INTELLECTUAL PROPERTY RIGHTS IN THE DEMOCRATIC REPUBLIC OF THE CONGO
Opposition Term | 30 days |
Registration Term | 10 Years | First Renewal Term | 10 Years |
Subsequent Renewal Term | 10 Years |
In the Democratic Republic of Congo, all the trademark applications must be filed with the Directorate of Industrial Property.
Multi-class trademark applications are possible.
The exclusive right to use a trademark in the Democratic Republic of Congo 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.
The interested third parties may file opposition actions against a trademark application within one (01) month following its publication date in the Official Gazette.
In the Democratic Republic of Congo, a registered trademark may be subject to a cancellation action by any interested party if it has not been used for three (03) consecutive years.
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.
The Democratic Republic of the Congo is a member of the Paris Convention.
The Chapter 2 of the Industrial Property - Law No. 82-001 of January 7, 1982, deals with the mechanism of patent protection.
Process Patent and Product Patent are the two types of patents that can be protected in The Democratic Republic of the Congo.
In The Democratic Republic of the Congo, any invention that satisfies the conditions of novelty, inventive step, and technical usability, subjects to patentability.
The types of patent applications in The Democratic Republic of the Congo include Non-Convention Application, Convention Application, Divisional Application, Patent of Addition, 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 post-grant stage. At the post-grant stage, any third party may raise an opposition any time after the date of publication of the patent grant.
The patent of invention lasts for twenty (20) years in The Democratic Republic of the Congo.
The time frame for payment of Annuities before the due date is three (03) months.
The Democratic Republic of the Congo is a member of the Paris Convention.
Title 2 of the Industrial Property - Law No. 82-001 of January 7, 1982, deals with the mechanism of registration of industrial designs.
The total duration of an industrial design registration is ten (10) years from the date of application. The initial term of registration is five (05) years, which is further extendible for a term of five (05) years upon payment of the renewal fee.
There is a grace period of six (06) months to renew an industrial design in The Democratic Republic of the Congo.
The Democratic Republic of the Congo is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Ordinance-Law No. 86-033 of April 5, 1986, on the Protection of Copyright and Neighboring Rights, deals with the mechanism of copyright protection in The Democratic Republic of the Congo.
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 anonymous, pseudonymous, or posthumous works, the copyright protection term lasts for fifty (50) years from publication. For photographic works, the copyright protection term lasts for twenty-five (25) years from publication.