Industrial Property (Amendment) Regulations 2010

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Industrial Property _Amendment_ Regulations 2010 _EngV2_




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INDUSTRIAL PROPERTY (AMENDMENT)
REGULATIONS 2010



Industrial Property (Amendment) Regulations
2010 Arrangement of Regulations




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C
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INDUSTRIAL PROPERTY (AMENDMENT)
REGULATIONS 2010

Arrangement of Regulations
Regulation

1 Short Title .................................................................................................... 5
2 First Schedule Repealed and Replaced ........................................................ 5





Industrial Property (Amendment) Regulations 2010 Regulation 1




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C
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INDUSTRIAL PROPERTY (AMENDMENT)
REGULATIONS 2010

INDUSTRIAL PROPERTY ACT 1994

IN EXERCISE of the powers conferred by section 44 of the Industrial
Property Act 1994, the Minister of Labour, Commerce and Industries with the

consent of Cabinet, makes the following Regulations -

1 Short Title

These Regulations may be cited as the Industrial Property (Amendment) Regulations
2010.

2 First Schedule Repealed and Replaced

The First Schedule of the Industrial Property Regulations 1998, is repealed and
replaced with the following -


“SCHEDULE


FEES


Patents and Utility Model

Certificates
Proposed Fees

(T$)
Form

1 Request for a patent $200 Form No. 1

2 Each divisional application for
patent

$200 Form No. 1

3 Request for a utility model
certificate

$160 Form No. 1

4 Each divisional application for $160 Form No. 1

Regulation 2 Industrial Property (Amendment) Regulations 2010




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a utility model

5 Amendment of application at
instance of application.

$150 Form No. 1

6 Correction of application on
request of Registrar.

$90

7 Preparation of abstract by
Registrar

$100

8 Grant and publication fee $360 Form No. 2

9 Annual fees for patents:
1st anniversary of filing
2nd anniversary of filing
3rd anniversary of filing
4th anniversary of filing
5th anniversary of filing
6th anniversary of filing
7th anniversary of filing
8th anniversary of filing
9th anniversary of filing
10th anniversary of filing
11th anniversary of filing
12th anniversary of filing
13th anniversary of filing
14th anniversary of filing


$200
$240
$280
$320
$360
$400
$440
$480
$520
$560
$600
$640
$680
$720



Where the term is extended, for
each year

$1000 Form No. 3


10 Annual fees for utility model
certificates:
1st anniversary of filing
2nd anniversary of filing
3rd anniversary of filing
4th anniversary of filing
5th anniversary of filing
6th anniversary of filing




$110
$120
$130
$140
$150
$160



11 Surcharge for late payment of
annual fee

$110

12 Request for extension of
duration of a patent

$550 Form No. 4

13 Request for grant of a non-
voluntary license

$400

Industrial Property (Amendment) Regulations 2010 Regulation 2




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14 Request for a conversion of a
patent Application into an
application for a utility Model
certificate and vice versa.

$600 Form No. 5

Industrial Designs

15 Application for registration $100

16 Correction of application on
request of Registrar

$70

17 Registration and publication fee $120

18 Renewal fee:
(a) first renewal
(b) second renewal


$100
$110



19 Surcharge for the payment of
renewal fee:

$100

Marks

20 Application fee:
(a) for registration of a mark
in one class
(b) for registration of a mark
in each additional class


$200


$160



21 Request for statement of
grounds for decision of
Registrar

$120

22 Filing notice of opposition $180

23 Filing counter-statement $160

24 Filing request for hearing $150

25 Fee for hearing in opposition
proceedings (to be paid by
applicant and by opponent)

$200

26 Registration fee $200

27 Renewal fee:
(a) for a mark in one class
(b) for a mark in each
additional class


$100
$100



28 Surcharge for late payment of
renewal fee

$130

Regulation 2 Industrial Property (Amendment) Regulations 2010




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29 Filing request for invalidation
of mark or for removal of mark
from Register on Grounds of
non-use

$200

General

30 Filing request for recording of
change of ownership.

$100 Form No. 10

31 Submission of license contract
for recording

$100

32 Inspection of any Register (for
every quarter of an hour or part
thereof)

$20

33 Change of address $20

34 Filing request for hearing $200”



Made at Nuku'alofa this 13th day of October 2010.



Minister of Labour, Commerce and Industries