Industrial Designs Law in Djibouti
Djibouti's industrial design protection is governed by Law No. 50/AN/09/6th L, enacted on July 19, 2009, which came into effect on June 9, 2012. This law established a comprehensive framework for protecting industrial property, including patents, trademarks, and industrial designs .
Key Provisions of Djibouti's Industrial Designs Law
1. Eligibility and Ownership
Ownership: The creator of an industrial design or their successors hold the rights, with the first applicant presumed to be the creator unless proven otherwise.
Joint Ownership: In cases of joint creation, all co-creators or their successors share the rights equally.
Exclusions: Designs dictated solely by technical function are not eligible for protection .
2. Registration Process
Application Requirements: To register an industrial design, applicants must submit:
A request for registration
The applicant's name and address
A graphic or photographic representation of the design
A description of the design
The product(s) to which the design is applied
Payment of the prescribed fees
Filing Class: Applications must adhere to the Locarno Classification system, allowing up to 100 designs per application if they belong to the same class .
3. Protection Duration and Renewal
Initial Term: Protection lasts for 5 years from the filing date.
Extensions: The term can be extended twice, each for 5 years, totaling a maximum of 15 years.
Renewal: Renewal fees must be paid within 6 months before expiration, with a 6-month grace period available upon payment of a penalty .
4. Opposition and Lapse
Opposition: Third parties can oppose a design registration within 3 months of its publication in the official gazette.
Lapse: The registration may lapse if it was obtained in violation of specific provisions, such as those concerning morality or public order .
5. Enforcement and Legal Measures
Seizure: Industrial designs can be seized based on a court order, with specific procedures for notification and confirmation of the seizure .
6. International Treaties
Paris Convention: Djibouti is a member, allowing applicants to claim priority for industrial designs filed in other member countries .
Filing Requirements
Documents Needed:
A simply signed and stamped power of attorney
Three sets of the design representation
A summary description of the design
A certified copy of the priority document, if applicable
Priority Claim: If claiming priority, the priority document must be filed within 3 months, and late submissions are not accepted .
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