of utility model certificates. 
 
19  Conversion of applications of patent or utility model certificates.  
(1)  At any time before the grant or rejection of a patent, an applicant for a patent may, 
upon payment of the prescribed fee, convert his application into an application for a utility model certificate, which shall be accorded the filing date of the initial 
application. 
 
(2)  At any time before the grant or rejection of a utility model certificate, an applicant for 
a utility model certificate may, upon payment of the prescribed fee, convert his application into a patent application, whic h shall be accorded the filing date of the 
initial application. 
 
(3)  An application may not be converted  under subsection (1) more than once. 
 
 
PART IV - INDUSTRIAL DESIGNS 
 
20  Registrable industrial designs. 
 
(1)  An industrial design is registrable if it is new.  
 
(2)  An industrial design shall be new if it has not been disclosed to the public — 
 
(a)  anywhere in the world by publication in tangible form; or 
 
(b)  in Tonga, by description or by use or in any other way, prior to the filing date 
or, where applicable, prior to the priority date of the application for 
registration. 
 
(3)  For the purposes of subsection (2), disclos ure to the public of an industrial design 
shall not be taken into consideration if it occurred within twelve months preceding the 
filing date or, where applicable, the priority  date of the application, and if 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 part y with regard to the applicant or his 
predecessor in title. 
 
(4)  Industrial designs that are contrary to pub lic order or morality shall not be registrable. 
 
21  Right to registration of industrial designs; naming of creator. 
 
(1)  The right to registration of an industria l design shall belong to the creator of that 
industrial design. 
 
(2)  If two or more persons have jointly created an industrial design, the right to the 
registration of the industrial design shall belong to them jointly. 
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  (3)  If and to the extent to which two or mo re persons have created the same industrial 
design independently of each other, the person whose application has the earliest filing date or, if priority is claimed, the earliest validly claimed priority date and leads to the issue of a certificate of registration of  the industrial design shall have the right 
to the registration of the industrial design. 
 
(4)  The right to the registration of an in dustrial design may be assigned, or may be 
transferred by succession. 
 
(5)  Where an industrial design is made in ex ecution of an employment contract, the right 
to the registration of the industrial design shall belong, in the absence of contractual 
provisions to the contrary, to the employer. 
 
(6)  When an industrial design is made in  execution of a commission or an employment 
contract, the right to the registration of the industrial design shall belong, in the 
absence of contractual provisions to the c ontrary, to the person having commissioned 
the work or to the employer, as the case may be. 
 
(7)  When the industrial design has an economic value much greater than the parties could 
have reasonably foreseen at the time of concluding the contr act the person who 
created the industrial design shall have a ri ght to equitable remuneration, which shall 
be determined by the court in the ab sence of agreement between the parties. 
 
(8)  Notwithstanding subsections (6) and (7), when an employee, whose employment 
contract does not require him to engage in inventive activity, makes, in the field of activities of his employer, an industrial design by using data or means available to 
him through his employment, the right to registration of that industrial design shall 
belong, in the absence of contractual provisions to the contrary, to the employer: 
 
Provided that the employee shall have a ri ght to equitable remuneration taking into 
account his salary, the economic value of the industrial design and any benefit derived from the creation of such industrial design by the employer. In the absence of 
agreement between the parties, the remunera tion shall be determined by the court. 
 
(9)  Any contractual provision which is less favourable to the creator of the industrial 
design than the provisions of this section shall be null and void. 
 
(10)  The creator of the industrial design sha ll be named as such in the registration of the 
industrial design, unless in a special written declaration addressed to the Registrar, he 
indicates that he wishes not to be named. Any promise or undertaking by the creator made to any person to the effect that he w ill make such a declaration shall be without 
legal effect. 
 
