Patent Law in Eritrea
Due to the existing administrative problems at the Eritrea Patent & Trademark Office, still the patent department is not functional.
Cautionary Notices (-C.N.)
Arabic and Tigrinya, Afar (Danakil).
Eritrea is a member of the following international agreement
* WIPO Convention (since 1997)
The measure of protection in practice is by publishing cautionary notices at regular intervals in local Arabic/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 in Eritrea:
• Patent's title
• Patentee's name
• Address and nationality
• Inventors' names
• Priority claims
Trademark Law in Eritrea
There is no legislation that provides for the protection of trademarks the Eritrea. Trademark protection is acquired by sufficient public recognition.
As there is no method for protecting trademarks in the Eritrea, there is no classification system used.
Trademark Protection Procedure in Eritrea
Protection of trade marks is only acquired by way of common law, i.e., by publishing cautionary notice in the leading newspaper. A cautionary notice may be published for multiple-classes or separate cautionary notices may also be published for each class.
An application can include goods or services in any number of classes, but with additional charges (publication fees with the newspaper company) for each additional class.
This entire process of acquiring trademark protection by Publishing a cautionary notice may take approximately 3 to 4 weeks time.
National Opposition Period
By publishing a cautionary notice in the leading newspaper in Eritrea as per common law, the public at large are made aware of the sole ownership/proprietorship on the mark and in case of any infringement, the same may be brought to the notice of the Court.
Since there is no trademark law in the Eritrea, protection of trademarks is only by way of common law, i.e., by publishing a cautionary notice in the leading newspaper. Therefore, there is no provision for renewal of the mark. However, it is recommended that the cautionary notice(s) be re-published every two to three years.