PATENTS
The Patent Law of Democratic Republic of the Congo (DRC) are
* Industrial Property Law No 82-001 of 1982
* Industrial Property Regulations, 1989
The DRC is not a member of the PCT, ARIPO, or OAPI.
Democratic Republic of the Congo (DRC) is a member of the following international agreements:
* Berne Convention (since 1963)
* Paris Convention (since 1975)
* Phonograms Convention (since 1977)
* WIPO Convention (since 1975)
* WTO/TRIPS (since 1997)
Languages: French (official language), Lingala, Kongo, Mongo, Swahili.
For a patent of invention to be granted, the following documents are required in the Democratic Republic of the Congo:
* Power of Attorney (Simply signed), in French (a copy of the signed power of attorney is required on the day of filing).
* Assignment of invention (notarised; if applicable), in French or with French translation.
* Specification (including claims, drawings and abstract), in French.
* International classification.
* Certified copy of the priority document, with a sworn French translation of the first page thereof.
Priority
An applicant who has filed a patent application in a convention country is entitled to claim priority from such earlier application, provided that a DRC application is filed within 12 months of the filing date of the earlier application.
Democratic Republic of the Congo (DRC) Patent Registration Procedure
Filing
Patent applications are filed at the Directorate of Industrial Property of DRC (Intellectual Property Office).
Examination
Applications are subjected to formal examination. Amendments can only be filed within five months of the filing date.
Opposition
The Law does not make provision for opposing the grant of a patent. However, it is possible to apply to a competent court to nullify a granted patent on the ground that it does not comply with the requirements of the Law.
Publication
Once a patent has been granted, it is published in the Official Gazette. On publication it becomes enforceable against third parties.
Grant
If the patent application do not encounter obstacles, it will be granted.
Timeframe
Once all the formal requirements have been complied with, issuance of a DRC patent can be expected within about two (2) to three (3) years after the application filing date.
Duration
Patents of invention are granted for a maximum term of 20 years. Patents of invention relating to pharmaceuticals are granted for a maximum term of 15 years. Both of these periods are calculated from the filing date of the application. Patents of importation expire at the same time as the foreign patent on which they are based. Patents of improvement expire at the same time as the parent DRC patent on which they are based.
Annuities
Maintenance fees per year are payable on granted patents and pending applications.
The following subject matters is not are patentable in Democratic Republic of the Congo:
* theoretical or purely scientific principles and conceptions.
* creations that are purely ornamental in character.
* financial or accounting methods, the rules of games and all other systems having an abstract character, including, in particular, programs or a series of instructions for carrying out the operations of a computer (ie computer programs).
* subject matter, the publication or use of which would be contrary or present a threat to public order, the security of the state or public decency.
* the discovery of an object that already exists in nature.
TRADEMARKS
Trademark Law of Democratic Republic of the Congo (DRC)
The trademarks in DRC are governed by
* Industrial Property Law No 82-001 of 1982
* Industrial Property Regulations, 1989
* The Democratic Republic of the Congo (DRC) is a member of the Paris Convention and the WTO/TRIPS.
* In the Democratic Republic of the Congo, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction.
Classification
The International Classification of Goods and Services (Nice Classification) is applied. Multi-class applications are not possible.
Priority
The DRC is a member of the Paris Convention. An applicant who has applied for a trade mark in another convention country is entitled to a priority right to be accorded the same date as the earlier application.
The following documents are required for Trademarks in Democratic Republic of the Congo:
* Power of attorney (simply signed), in French. A separate POA is required for each application.
* Certified copy of priority document (if applicable), with certified French translation.
Democratic Republic of the Congo Trademark Registration Procedure
Filing
An application is filed at the Department of Industrial Property or a regional department of government.
Examination
Applications are examined for formal and substantial requirements and conflict with prior registrations or pending applications.
Publication
If the application meets the formal and substantive requirements for registration, it will be published.
Opposition
The Industrial Property Law makes no provision for opposition. However, any interested party, including the Public Minister, may invoke the nullity of a mark.
Grant
The applicant will be notified that the application has proceeded to grant. The registration certificate will be issued after publication.
Timeframe
The timeframe for filing to registration in DRC is from 11 to 12 months, approximately.
Duration
Trade marks are registered for a period of 10 years from the filing date. A mark registration is renewable upon request for further periods of 10 years, and upon the payment of the prescribed fee. A grace period of six (6) months is allowed for such payment, provided that a penalty is paid.
Use requirement and cancellation of Trademarks in DRC
A mark must be used in the course of trade within three years of the date of its registration, failing which interested persons may apply to cancel the registration.
Grounds for cancellation/removal of a trade mark in DRC
Any interested party can invoke the nullity of a mark if it can be shown that the mark should not have been accepted for registration on the specific grounds set out in the law, including that the mark –
* is not distinctive, is descriptive/generic or purely laudatory
* is contrary to public order or decency
* embodies a protected symbol or coat of arms
* contains indications that are likely to deceive the public
* in the case of a collective mark, the rules and regulations governing the use of the mark concerned were not submitted together with the application.