22  Application. 
 
(1)  The application for registration of an indus trial design shall be filed with the Registrar 
and shall contain a request, drawings, photographs or other adequate graphic 
representations of the article embodying the industrial design and an indication of the 
kind of products for which the industrial design is to be used. It may be accompanied 
by a specimen of the article embodyi ng the industrial design and shall be 
accompanied by the payment of the prescribed fee. 
  IP/N/1/TON/I/1 
 Page 15 
 
 
  (2)  Where the applicant is not the creat or, the request shall be accompanied by a 
statement justifying the applicant's right to the registration of the industrial design. 
 
(3)  Section 9 shall apply mutatis mutandis to  applications for registration of industrial 
designs under this section. 
 
(4)  The applicant may withdraw the application at any time before grant.  
23  Examination; registration of industrial design. 
 
(1)  The Registrar shall accord as the filing da te the date of receipt of the application 
together with the application fee:  
 
Provided that, at the time of receipt, the application contains the name of the applicant and a pictorial representation of the article embodying the industrial design 
or a specimen thereof. Section 11(2) shall apply mutatis mutandis to the application 
under this subsection.  
 (2)  After according a filing date, the Regi strar shall examine whether the application 
complies with the requirements of sections 22(1) and 22(2).  
 
(3)  The Registrar shall examine whethe r the industrial design complies with the 
definition as contained in section 2 and whether it meets the requirements of section 20(4). 
 (4)  Where the Registrar finds that the conditi ons referred to in subsections (2) and (3) are 
fulfilled, he shall register the industrial desi gn, publish the fact of the registration and 
issue to the applicant a certif icate of registration of the industrial design. Otherwise, 
he shall reject the application. 
 
24  Rights conferred by registration; duration and renewal. 
 
(1)  Exploitation in respect of an industrial design means the making, selling or 
importation of articles, incorporating the industrial design. 
 
(2)  The exploitation of a registered industrial design in Tonga by persons other than the 
registered owner shall require the permission of the owner. 
 
(3)  The rights conferred by registration of an  industrial design shall not extend to acts in 
respect of articles which have been put on  the market in Tonga by the registered 
owner of the industrial design or with his consent. 
 
(4)  The registered owner of an industrial d esign shall, in addition to any other rights, 
remedies or actions available to him, have  the right to institute court proceedings 
against any person who exploits the indus trial design or who performs acts which 
make it likely that infringement will occur. 
 
(5)  The registration of an industrial design shall be for a period of five years from the 
filing date of the applicati on for registration. The regist ration may be renewed for two 
further consecutive periods of five years through the payment of the prescribed fee. A period of grace of six months shall be allo wed for the late payment of the renewal fee 
on payment of the prescribed surcharge. 
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  25  Invalidation. 
 
(1)  Any interested person may request the court to invalidate the registration of an 
industrial design. 
 
(2)  The court shall invalidate the registration if — 
 
(a)  the person requesting the invalidation proves that, 
 
(i)  the industrial design is not an industrial design as defined in 
section 2; or 
 
(ii)  any of the requirements of section 20 are not complied with; or 
 
(b)  the registered owner of the industrial design is not the creator or his successor 
in title. 
 
(3)  An invalidated registration of an industrial design shall be regarded as null and void 
ab initio . 
 
(4)  The final decision of the court shall be notified to the Registrar who shall record it 
and publish a reference thereto. 
 
 
PART V - MARKS, COLLECTI VE MARKS AND TRADE NAMES 
 
26  Acquisition of the exclusive right to a mark; registrability. 
 
(1)  The exclusive right to a mark shall be ac quired by registration in accordance with this 
Act. 
 
