Does your French intellectual property right extend to French Polynesia?

Article  \  14 Apr 2014

If you're protecting your intellectual property (IP) in France, you need to know about a recent change to one of the territories and how it could affect your IP protection in this country.

Traditionally, IP owners could rely on their French national registrations, designs, and patents to provide protection in most of the French territories.  A recent change in the territory of French Polynesia means IP owners must check their rights carefully to determine whether their IP right still extends to French Polynesia.

To ensure your French IP right extends to French Polynesia, first determine when you filed your right, and then learn more about what you need to do to ensure your right is extended.

Year it was filed

         What you need to do        

The right was filed before 3 March 2004.                                  If your IP right was filed before 3 March 2004, you do not need to do anything.                      
The right was filed between 3 March 2004 and 31 January 2014. If your IP right was filed between 3 March 2004 and 31 January 2014, you need to check whether it is necessary to file an extension of protection to French Polynesia. This extension of protection must be filed by 1 September 2015. 
The right was filed after 31 January 2014 and the IP owner asked that the French registration extend to French Polynesia at the time of filing or at renewal.   If the right was filed after 1 February 2014, you need to check that French Polynesia was covered by the application. 

If you need IP protection in French Polynesia, then securing a French national IP right is the best option.

We're here to help. If you have questions on your IP rights in French Polynesia, contact us for more information.