Patent Law of Burundi
The Patents in Burundi are governed by the Law no 1/13 of 2009 relating to Industrial Property in Burundi.
Burundi is a member of the following international agreements:
* Paris Convention (since 1977)
* WIPO Convention (since 1977)
* WTO/TRIPS (since 1995)
Patent protection Remarks in Burundi
Patent protection is available by filing a national patent application at the Patent Office of Burundi. Burundi is a member of the Paris Convention so that convention priority may be claimed. Burundi is not a member of the PCT so that applications cannot be filed in Burundi via PCT. However, the Law does provide that the Industrial Property Director must take into consideration an international search report and an international preliminary report issued under PCT.
Filing requirements for Patent in Burundi:
* Power of Attorney (simply signed), in French.
* Assignment from the inventor, or statement by the applicant justifying its right to the invention (if applicable; simply signed), in French or with French translation.
* specification (including claims, drawings and abstract), in French
* certified copy of the priority document (if applicable), with French
Burundi Patent Registration Procedure
* Applications are filed with the Industrial Property Office.
Applications are subjected to formal examination, which takes place
automatically. Although the Law provides that applications are to be examined to determine that the invention is new, involves an inventive step, and is industrially applicable, and that no prior pending application concerning the same invention is about to be granted, this provision is not in operation. If the application is found to be in order, it is published.
The Law requires that the Industrial Property Director must publish the application within 18 months from the filing date.
Any interested person may, within 90 days following the publication of the application, on payment of the official fees, file a notice of opposition with the Industrial Property Office. The applicant has 60 days to submit a reply. The matter is heard and decided by the Director.
If none objection and opposition is raise, the patent is granted and registered.
Usually takes 18 to 24 months to complete the registration process.
The duration of a patent is 20 years from the filing date.
Maintenance fee are payable annually, starting from the first anniversary of the filing date. A six months grace period is provided subject to payment of surcharges.
12 months from the earlier application.
Trademark Law in Burundi
The trademark law in Burundi is Law No. 1/13 of 2009 in force since 28 July 2009, Ministerial Order No. 540/2046 on Procedures for Filing and Registration of Trademarks, Service Marks, Collective Marks, Trade Names and Certification Marks (2012) and Ministerial Order No. 540/2047 on Procedures for Filing and Registration of Geographical Indications (2012).
Burundi is a member of the Paris Convention and the WTO/TRIPS.
Trademark protection is obtained by registration.
It can also be acquired by sufficient public recognition.
Nice Classification (11th edition). Multiple-class applications are possible. An application can include goods and/or services in any number of classes, but with additional charges for each additional class from the 4th class.
*A power of attorney, simply signed, is necessary.
Burundi Trademark Registration Procedure
* The application is filed with the Director of Industrial Property.
* The application process includes a formal examination, an examination as to distinctiveness and for conflict with prior marks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
* Trademark applications accepted by the Director of Industrial Property are published once in the official gazette for. 30 days.
* If not Objection and Opposition if filed the trademark is registered.
National Opposition Period
The opposition period is 30 days from the publication date of the application. An opposition notice is advertised in an official gazette for a period of 90 days.
The approximate time frame for completing the registration process of a trademark is from 4 to 6 months.
Protection begins with the date of filing an application. A trademark registration is valid for 10 years from the date of filing the application and renewable for like periods.