(2)  A mark cannot be validly registered — 
 
(a)  if it is incapable of distinguishin g the goods or services of one enterprise 
from those of other enterprises; 
 
(b)  if it is contrary to public order or morality; 
 
(c)  if it is likely to mislead the public or trade circles, in particular as regards the 
geographical origin of the goods or ser vices concerned or their nature or 
characteristics; 
 
(d)  if it is identical with, or is an imitation of, or contains as an element, an 
armorial bearing, flag and other emblem , a name or abbreviation or initial of 
the name of, or official sign or hall mark adopted by, a state, inter-governmental organization or organiza tion created by an international 
convention, unless authorised by the competent authority of that State or organization; 
 
(e)  if it is identical with, or confusingly similar to, or constitutes a translation of, 
a mark or trade name which is well know n in Tonga for identical or similar 
goods or services of another enterprise; or  IP/N/1/TON/I/1 
 Page 17 
 
 
   
(f)  if it is identical with a mark belongi ng to a different proprietor and already on 
the Register, or with an earlier filing or  priority date, in respect of the same 
goods or services, or closely related goods or services, or if it so nearly resembles such a mark as to be likel y to deceive or cause confusion. 
 27  Application for registration.  
(1)  The application for registration of a mark  shall be filed with the Registrar and shall 
contain a request, a reproduction of the ma rk and a list of the goods or services for 
which registration of the mark is requested, listed under the applicable class or classes 
of the International Classification. It sh all be accompanied by the payment of the 
prescribed application fee. 
 
(2)  The application may contain a declarati on claiming the priority, as provided for in the 
Paris Convention, of an earlier national or regional application filed by the applicant 
or his predecessor in title, in which case, th e Registrar may require that the applicant 
furnish, within the prescribed time limit, a copy of the earlier application, certified as 
correct by the office with which it was filed. 
 
(3)  The effect of the said declaration shall be as provided in the Paris Convention. 
 
(4)  If the Registrar finds that the requireme nts under subsection 3 have not been fulfilled, 
the said declaration shall be considered not to have been made. 
 
(5)  The applicant may withdraw the application at any time before grant. 
 28  Examination; opposition; registration of mark.  
(1)  The Registrar shall examine whether th e application complies with the requirements 
of section 27(1). 
 
(2)  The Registrar shall examine and determin e whether the mark is a mark as defined in 
section 2 and is registrable under section 26(2)(a) to (f). 
 
(3)  Where the Registrar finds that the conditi ons referred to in subsections (1) and (2) are 
fulfilled, he shall forthwith cause the app lication, as accepted, to be published in the 
prescribed manner. 
 
(4)  Any interested person may, within the prescribed period and in the prescribed 
manner, give notice to the Registrar of oppos ition to the registration of the mark on 
grounds that one or more of the requirements of section 2, relating to the definition of 
a mark, or section 26(2) are not fulfilled. 
 
(5)  The Registrar shall send forthwith a copy  of a notice under the prescribed subsection 
to the applicant, and, with in the prescribed period and in the prescribed manner, the 
applicant shall send to the Registrar a c ounterstatement of the grounds on which he 
relies for his application. If he does not do so, he shall be deem ed to have abandoned 
the application. 
 
(6)  On receiving a counter-statement from th e applicant, the Registrar shall furnish a 
copy thereof to the person giving notice of opposition and, after hearing the parties, if IP/N/1/TON/I/1 
Page 18  
 
  either or both wish to be heard, and consid ering the merits of the case, shall decide 
whether the mark should be registered. 
 
(7)  After the application is published and un til the registration of the mark, the applicant 
has the same privileges and rights as he woul d have if the mark had been registered: 
 
Provided that it shall be a valid defence to  an action brought hereunder in respect of 
an act done after the application was publis hed, if the defendant establishes that the 
mark could not validly have been registered at the time the act was done. 
 
(8)  If the Registrar is satisfied that the c onditions referred to in subsections (1) and (2) 
are fulfilled, and — 
 
(a)  the registration of the mark has not  been opposed within  the prescribed time 
limit; or 
 
(b)  the registration of the mark h as been opposed and the opposition has been 
decided in the applicant's favour; 
 
the Registrar shall register the mark, publish the fact of the registration and issue to the applicant a certificate of registration. 
 29  Rights conferred by registration; duration; renewal.  
(1)  The use of a registered mark, in relation to any goods or services for which it has 
been registered, by any person other than  the registered owner shall require the 
permission of the owner. 
 
