JEE Africa IP Practice: Burundi

Burundi is a member of the Paris Convention and the WTO/TRIPS.

The Law makes provision for the registration of trade marks for goods and services, collective marks, certification marks, and geographical indications, and for the protection of trade names.

Types of Trademarks registrable
In practice application for registration of Service marks are accepted.
Burundi operates a “single-class” registration system “(A separate application is required for each class of goods or services)
There are no provisions for the registration of COLLECTIVE, DEFENSIVE or SERIES MARKS

International and Regional Arrangements:
Burundi is a member of the Paris Convention for the Protection of Industrial Property and it is possible to claim priority.

Documents required for trademark registration

1. A simply signed Power of Attorney form (separate form required for each application) in French

2. Prints of the mark

3. Specification of goods

4. Full details of the applicant

5. Priority Document (if applicable)

Renewals
In agreement with the new Act, trade mark registrations which have effective dates (i.e. filing dates) after 28 July 2009 will fall due for renewal 10 years from the filing date

Documents Required for Assignment Applications

1. Simply signed power of attorney

2. Deed of assignment

3. Original Certificate of Registration for endorsement

Change of Name Applications

1. Simply signed power of attorney

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. Original Certificate of Registration for endorsement

License Applications

1. Simply signed power of attorney

2. License Agreement with French Translation

Burundi is a member of the Paris Convention and the WTO/TRIPS.

Patent protection is available by way of a national filing. Burundi is a member of the Paris Convention so that convention priority may be claimed. Burundi is not a member of the PCT so that applications cannot be filed in Burundi via PCT. However, the Law does provide that the Industrial Property Director must take into consideration an international search report and an international preliminary report issued under PCT.

Filing Requirements

1. Simply signed power of attorney

2. Specifications, claims and abstract in French

3. Formal drawings

4. Assignment of Priority Rights

5. Priority document and certified French Translation

6. Certified copy of foreign granted patent

Burundi is a member of the Paris Convention and the WTO/TRIPS.

Although regulations to implement the 2009 Law have not yet been promulgated, the 2009 Law is currently applied by the Registrar. Design protection is available by way of a national filing. Burundi is a member of the Paris Convention so that convention priority may be claimed.

Filing Requirements

1. Power of Attorney

2. Drawings, photographs or other appropriate graphic representations of the design

3. An indication of the kind of products for which the industrial design or model is intended to be used in French.

4. Certified copy of priority document, if priority claimed, with verified French translation

5. Assignment

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 two further terms of five years each. A grace period of six months is provided for the payment of the renewal fee after the deadline.

Burundi is not a member of the Berne Convention but is a member of the WTO/TRIPS.

There is no provision for the registration of copyright in Burundi; there are no formalities to be complied with.