Patent Law in Afghanistan
The Patent Law Act of July 26, 2008
* The patent law of Afghanistan was enacted on July 26, 2008 but due to the existing administrative problems at the Afghanistan Patent & Trademark Office, still the patent department of the APTO is not functional.
Cautionary Notices (-C.N.)
The measure of protection in practice is by publishing cautionary notices at regular intervals in local English newspapers, thereby claiming ownership of the patent and warning third parties against infringement.
* Such notices have legal value when submitted to the Courts in the event of infringement.
Information required for Cautionary Notice:
• Patent's title
• Patentee's name
• Address and nationality
• Inventors' names
• Priority claims
Trademark Law in Afghanistan
The Trademarks Registration Law, enforced since September 01, 2009 and the amendment of the same in March 16, 2015.
* Rules and Regulations for Registration of IPRs, enforced since October 07, 2018.
* 1st Appendix to the Commercial Procedural Law, March 18, 2017.
* Member of Paris Convention and the Singapore Treaty as of May 14, 2017.
* Member of the Madrid Protocol as of June 26, 2018.
* Trademark protection is obtained by registration, unless it’s a well-known Trademark.
The latest version of the Nice classification is applicable.
Exception: There is no trademark protection for alcoholic beverages included class 33. The Trademark Office has shifted its classification system from multi-class to Single class applications and multi-class applications are not applicable anymore. The new regulation of filling separate applications per mark per class will only be applied for applications filed after March 11, 2016, and not for the previously filed applications.
Power of Attorney (POA) duly notarized and legalized up to the Afghan Consulate abroad is necessary. The original POA can be filed in a later date within one (1) month from the date of filing.
* It should be accompanied with certified local language translation.
Trademark Registration Procedure in Afghanistan
The application is filed at the Afghanistan Patent and Trademark Office (APTO).
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Trademark applications accepted by the Registrar are published in the official gazette prior to registration.
National Opposition Period
Objection to the registration of a trademark must be filed no later than 21 working days (one month) from the date of publication of the trademark in the official gazette.
The approximate time frame for completing the registration process of a trademark in Afghanistan is 6 months, approximately.
Protection begins from the date of application. A trademark registration is valid for 10 years from date of application and the registration is renewable for periods of 10 years.
Cancellation action against a registered trademark must be filed no later than one year from the date of registration of the trademark. Well-known mark is except from this provision.
* A Well-Known Mark should be a world renowned, whose reputation surpassed the country of origin where it has been registered and acquired a fame in the relevant sector among the consumer public in several countries including Afghanistan.