(2)  The registered owner of a mark shall, in addition to any other rights, remedies or 
actions available to him, have the right to institute court proceedings against any 
person who infringes the mark by using, with out his agreement, the mark as referred 
to in subsection (1) or who performs acts which make it likely that infringement will 
occur. The right shall extend to the use of a sign similar to the registered mark and to 
the use in relation to goods and services sim ilar to those for which the mark has been 
registered, where the effect may mislead the public. 
 
(3)  The rights conferred by registration of a mark shall not extend to acts in respect of 
articles which have been put on the market in Tonga by the registered owner or with 
his consent. 
 
(4)  The registration of a mark shall be for a period of ten years from the filing date of the 
application for registration. The register ed mark may be renewed for consecutive 
periods of ten years, provided that the registered proprietor pays the prescribed 
renewal fee. A period of grace of six months shall be allowed for the late payment of 
the renewal fee on payment of the prescribed surcharge. 
 
30  Invalidation; and removal on grounds of non-use.  
(1)  Any interested person may request the Re gistrar to invalidate the registration of a 
mark. 
 
(2)  The Registrar shall invalidate the regist ration if the person requesting the invalidation 
proves that,  IP/N/1/TON/I/1 
 Page 19 
 
 
   
(a) any of the requirements of a mark as defined in section 2; or 
 
(b)  any of the requirements of section 26(2) are not fulfilled. 
 
(3)  Any invalidation of a registration of a mark  shall be deemed to have been effective as 
of the date of registration, and it shall be  recorded and a reference thereto shall be 
published as soon as possible. 
 
(4)  Any interested person may request the Re gistrar to remove a mark from the Register, 
in respect of any of the goods or services for which it is registered, on the grounds 
that, up to one month prior to filing the request, the mark had, after its registration, not been used by the registered owner or a licensee during a continuous period of three years or longer; 
 
Provided that a mark shall not be removed if it is shown that special circumstances 
prevented the use of the mark and that ther e was no intention not to use or to abandon 
the same in respect of those goods or service. 
 
31  Collective mark.  
(1)  Subject to subsections (2) and (3), the provisions of sections 26 to 30 relating to 
marks shall apply to collective marks. 
 
(2)  An application for registration of a co llective mark shall designate the mark as a 
collective mark and shall be accompanied by  a copy of the conditions governing the 
use of the collective mark. 
 
(3)  The registered owner of a collective ma rk shall notify the Registrar of any changes 
made in respect of the condition referred to in subsection (2). 
 
(4)  In addition to the grounds provided in sec tion 30(2), the Registrar shall invalidate the 
registration of a collective mark if the pe rson requesting the invalidation proves that 
only the registered owner uses the mark, or  that he uses or permits its use in 
contravention of the conditions referred to in  subsection (2) or that he uses or permits 
its use in a manner liable to mislead trade ci rcles or the public as to the origin or any 
other common characteristics of the goods or services concerned. 
 32  Licensing of marks and collective marks. 
 
(1)  Any licence contract concerning the registration of a mark, or an application therefor, 
shall provide for effective control by the licensor of the quality of the goods or services of the licensee in connection with which the mark is used. If the licence 
contract does not provide for such quality control or if such quality control is not 
effectively carried out, the licence contract shall not be valid and the exclusive right referred to in section 29(1) and (2) may not be exercised. 
 
(2)  The registration of a collective mark, or an application therefor, may not be the 
subject of a licence contract. 
 IP/N/1/TON/I/1 
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  33  Trade names. 
 
(1)  A name or designation may not be used as a trade name if by its nature or the use to 
which it may be put, it is contrary to public order or morality and if, in particular, it is 
liable to mislead trade circles or the public as to the nature of the enterprise identified 
by that name. 
 (2)  Notwithstanding any laws or regulations providing for any obligation to register trade 
names, such names shall be protected, even prior to or without registration, against 
any unlawful act committed by third parties. 
 
