Protection of Trademarks and Patents in Timor-Leste

The protection of trademarks, logos, insignias and patents in Timor Leste is not only possible but also recommendable, having in consideration that (i) the country’s economic growth has been drawing increasing interest from relevant foreign investors and allowing a significant increase of the internal market and (ii) the foreseeable approval of an Intellectual Property Law by the Timor Leste Parliament will most likely bring priority to trademarks that have already been claimed in the jurisdiction.

Until the said Intellectual Property Law is finally approved, the protection of trademarks, logos, insignias and patents is guaranteed with the publication of Cautionary Notices.

This instrument is regarded in Timor Leste as the best option to react against abusive utilization of intellectual property rights in the jurisdiction, as well as to guarantee priority registration once this possibility is formally enacted.

CRA Timor therefore advises the holders of these rights to promote the publication of Cautionary Notices in Timorese newspapers with the widest circulation.

In general terms, the Cautionary Notice should state the name and address of the holder of the intellectual property right, as well as a description of the relevant intellectual property. In the case of a patent, an abstract is required, and in the case of a design, the shape of the design is required.

Typically, republication of Cautionary notices is recommended at regular intervals (every two years).

Once the Cautionary Notice is published, it is assumed that third parties are aware of the ownership of the intellectual property at issue.

Thus, if published properly and republished in a timely manner, a Cautionary Notice can be effective in preventing intellectual property infringement.

Considering the legal drafts that have been presented to the Parliament, once the Law on Intellectual Property is finally approved, the names, trademarks, logos and insignias and patents protected under the Cautionary Notes will be prioritized upon the registration procedure.

Once the Cautionary Notice is published, it is assumed that third parties are aware of the ownership of the intellectual property at issue.

Thus, if published properly and republished in a timely manner, a Cautionary Notice can be effective in preventing intellectual property infringement.

Considering the legal drafts that have been presented to the Parliament, once the Law on Intellectual Property is finally approved, the names, trademarks, logos and insignias and patents protected under the Cautionary Notes will be prioritized upon the registration procedure.