PATENTS
 

Patent Law of Djibouti
* Law no 50/AN/09/6th L of 2009 on the Protection of Industrial Property
* Decree no 271/PR/MCI of 2009 on the Industrial Property Djibouti Office (ODPIC) 

Languages: French, Arabic (official languages)

Djibouti is a member of the following international agreements:
* Berne Convention (since 2002)
* Paris Convention (since 2002)
* WIPO Convention (since 2002)
* WTO/TRIPS (since 1995)

Patent protection
As indicated above, at the time of writing it was not clear whether the 2009 Law, which will introduce patent protection to Djibouti, had become fully effective. The previous IP legislation in Djibouti only made provision for the filing of trade marks, designs and models. Furthermore, although the Djibouti Industrial Property Office has been established by law, it has. apparently not yet become fully operational, so that a formal procedure for obtaining patent protection was not available at the time of writing.

Classification
The Locarno Classification is applied.

Priority
Since Djibouti is a member of the Paris Convention, convention priority may be claimed from an earlier application filed not more than six months before.

Filing requirements for Patent Design in Djibouti:
* Full particulars of the applicant
* Power of Attorney (simply signed), in French
* Specimen of the article embodying the design, or representations of the design
* Certified copy of priority document (if applicable), with French translation
* Assignment document (if applicable; simply signed), with a French translation.
Examination
Formalities examination is conducted.
Opposition
No provisions.
Priority
Djibouti is a member of the Paris Convention. Accordingly, priority can be claimed.

TRADEMARKS

Trademark Law of Djibouti
* Law No 50/AN/09/6th L of 2009 on the Protection of Industrial Property
* Decree no 271/PR/MCI of 2009 on the Industrial Property Djibouti Office (ODPIC)
* In Djibouti, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction.
* Djibouti is a member of the Paris Convention and the WTO/TRIPS.

Documents required:
Power of Attorney, simply signed. One POA for each application at the moment of filing a trademark (a scan or the original document).

Priority
(if priority is claimed) Copy of home application, certified by the relevant Trademarks Office as a true copy thereof.

Classification
Trademarks in Djibouti are categorized in accordance with the International Classification of Goods and Services under the Nice Classification; Multi-class applications are prohibited, separate classification of goods for which the trademark is to be registered, shall be filed by separate application.

Djibouti Trademark Registration Procedure
Filing
The trademark application is filed at the  Industrial Property Djibouti Office (ODPIC)
Examination
Trademark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after registration.
Publication
The trademark application is published for one month in the Official Gazette of Djibouti.
Opposition
There is not provisions for opposition. However, Cancellation Procedure is allowed after Publication.
Grant
If not obstacles are presented then the trademark application is registered.
Timeframe
The total time from filing to registration is approximately 6 months. 
Duration
The Trademark registration and protection lasts for 10 years from the filing date. The Trademark registration is renewable indefinitely for periods of 10 years. The trademark renewal can be requested during the grace period of six (6) months after expiration, upon payment of a late renewal fee.
Grounds for cancellation/removal of a trade mark in Djibouti
The only grounds for revocation that are expressly recognised in terms of the legislation are:
* non-use (see the section on Use requirement and cancellation below), and
* cancellation of a mark that is confusingly similar to a well-known mark in terms of the Paris Convention.
Use requirement and cancellation in Djibouti
Use of a registered trade mark is a requirement. Non-use for a period of five consecutive years or more renders a trade mark vulnerable to cancellation, except where the proprietor can show that the non-use was due to a legitimate reason.