Population: 104,000 (est. 2012)
Area: 702 km2
Currency: United States Dollar (USD)
Legal System: English common law and customary laws
Protection of IP Rights in Micronesia
Micronesia currently has FSMC (Code of the Federated States of Micronesia), Title 35. Copyright, Patents & Trademarks law enacted. However, to date only Chapter 1 “Copyrights (2003)” has been passed. This means it is not possible to register a patent or trade mark in Micronesia.
With respect to trade marks, the only way to claim and assert rights in Micronesia is through common law and is based on use of the trade mark and public awareness of the trade mark and the goods/services it covers.
The most effective way to protect trade mark rights in this way is publishing a cautionary notice in a local newspaper as well as to make genuine use of the mark in Micronesia.
Spruson & Fergsuon regularly arranges publication of our clients’ cautionary notices in Micronesia and other countries of the South Pacific and we are able to prepare notices on behalf of our clients.
- Berne Convention for the Protection of Literary and Artistic Works