INTELLECTUAL PROPERTY RIGHTS IN AFGHANISTAN
Opposition Term |
01 Month |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
The Trademark Registration Law of 2009 (amended in 2015) is the primary law governing the mechanism of trademark registration in Afghanistan.
Afghanistan is a member of the Paris Convention, WIPO, and Madrid Protocol.
Afghanistan is a 'first to file' jurisdiction, which implies that it is compulsory to obtain trademark registration for protecting and enforcing one's trademark.
It follows the 9th edition of Nice Classification. However, goods under Class 33 are prohibited in Afghanistan. Multi-class trademark applications are not acceptable.
The third parties can file opposition actions against a trademark application within one (01) month following its publication in the official gazette.
In Afghanistan, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The trademark law in Afghanistan hasn't mentioned any grace period for the late filing of trademark renewal applications; however, in practice, the trademark office accepts the renewal applications within a delay of one (01) month.
The period for cancellation of a registered trademark based on non-use is three (03) years from the date of registration.
The Law on the Support of the Rights of Authors, Composers, Artists, and Researchers has been governing copyright protection in Afghanistan since 2008.
In 2018, the Islamic Republic of Afghanistan became a member of the Berne Convention, which protects the literary and artistic works and the rights of their authors. It is also a signatory to the TRIPS Agreement. The Ministry of Information and Culture is the main body, which implements the law.
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.
Works published or broadcasted during the life cycle of the author are protected for fifty (50) calendar years after his/her death unless the author decides differently.
Joint works published or broadcasted during the life cycle of the authors are protected for fifty (50) years after the death of the last author.
Audio-visual works are protected for fifty (50) years - effective from the first year of the publication or broadcast.
Photography and painting works are protected for fifty (50) years effective from the first year of publication and broadcast.