Protecting Innovation and Creativity

Fiji Intellectual Property Office

Fiji’s intellectual property (IP) landscape is undergoing significant modernization, reflecting the nation’s commitment to fostering innovation, protecting creativity, and aligning with international standards. The framework for IP in Fiji covers creations of the mind in industrial, scientific, literary, and artistic fields, broadly categorized into Industrial Property (patents, trademarks, industrial designs, geographical indications, trade secrets) and Copyright.

Key Legislation and Recent Reforms:

For many years, Fiji’s IP laws were based on older British legislation. However, a major leap forward occurred in 2021 with the passing of new Acts of Parliament, including:

Trademarks Act 2021: This act repeals previous legislation, adopting the internationally recognized Nice Classification system for goods and services, allowing multi-class applications, and making provisions for the Madrid Protocol, which simplifies international trademark registration.
Patents Act 2021: This act replaced the outdated Patents Act of 1879, introducing modern standards for patentability (novelty, inventive step, industrial applicability) and aligning with international practices. Patents are generally protected for 20 years from the filing date.
Designs Act 2021: This new legislation now provides for the local registration of industrial designs, moving away from reliance on UK registrations and setting out criteria for novelty and originality.

In addition to these legislative updates, Fiji has significantly strengthened its international IP ties. In October 2023, Fiji formally acceded to the Paris Convention for the Protection of Industrial Property. This accession is a crucial step, allowing Fijian innovators to claim priority for their patent, trademark, and industrial design applications in other member countries and vice-versa, enhancing Fiji’s ability to safeguard its IP globally.

Types of Intellectual Property in Fiji:

Copyright: Governed by the Copyright Act 1999, this automatically protects original literary, artistic, musical, and dramatic works, as well as sound recordings and films, once they are in a material form. Protection generally lasts for 50 years after the creator’s death (or 50 years from creation/publication for certain works). Fiji is a party to the Berne Convention, offering international protection for Fijian works.
Trademarks: These protect distinctive signs, words, logos, or combinations used to identify goods or services of one enterprise from those of others. The new Trademarks Act 2021 streamlines the registration process and aligns with international classification systems.
Patents: Patents protect new and useful inventions that have industrial application. The Patents Act 2021 provides a framework for registering inventions, granting the inventor exclusive rights for a period (typically 20 years) in exchange for public disclosure.
Industrial Designs: These protect the aesthetic appearance or ornamental aspects of an article. The Designs Act 2021 allows for local registration and enforcement of these rights.
Geographical Indications & Trade Secrets: While the new legislation strengthens protections for these, specific details on their operationalization continue to evolve with the new acts coming into full force.

Administration and Enforcement:

The Intellectual Property Office of Fiji (IPOF), under the purview of the Attorney-General’s Office, is responsible for the administration of intellectual property rights, including the registration of patents, trademarks, and designs. While the legislative framework has been modernized, ongoing efforts are focused on strengthening enforcement mechanisms and building capacity to ensure effective protection against infringement.

Fiji’s commitment to a robust IP regime is a critical component of its strategy for economic growth, attracting investment, and fostering a vibrant culture of innovation and creativity within the nation and on the global stage.