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Djibouti: New Patents and Industrial Designs Regulations

August 7, 2012

The regulations implementing Industrial Property Rights Law no. 50/AN/09/6ème L (issued on April 27, 2009) came into force in Djibouti on November 25, 2011 by virtue of Official Decree no. 2011-079.
The main features of the new Law are as follows:

Patents

Filing Requirements

1- Power of attorney, simply signed.
2- Deed of assignment from the inventor(s), simply signed.
3- 2 copies of the abstract, claims and specifications in English.
4- 2 sets of drawings.

Items 1 to 4 must be submitted at the time of filing.

Opposition
No provisions.

Search
Not possible.

Examination
As to novelty, inventive step and industrial applicability

Annuities
A maintenance fee is due annually on the anniversary of the filing date and is payable for consecutive periods of 5 years from the date of filing. There is a 6-month grace period for late payment with a surcharge.

Protection Term
The term of protection is 20 years from filing date.

Compulsory Licensing
A patent has to be worked. If the patent is not being fully exploited by the patentee within 3 years from the date of grant or 4 years from the filing date, the patent will be subject to compulsory licensing under the provisions of the law.

Industrial Designs

Protection Term
5 years from filing date.

Examination
As to novelty, inventive step and industrial applicability.

Filing Requirements
1- Power of attorney, simply signed.
2- 3 copies of the representations of the design.
3- Description of the design.
4- Official copy of earlier filing, if applicable.
5- Copy of priority document, if priority is claimed, certified.
 Items 1 to 5 must be submitted at the time of filing.

Renewal
For two consecutive terms of 5 years each.

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