Population: 1,611 (est. 2011)
Languages: Polynesian, English
Area: 260 km2
Currency: New Zealand Dollar (NZD)
Legal System: English and New Zealand common laws; customary laws
Protection of IP Rights in Niue
Patent protection in New Zealand extends to Niue.
A New Zealand trade mark registration under the 1953 Act previously extended coverage to Niue. However, this Act was repealed and the new 2002 Act does not extend this same coverage.
It is possible to claim and assert rights in a trade mark in Niue; that being through common law and is based on use of the mark and public awareness of the mark and the goods/services which it covers.
Genuine use of the trade mark within the jurisdiction is one of the most effective ways to protect trade mark rights in Niue. The other most effective strategy is the publication of a cautionary notice in a local newspaper.
Please contact us if you would like us to prepare a cautionary notice on your behalf for publication in Niue or for further information relating to trade mark protection in Niue.