(3)  In particular, any subsequent use of th e trade name by a third party, whether as a 
trade name or a mark or collective mark, or any such use of a similar trade name or mark, likely to mislead the public  shall be deemed unlawful. 
 
 
PART VI - ACTS OF UNFAIR COMPETITION 
 34  Acts of unfair competition. 
 
(1)  Any act of competition contrary to honest practices in industrial or commercial 
matters shall be unlawful. 
 
(2)  The following acts, in particular, sh all be deemed to constitute acts of unfair 
competition, — 
 
(a)  all acts of such nature as to create confusion by any means whatever with the 
establishment, the goods, or the industrial or commercial activities of a competitor; 
 
(b)  false allegations in the course of trade of such nature as to discredit the 
establishment, the goods, or the industrial or commercial activities, of a competitor; 
 
(c)  indications or allegations the use of which in the course of trade is likely to 
mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for thei r purpose, or the quantity of goods. 
 
 
PART VII - GENERAL PROVISIONS 
 35  Representation by agent.  
Where the applicant’s ordinary residence or pr incipal place of business is outside Tonga, he 
shall be represented by an agent. 
 
36  Changes in ownership; licence contracts.  
(1)  Any change in the ownership of a pate nt, utility model, industrial design, mark or 
collective mark shall be in writing and shall, at the request of any interested party to 
the Registrar, be recorded and, except in the case of an application, be published by  IP/N/1/TON/I/1 
 Page 21 
 
 
  the Registrar. Such change shall have no effect against third parties until it is 
recorded. 
 (2)  Any change in the ownership of a collec tive mark, shall require previous approval by 
the Minister. 
 
(3)  Any change in the ownership of a trade na me shall be made with the transfer of the 
enterprise or the part thereof identified by that name and shall be in writing. 
 
(4)  A change in the ownership of a mark or in the ownership of a collective mark shall, 
however, be invalid if it is likely to deceive or confuse, particularly in regard to the 
nature, origin, manufacturing process, charact eristics, or suitability for their purpose, 
of the goods or services in relation to whic h the mark or collective mark is intended 
to be used or is being used. 
 
(5)  Any licence contract concerning a patent, a utility model certificate, a registered 
industrial design or a registered mark, or an  application therefor, shall, be submitted 
to the Registrar who shall keep its contents  confidential but record it and publish the 
fact of having recorded such licence cont ract. Any such licence contract shall be 
deemed to be invalid until submitted to the Registrar. 
 
(6)  Where the Registrar, after consultation w ith the Minister, is of the opinion that any 
clause in a licence contract or relating to such a contract imposes unjustified restrictions on the licensee with the conseque nce that the contract, taken as a whole, 
is harmful to the economic interests of Tonga, the Registrar shall notify the parties to the contract accordingly and invite them to  modify the contract so that it does not 
impose such restrictions and, if they fail to  do so, he shall declare the clause to be 
invalid from the date of notification. 
 
(7)  For the purposes of this Act, “unjustified restrictions” are restrictions which entail for 
the licensee, in the industrial or commercial field, restrictions not deriving from the 
rights conferred by the grant of a patent or a utility model certificate or the 
registration of an industrial design or a mark or restrictions unnecessary for the 
safeguarding of those rights. 
 
(8)  In the examination of licence contracts relating to patents and utility model 
certificates under subsection (6), the Registra r shall take into consideration, in 
particular, any clause contained in a contract the effect of which would be, 
 
(a)  to import technology from abroad when  substantially similar or equivalent 
technology may be obtained on the same or more favourable conditions 
without any importation of the technology from abroad; 
 
(b)  to oblige the licensee to give consid eration which is disproportionate to the 
value of the technology to which the contract relates; 
 
(c)  to oblige the licensee to acquire any materials from the licensor or from 
sources designated or approved by the licensor unless it is otherwise 
impossible, for all practical purposes, to ensure the quality of the products to 
be produced and provided that the said materials are supplied at a reasonable 
price; 
 IP/N/1/TON/I/1 
Page 22  
 
