Since March 3, 2004 and the entry into force of the organic law transferring to French Polynesia numerous competences, including economic competences, industrial property titles (patents, trademarks, designs and models) no longer automatically cover the territory of Polynesia.
In order for your rights to be maintained, for titles already registered, or recognized, for new filings, it is necessary, in the first case, to request recognition from the General Directorate of Economic Affairs (DGAE) of Polynesia and, in the second case, to specifically request protection in Polynesia when filing your titles with the INPI, subject to payment of an additional fee.
Two situations are to be distinguished:
– Titles filed or renewed before March 3, 2004 are automatically recognized in French Polynesia.
– Titles filed or renewed between March 3, 2004 and January 31, 2014 must be voluntarily applied for by the rights holder, who must specifically request recognition from the DGAE by paying a fee.
It was foreseen, for this last procedure, that requests for recognition could be addressed to the DGAE until September 1, 2023.
However, holders of industrial property titles will have additional time to consider whether or not it is worthwhile to apply for recognition of their titles in Polynesia, as the deadline has recently been extended to December 31, 2024.
If you have trademarks registered between March 2004 and January 2014 and have not yet applied for recognition, it is not too late!
Do not hesitate to contact us if you have any questions on the subject and if you would like to receive assistance in this particular process.