Loading ...BUSINESS GUIDE –> Investment Guarantees
Expropriation
Government guarantees that it will not acquire the property of a foreign investment business with a valid foreign investment certificate without just compensation. These businesses will also have the protection of Clause 4 of the Constitution of Tonga, “Same law for all classes,” which ensures foreigners are equal with Tongan citizens before the law (non-discrimination).
Intellectual Property
The Intellectual Property and Company Registration Office (IPCR) is responsible for implementation of intellectual property legislation. These include:
- • Industrial Property Act 1994
• Copyright Act 2002
• Protection of Geographical Indications Act 2002
• Protection of Layout-Designs (Topographies) of Integrated Circuits Act 2002
• Unfair Competition Act 2002; and the Supreme Court, responsible for settling intellectual property disputes. All intellectual property regulations had to be approved by the Cabinet.
The Government of Tonga has indicated that it will amend its intellectual property legislation to ensure consistency with WTO obligations.
Dispute settlement
The provisions of the Arbitration Act 1996 (UK) apply to any arbitrations under the Foreign Investment Act 2002. Subject to domestic laws, the Convention for the Settlement of International disputes has the force of law in Tonga. The Supreme Court is responsible for settling intellectual property disputes.
