INTELLECTUAL PROPERTY RIGHTS IN BURUNDI
Opposition Term | 30 days |
Registration Term | 10 Years | First Renewal Term | 10 Years |
Subsequent Renewal Term | 10 Years |
In Burundi, the trademark applications must be filed with the trademark office of the Ministry of Trade, Industry, and Tourism.
Multi-class trademark applications are possible.
A trademark application may include goods and/or services in any number of classes but with extra charges for every additional class from the 4th class.
The 11th edition of Nice Classification is accepted by the trademark office.
The exclusive right to use a trademark in Burundi is limited to the exact configuration or way in which it was originally filed and registered. If an applicant wishes to use only the word element separately from the registered logo or vice versa, then it is highly advisable to file another trademark application only for the word or figurative elements.
Interested third parties may initiate opposition proceedings against the proposed trademark within thirty (30) days following its publication in the trademarks journal.
The trademark registration term is valid for ten years from the date of application, which can be further renewed indefinitely for periods of ten (10) years.
Burundi is a member of the Paris Convention.
The Law No. 1/13 of July 28, 2009, relating to Industrial Property in Burundi deals with the mechanism of patent protection.
Process Patent and Product Patent are the two types of patents that can be protected in Burundi.
In Burundi, any invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.
The types of patent applications in Burundi include Convention Application and Patent of Importation (Patent of Introduction).
Utility Model Protection is not available under the patent law.
Opposition against a patent application can be raised at the pre-grant stage. At the pre-grant stage, any third party may raise an opposition after the patent gets published, but before it is granted, which is usually within three (03) months of publication.
The patent of invention lasts for twenty (20) years in Burundi.
The time frame for payment of Annuities before the due date is six (06) months.
Burundi is a member of the Paris Convention.
Law No. 1/13 of July 28, 2009, relating to Industrial Property in Burundi, deals with the mechanism of registration of industrial designs.
The types of industrial design applications in Burundi include only the Convention Application.
Utility model protection isn't provided under industrial design protection in Burundi.
Opposition against an industrial design application can't be raised in Burundi.
The total duration of an industrial design registration is fifteen (15) years from the date of application. The initial term of registration is five (05) years, which is further extendible for two terms of (05) five years each upon payment of the renewal fee.
There is a grace period of six (06) months to renew an industrial design in Burundi.
Burundi is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The provisions of Act No. 1/021 Of December 30, 2005, on the Protection of Copyright and Related Rights, deal with the mechanism of copyright protection in Burundi.
Copyright protection exists upon the creation of a literary or artistic work, and the creator doesn't need to register the work to enjoy copyright protection.
The standard copyright protection term lasts for the lifetime of the author plus fifty (50) years following his death (50 calendar years beginning from the end of the year of the author's death. However, the duration of copyright protection varies depending on the type of work.