African Regional Intellectual Property Organization (ARIPO)
Algeria
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Trade Mark Services & Trade Mark Lawyers
Patent
Design
Burundi
Forms part of
OAPI
ARIPO
International Arrangements
Burundi is a party to the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Burundi follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 3 months. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after acceptance. It is possible to oppose a trade mark within 30 days of the date of publication.
Common Law and Well-Known Trade Marks
Burundi is a first to file jurisdiction and there is no statutory provision for the protection of common law trade mark rights. Well-known trade marks in terms of the Paris Convention are, however, recognised and enforceable in Burundi.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
Forms part of
OAPI
ARIPO
International Arrangements
Although Burundi is a member of both the Paris Convention and the PCT, the national laws have not been amended to provide for filing through the Paris Convention or the PCT.
Types of Patents
Patents of invention.
Novelty Requirements
Absolute novelty.
Grace Period/Prior knowledge excused
No grace period is applicable.
Examination procedure
Formal examination is conducted and Substantive examination is carried out with regard to novelty only.
Duration and Maintenance
A patent has a duration of 20 years from the date of filing. However, if the patent is granted more than 4 years after the filing date, the duration of the patent will be extended by that period.
Working requirement
There are no working requirements.
Forms part of
OAPI
ARIPO
International Arrangements
Convention priority may be claimed through the Paris Convention.
Types of Designs
A design registration may be obtained for any design or model which gives an article a novel aspect or original shape.
Classification
Classification is done according to the Locarno International Classification of Designs.
Novelty Requirements
Absolute novelty.
Grace Period/Prior knowledge excused
A 12-month grace period applies where the design was disclosed by the inventor or a third party.
Examination procedure
Only formal examination is conducted.
Duration and Maintenance
A registered design is effective for 5 years from the filing date, which is renewable for 2 further terms of 5 years each, for a maximum duration of 15 years.
Working requirement
If a design fails to satisfy the local demand, the government may issue compulsory licenses.
10th edition