  (d)  to restrict the licensee's freedom to acquire any materials from any source, 
unless it is otherwise impossible, for all practical purposes, to ensure the quality of the products to be produced; 
 (e)  to restrict the licensee's freedom to use any materials which are not supplied 
by the licensor or by sources designated or approved by the licensor, unless it 
is otherwise impossible, for all practical purposes, to ensure the quality of the products to be produced; 
 
(f)  to oblige the licensee to sell the pr oducts produced by him exclusively or 
principally to persons designated by the licensor;  
 
(g)  to oblige the licensee to make availa ble to the licensor, without appropriate 
consideration, any improvements made by the licensee with respect to the technology to which the contract relates; 
 
(h)  to limit the quantity of the products produced by the licensee; 
 
(i)  to restrict the licensee's freedom to  export or to allow others to export the 
products produced by him, provided that such restriction may be justified if 
the licensor owns in a country to which such a restriction applies, a patent 
which would be infringed in case of importation of the said products into the 
said country, if the licensor has a contractual obligation not to allow others to export the said products to such a country  or if the licensor already supplies 
the market in such a country with the same products; 
 
(j)  to oblige the licensee to employ persons designated by the licensor not 
needed for the efficient transfer of the technology to which the contract 
relates; 
 
(k)  to impose restrictions on research or technological development carried out 
by the licensee; 
 
(l)  to restrict the licensee's freedom to use any technology other than the 
technology to which the contract relates; 
 
(m)  to extend the coverage of the contr act to technology not required to achieve 
the objective of the contract and to oblige the licensee to give consideration 
for such technology; 
 
(n)  to fix prices for the sale or resale of the products produced by the licensee; 
 
(o)  to exempt the licensor from any liab ility resulting from any defect inherent in 
the technology to which the contract re lates or to restrict such liability 
unreasonably; 
 
(p)  to restrict the licensee's freedom to use, after the expiration of his contractual 
obligations, the technology acquired as a result of the contract, subject, 
however, to any right of the licensor under a patent; 
 
(q)  to establish the duration of the contract for a period which is unreasonably 
long in relation to the economic function of the contract, provided that any  IP/N/1/TON/I/1 
 Page 23 
 
 
  period which does not exceed the duration of the patent to which the contract 
relates shall not be regarded as unreasonably long. 
 
37  Registrar.  
(1)  His Majesty in Privy Council may from time to time appoint some person to be the 
Registrar of Industrial Property, and may make  regulations, consistent with this Act, 
prescribing the duties and powers of the Registrar. 
 
(2)  The Registrar so appointed may hold his office in conjunction with any other office 
which His Majesty in Privy Council deems not incompatible therewith. 
 
38  Functions of the Registrar.  
(1)  The Registrar shall, — 
 
(a)  grant patents and utility model certificates; 
 
(b)  register industrial designs, marks and collective marks; and 
 
(c)  perform such other duties and exercise such powers as are conferred by this 
Act or the regulations made thereunder. 
 
(2)  Decisions of the Registrar shall be signed and sealed by the Registrar or an official 
designated by him. 
 
(3)  The Minister shall determine the orga nizational structure and the financial and 
budgetary systems of the Registry. 
 
39  Registers, Gazette.  
(1)  The Registrar shall maintain separate re gisters for patents, utility model certificates, 
industrial designs and marks. Collective marks shall be registered in a special section 
of the register of marks. 
 
(2)  The registers may be consulted by any person and extracts therefrom obtained by any 
person, on payment of the prescribed fee. 
 
(3)  The Registrar shall publish in the Gazet te all matters required to be published under 
this Act. 
 
(4)  The Registrar shall keep copies as last  revised, of the Paris Convention, the Nice 
Agreement and any other international agreem ent referred to in this Act or in any 
Regulations made thereunder for public inspection at no cost. 
 
