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INTELLECTUAL PROPERTY RIGHTS IN DJIBOUTI

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Opposition Term

N/A

Registration Term

10 Years

First Renewal Term

10 Years

Subsequent Renewal Term

10 Years

  • In Djibouti, all the trademark applications must be filed with the Office of Industrial Property and Commerce (ODPIC).

  • Multi-class trademark applications are possible.

  • The 11th edition of Nice Classification is accepted by the trademark office. There is no opposition period in Djibouti.

  • A registered trademark may be subject to a cancellation action by any interested party if it has not been used for five (05) consecutive years.

  • The registered trademarks have a validity of ten (10) years from the date of application in Djibouti, which can be further renewed indefinitely for periods of ten (10) years. The trademark renewal can be requested six (06) before the expiration date.

  • Djibouti is a member of the Paris Convention.

  • The Law No. 50/AN/09/6 L on the Protection of Industrial Property deals with the mechanism of patent protection in Djibouti.

  • Process Patent and Product Patent are the two types of patents that can be protected in Djibouti.

  • In Djibouti, any invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.

  • The types of patent applications in Djibouti include PCT National Phase Application, Divisional Application, Patent of Addition, and Patent of Importation (Patent of Introduction).

  • Utility Model Protection is not available under the patent law.

  • The time-period for the PCT National Phase Filing is thirty (30) months.

  • Opposition against a patent application can be raised both at the pre-grant and post-grant stage. At the pre-grant stage, any third party may raise an opposition any time after the patent gets published, but before it is granted. And, for the post-grant scenario, an opposition can be raised within three (03) months from the date of publication of the patent grant.

  • The patent of invention lasts for twenty (20) years in Djibouti.

  • The time frame for payment of Annuities before the due date is six (06) months.

  • Djibouti is a member of the Paris Convention.

  • The Law No. 50/AN/09/6 L on the Protection of Industrial Property deals with the mechanism of registration of industrial designs.

  • The types of industrial design applications in Djibouti include only the Convention Application.

  • Utility model protection isn't provided under industrial design protection in Djibouti.

  • Opposition against an industrial design application can be raised within three (03) months from the date of publication of the industrial design in the official gazette.

  • 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 Djibouti.

  • Djibouti is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.

  • The Djibouti Copyright Law No. 154/AN/06 of July 23, 2006, deals with the mechanism of copyright protection.

  • 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. However, the duration of copyright protection varies depending on the type of work.

  • For a cinematographic work, the copyright protection term lasts for fifty (50) years from the date when the work was made lawfully accessible to the public with the author's consent. For photographic works or works of applied art, the copyright protection term lasts for twenty-five (25) years from the production of the work.