VANUATU - Until recently, trademark applications in Vanuatu could only be filed if based upon existing national UK rights and, whilst patent applications based on European patents which designated the UK have been accepted by the Registry to date, there was no explicit basis for this in the law, according to Lysaght & Co.
New patent and trademark laws entered into force in Vanuatu on July 7, 2008. The new legislations do not establish any substantive laws, but the Acts extend the explicit bases upon which a patent or trademark application in Vanuatu can be filed.
Under the new legislation, it is definitively stated that patent and trademark applications can be based upon existing rights in any member state of the European Union. Not only does this include national rights within EU member states, but also rights obtained under any treaties to which an EU member state may be a party. Thus, trademark applications in Vanuatu can also be based upon Community Trademarks and International Registrations in force anywhere in the EU, and the patent applications can be based upon European patents in force anywhere in the EU.
Additionally, the new trademarks law allows registration in respect of service marks, which was previously prohibited by the law, even if the applicant had a registration in service classes in the UK.
Lysaght & Co. is an Intellectual Property (IP) registration agency, specializing in the formalities required for registering, maintaining and renewing trademarks, patents and designs in the developing countries of the world.