40  Correction or errors, extension of time.  
(1)  The Registrar may, subject to any provisi ons in the regulations, correct any error of 
translation or transcription or clerical error in any application or document filed with 
the Registrar or in any entry in a regist er effected pursuant to this Act or the 
Regulations. 
 IP/N/1/TON/I/1 
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  (2)  If the Registrar is satisfied that the ci rcumstances justify it, he may upon receiving a 
written request, extend the time for doing an y act or taking any proceeding under this 
Act and the regulations made thereunder upon notice to the parties concerned and 
upon such terms as he may direct. The exte nsion may be granted though the time for 
doing the act or taking the proceeding has expired. 
 41  Exercise of discretionary power.  
The Registrar shall give any party to a proceed ing before him an opportunity to be heard 
before exercising adversely to that party any di scretionary power vested in the Registrar by 
this Act or the regulations. 
 
42  Competence of court. 
 
(1) The court shall have jurisdiction in cases of dispute relating to the application of this 
Act and the regulations and in matters whic h under this Act are to be referred to the 
court. 
 
(2)  Any decision taken by the Registrar under th is Act, in particular, the grant of a patent 
or of a utility model certificate or the registration of an industrial design or of a mark or collective mark, or the rejection of an a pplication for such a grant or registration, 
may be the subject of an appeal by any in terested party before the court and such 
appeal shall be filed within two m onths of the date of the decision. 
 
43  Infringement, unlawful acts, offences.  
(1)  Subject to sections 13(4) and (5), 15, 24(3)  and 29(3), an infringement shall consist of 
the performance, in Tonga, by any pers on other than the owner of the title of 
protection, without the permission of the owne r, of any act referred to in sections 13, 
24 and 29. 
 
(2)  On the request of the owner of the title of protection, or of a licensee if he has 
requested the owner to institute court pro ceedings for a specific relief and the owner 
has refused or failed to do so, the court may grant an injunction to prevent infringement, an imminent infringement, or an unlawful act referred to in 
sections 33(2) and (3) and 34, award damages and grant any other remedy provided for in the general law. 
 
(3)  On the request of any competent author ity or any interested person, association or 
syndicate, the court may grant the same relie f in case of an act of unfair competition 
referred to in section 34. 
 
(4)  Any person who performs an act which constitutes an infringement as defined in 
subsection (1) or an unlawful act as define d in sections 33(2) and (3), and section 34, 
commits an offence and is liable upon conviction to a fine of T$5,000 or to imprisonment for a term of 5 years or to both. 
 
44  Regulations. 
 
(1)  The Minister may with the consent of  Cabinet make regulations for the better 
carrying into effect of the purposes of this Act. 
  IP/N/1/TON/I/1 
 Page 25 
 
 
  (2)  Regulations made under subsection (1) may, in particular, prescribe, 
 
(a)  application fees for the grant of pate nts, utility model certificates and for the 
registration of industrial designs, marks and collective marks; 
 
(b)  the fees for copies of patents for the public; 
 (c)  any other fees required under the Act;  (d)  the surcharge payable in respect of late payment of maintenance or renewal 
fees; 
 
(e)  conditions under which a person may obtain extracts from registers in terms 
of section 39(2); and 
 
(f)  any other matter required to be prescribed under this Act. 
 
45  Administrative instructions.  
The Registrar may issue administrative instruc tions relating to the procedures under this Act 
and the regulations as well as to other functions of his office. 
 46  Repeal of CAP 120. Savings and transitional provisions.  
(1)  The Registration of United Kingdom Trade Marks Act is hereby repealed. 
 
(2)  A person who, on the date of entry into force of this Act, is the owner of a trade mark 
registered in the Registration of United Kingdom Trade Marks Act (Cap. 120) or has filed an application for registration of a tr ade mark under the provisions of the United 
Kingdom; may within 12 months of entry into fo rce of this Act, file an application for 
the registration of a trade mark under this Ac t. Such application shall be accorded the 
filing date or priority date accorded to the application or registration in the United 
Kingdom. 
  Passed in the Legislative Assembly this 9th day of November, 1994.  
 
__________