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Trade-Marks (Amendment) (No. 2) Decree 2012 (Decree No. 65 of 2012), Fiji

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Latest Version in WIPO Lex
Details Details Year of Version 2012 Dates Adopted: October 30, 2012 Type of Text Main IP Laws Subject Matter Trademarks, Geographical Indications, Trade Names Notes The notification by Fiji to the WTO under Article 63.2 of TRIPS states:
'[This Decree] amends the Principal Act with the inclusion of a new section 14A which prohibits the registration of trade-marks with the word 'Fiji' or any word that makes reference or implies geographical origins or words or marks making reference or implying an approval from the State and a body corporate's name or trading name registered under Fiji's Companies Act, unless it has been approved by the Minister. The Amendment Decree also prohibits any party from challenging the Minister's decision under section 14A by way of appeal to any Court, Tribunal, Commission or Adjudicating Body.'

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Main text(s) Main text(s) English Trade-Marks (Amendment) (No. 2) Decree 2012 (Decree No. 65 of 2012)        
 
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 Trade-Marks (Amendment) (No. 2) Decree 2012

_____

2007 EXTRAORDINARY

GoVeRnmenT oF FIJI GAZeTTe PUbLISHeD bY AUTHoRITY oF THe FIJI GoVeRnmenT

Vol. 13 FRIDAY, 2nD noVembeR 2012 no. 126

[1349] GOVERNMENT OF FIJI

TRADE-MARKS (AMENDMENT) (NO. 2) DECREE 2012 (DECREE NO. 65 OF 2012)

IN exercise of the powers vested in me as the President of the Republic of Fiji and the Commander in Chief of the Republic of Fiji Military Forces by virtue of the Executive Authority of Fiji Decree 2009, I hereby make the following Decree—

TO AMEND THE TRADE-MARKS ACT (CAP. 240) Short title and commencement

1. This Decree may be cited as the Trade-Marks (Amendment) (No. 2) Decree 2012, and shall be deemed to have come into force on 31st July, 2012 .

New sections inserted 2. The Trade-Marks Act (Cap. 240) is amended by inserting the following new sections after section 14—

“Prohibition to register trade-mark with the word ‘Fiji’ 14A.—(1) It is prohibited to register as a trade-mark—

(a) the use of the word or mark ‘Fiji’ or any word that makes reference or implies geographic origins or words or marks making reference or implying an approval from the State for which the proprietor is entitled to disclaim all or any portion of such matter separately or together with other words; and

(b) a body corporate’s name or trading names duly registered under the Companies Act (Cap. 247),

unless the use of the word or mark or the use of a disclaimer on the word or mark is approved by the Minister.

(2) The Minister may approve an application in subsection (1) on such terms and conditions as the Minister deems proper, if—

(a) the mark is necessary for the public interest; (b) the mark complies and is in accordance generally with approved marks and brands

recognised and licensed in accordance with written laws; (c) the registration of the trade-mark shall develop Fiji’s economy and technology; (d) the company seeking registration of its company name as a trade-mark is a government

owned entity; or (e) on any other reasonable ground.

No appeal 14B.—(1) No court, tribunal, commission or adjudicating body has the power or entitlement to hear

or determine a claim, complaint, application that purports or purported to challenge the decision of the Minister made under section 14A.”

GIVEN under my hand this 30th day of October 2012. . EPELI NAILATIKAU

President of the Republic of Fiji

Price: 50c A. V. NAIVAKASORO, Government Printer, Suva, Fiji—2012 165/FGG/12—1,000 Official Printer Since 1883


Legislation Amends (1 text(s)) Amends (1 text(s)) WTO Document Reference
IP/N/1/FJI/9
IP/N/1/FJI/T/3
No data available.

WIPO Lex No. FJ016