The Democratic Republic of the Congo (DRC) is a member of the Paris Convention and the WTO/TRIPS. The Law provides for the registration of trade marks for goods and services, for collective marks, for manufacturing marks, and for national warranty marks. The Law states that the filing of a mark is compulsory for each commercial operator.

Applications may be filed as national applications and, in appropriate circumstances, claiming convention priority in terms of the Paris Convention.

The International classification of goods and services applicable

Types of Trademarks registrable

Service marks are registrable.
They operate a multi class system.
There are provisions for the registration of COLLECTIVE MARKS
No provisions for the registration of DEFENSIVE and SERIES MARKS.

International and Regional arrangements

Paris Union

Documents required for trademark registration

1. A simply signed Power of Attorney incorporating a French Translation ( in duplicate )
2. Ten prints of the mark except for word marks in ordinary type
3. Specification of goods
4. Certified copy of the home application if priority is to be claimed
5. Full details of the applicant

Renewals

Original certificate of registration required for endorsement
Valid for an initial period of ten years counting from the date of filing.
May be renewed for a further period of ten years
A grace period of six months is allowed

Documents Required for Assignment Applications

1. Simply signed power of attorney in duplicate
2. Deed of assignment in duplicate and legalized up to the Consulate
3. Original Certificate of Registration for endorsement

Change of Name Applications

1. Simply signed power of attorney in duplicate
2. Certificate of Change of Name in French
3. Original Certificate of Registration for endorsement

Change of Address Applications

1. Simply signed power of attorney
2. Certificate of Change of Address, notarized with verified French translation
3. Original Certificate of Registration for endorsement

License Applications

1. Simply signed power of attorney
2. License Agreement with French Translation

The Democratic Republic of the Congo (DRC) is a member of the Paris Convention and the WTO/TRIPS. Patent protection is available in the DRC by way of a national filing. The DRC is a signatory to the Paris Convention and a national filing can claim convention priority. The DRC is not a member of the PCT, ARIPO, or OAPI. It is to be noted that foreign applicants must be represented by an agent in the DRC.

In the Democratic Republic of Congo, PCT applications are not recognized as it is not yet a signatory to the PCT Treaty.

Filing Requirements for National Patent Applications

1. Power of Attorney in duplicate
2. 3 copies of the Specification in French or with certified French Translation
3. Priority claim in French or with certified French Translation
4. Details of the Applicant/Inventor

The Democratic Republic of the Congo (DRC) is a member of the Paris Convention and the WTO/TRIPS.

Protection for industrial designs is available in the DRC only by way of a national filing. As the DRC is a signatory to the Paris Convention, such a national filing can claim convention priority.

Filing Requirements

1. Power of Attorney (can be late filed).
2. Two identical copies of a specimen or photographic or graphic representation of the design, optionally accompanied by an explanatory caption in French (required on the day of filing).
3. Certified copy of priority document, if priority claimed, with verified French translation (can be late filed).

Duration and Renewal

Design registration is valid for an initial term of five years from the filing date, which is renewable upon payment of the required fees for a further term of five years. A grace period of six months is provided for late payment of the renewal fee.

The Democratic Republic of the Congo is a member of the Berne Convention, the Phonograms Convention and WTO/TRIPS.

The Law provides for copyright in respect of all works by authors, regardless of the type, the form of expression or the merit, including:

• books, pamphlets, brochures and other writings of a literary, artistic or scientific nature
• lectures, addresses, sermons, commentaries, whether oral or written
• dramatic and dramatico-musical works, including choreographic works, pantomimes
• musical works
• cinematographic and audiovisual works
• works of art, architecture, painting, drawing, sculpture, lithography, etc
• photographic works
• works of applied art or craft
• illustrations, geographical charts, plastic works relating to geography, topography, architecture
• works of folklore
• translations, adaptations, arrangements of works
• collections of works.