JEE Africa

Paris Union

Law no 50/AN/09/6^th L was enacted in 2009 and was due to come into force six months after publication in the Official Journal. Publication occurred on 25 May 2011 so that the Law has, in theory, become effective on 25 November 2011. However, the Law has as yet not been implemented.

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

There is provision (under French legislation previously promulgated in Djibouti and in force since independence in 1977), for the registration of trade marks in respect of goods and services. There is also provision for the registration of collective marks.

The International classification of goods and services are applicable.

Types of Trademarks registrable

Service marks are registrable. Collective, certification and Defensive marks are available. Multi class applications are acceptable.

Documents required for trademark registration

1. A simply signed Power of Attorney in duplicate (not legalized)

2. Prints of the mark except for word marks in ordinary type

3. Specification of goods in French

4. Copy of corresponding basic registration (where applicable)

5. Full details of the applicant

Renewals

Valid for an initial period of 10 years counting from the date of filing and renewal every 10 years thereafter

Documents Required for Assignment Applications

1. Simply signed power of attorney

2. Notarized deed of assignment

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/ Name Applications

1. Simply signed power of attorney

2. Certificate of Change of Name or Address duly notarized

License Applications

1. Simply signed power of attorney

2. License Agreement with French Translation

Note: On 23 June 2016, the Minister Delegate to the Ministry of Economy and Finance, Hassan Houmed Ibrahim deposited Djibouti’s instrument of accession to the PCT with WIPO. The Treaty will enter into force in Djibouti on 23 September 2016. With the accession of Djibouti, the PCT has reached the milestone of 150 member states.

Law no 50/AN/09/6^th L was enacted in 2009 and was due to come into force six months after publication in the Official Journal. Publication occurred on 25 May 2011 so that the Law has, in theory, become effective on 25 November 2011. However, the Law has as yet not been implemented.

Likewise, although the Industrial Property Office was to be established by the above Decree, it is not clear whether the office is fully operational as yet. Accordingly, it is not clear whether patent protection can be obtained at this time.

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

As indicated above, at the time of writing it was not clear whether the 2009 Law, which will introduce patent protection to Djibouti, had become fully effective. The previous IP legislation in Djibouti only made provision for the filing of trade marks, designs and models. Furthermore, although the Djibouti Industrial Property Office has been established by law, it has apparently not yet become fully operational, so that a formal procedure for obtaining patent protection was not available at the time of writing.

In the Djibouti, 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 simply signed

2. 3 copies of the specifications, claims and drawing with French translation

3. Certified copy of the Priority claim

4. Details of the Applicant/Inventor

Law no 50/AN/09/6th L was enacted in 2009 and was due to come into force six months after publication in the Official Journal. Publication occurred on 25 May 2011 so that the Law has, in theory, become effective on 25 November 2011. However, the Law has as yet not been implemented.

Djibouti is a member of the Paris Convention and the WTO/TRIPS. Design protection is available by way of a national filing.

DESIGNS

1. Power of Attorney (simply signed)

2. Graphic or photographic reproductions of the design

3. The title in French of the product or products which constitute the industrial design or in relation to which the industrial design is to be used.

4. An indication in French whether the product or products constitute the industrial design or are products in relation to which the industrial design is to be used.

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

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 late payment of renewal fees.

Djibouti is a member of the Berne Convention and the WTO/TRIPS so that copyright works are expected to be protected.

The following works are eligible for copyright:

• written works such as books, pamphlets and other literary or scientific works

• oral works such as lectures, speeches, sermons

• stage directions, such as dramatic and dramatic-musical works, choreographic or pantomime works

• musical compositions

• artistic works such as drawings, paintings, engravings, lithography

• works of applied art, such as tapestries, handicrafts

• works of architecture, drawings, models and the building itself

• sculptures, bas-reliefs, mosaics

• photographic works

• cinematographic works

• maps, illustrations, plans, sketches and moulded works relating to geography, topography, etc

• computer programs

• derivative works, such as translations, adaptations, transformations of works and of expressions of folklore

• collections of works and of expressions of folklore.