
Sudan
The capital city of Sudan is Khartoum. Major languages spoken are Arabic & Nubian. Sudan’s economy is based mainly on agriculture. The International Classification of goods and services is applicable. Service marks are registrable.
- Capital: Khartoum
- Currency: Sudanese Dinar
- Population: 30.9
- Area: 1 886.068 km2
- GDP $ : $ 115.874 billion (2017)
- Internet domain: sd
- Languages: Arabic (official language) , English.
- Exports: Machinery and equipment; foodstuffs; manufactured goods; chemicals; textiles
- Imports: Cotton; sesame seed; meat; livestock; gum Arabic; sugar; oil and petroleum products
Sudan is a member of
- The Paris Convention
- The Madrid Agreement and Protocol.
Sudan is a member of ARIPO, it has not acceded to the Banjul Protocol.
Applications may be filed as national applications and, in appropriate circumstances, claiming convention priority in terms of the Paris Convention. Inasmuch as Sudan has not acceded to the Banjul Protocol, the Sudanese Trade Marks Act of 1969 does not provide for recognition of trade mark applications filed via ARIPO
Types of Trademarks registrable
Sudan operates a “Single-Class” registration system (A separate application is required for each class). There are provisions for the registration of COLLECTIVE MARKS. There are no provisions for the registration of CERTIFICATION MARKS, DEFENSIVE MARKS or SERIES MARKS.
Documents required for trademark registration
- Power of Attorney incorporating an Arabic translation.
- A certified extract of the entry of the applicant company in the commercial register or a certified copy of the Certificate of Incorporation
- Priority document (if applicable), with verified English translation
- Certified copy of the corresponding home application
International and regional arrangements
Sudan is a member of the Paris convention, the Harare Protocol and the Lusaka Agreement (ARIPO), and also the Madrid Agreement
Renewals
Trademarks are valid for an initial period of 10 years and renewable 10 years thereafter.
Renewals Documents
- Power of Attorney, incorporating an Arabic translation, either on the letterhead of the applicant, signed and stamped; or signed and notarised.
- N.B. Registered User entries must also be renewed.
Assignments/Mergers
- Power of Attorney, incorporating an Arabic translation, either on the letterhead of the applicant, signed and stamped; or signed and notarised.
- In the case of a merger: Certificate of Merger, with verified English translation.#
- In the case of an assignment:
- FORM TM11.#
- FORM TM12 signed before a Notary Public.#
- Certificate of Incorporation/Extract from Commercial Register relating to the assignee, with verified English translation.#
- Deed of Assignment, with verified English translation (must be recorded within 6 months of the effective date).#
Change of Name
- Power of Attorney, incorporating an Arabic translation, either on the letterhead of the applicant, signed and stamped; or signed and notarised.
- Certificate of Change of Name, with verified English translation.*
Change of Address
Power of Attorney, incorporating an Arabic translation, either on the letterhead of the applicant, signed and stamped; or signed and notarised.
Licences/Registered Users
- Power of Attorney, incorporating an Arabic translation, either on the letterhead of the applicant, signed and stamped; or signed and notarised.
- Declaration and Statement of Case, with verified English translation.#
- Licence Agreement, with verified English translation.#
# To be legalised up to a Sudanese Consul.
Sudan is a member of the Paris Convention, ARIPO (Harare Protocol), and the PCT.
Patent protection is available via a national filing or via an ARIPO application designating Sudan. Sudan has not yet implemented the Harare Protocol (which regulates patent and design filings in ARIPO). Accordingly, there is uncertainty regarding the enforceability of rights obtained through the filing of an ARIPO application designating Sudan.
Although it is possible to file PCT national phase applications in Sudan, the national law has not yet been amended to cater for the PCT. Accordingly, it is not clear whether enforceable rights will be obtained via PCT national phase filings in Sudan.
Filing Requirements:
National Phase PCT Application:
- Power of Attorney (signed under Corporate Seal or before a Notary Public)
- Specification, claims and abstract in English
- Abstract in Arabic
- Formal drawings, if applicable
- Certificate of Incorporation (legalised)
- Copy of Published International Publication
- Copy of International Search Report
- Copy of International Preliminary Report on Patentability
Patents of Invention (Non-PCT):
- Power of Attorney (signed under Corporate Seal or before a Notary Public)
- Specification, claims and abstract in English
- Title and abstract in Arabic
- Formal drawings, if applicable
- Certificate of Incorporation (legalised)
- Priority document with verified English translation
Grant:
The term of a patent is twenty years from the filing date
Renewal:
Renewal fees fall due annually commencing on the first anniversary of the filing date.
Sudan is a member of the Paris Convention and the ARIPO (Harare Protocol).
Design protection is available by way of a national filing or via an ARIPO application designating Sudan. As mentioned above, Sudan has not yet implemented the Harare Protocol (which regulates patent and design filings in ARIPO). Accordingly, there is uncertainty regarding the enforceability of rights obtained through the filing of an ARIPO application designating Sudan.
Filing Requirements:
- Power of attorney signed under Corporate Seal or before a Notary Public (can be late filed).
- Certificate of Incorporation (legalised) (can be late filed).
- A specimen of the material of which the industrial design is made or a photographic picture or sketch drawing of the industrial design in colour, if possible, or an architectural model or any other means of production which is shown by such representation (required on the day of filing).
- An indication of the method of production of the industrial design, and an indication of the class or classes to which it belongs.
- Certified copy of priority document, if priority is claimed, with verified English translation (can be late filed within three months
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 prescribed fees for two further terms of five years each. A grace period of six months is provided for late payment of renewal fees.
Sudan is a member of the Berne Convention.
The Act provides protection, without any formality, to any original intellectual work in the field of literature, science or arts, and whatever the manner of expression, including the following:
- written works such as books, magazines, periodicals, articles
- works of fine art such as sculpture, drawing, painting, decoration, works of applied art, works of artistic craftsmanship
- dramatic and dramatic-musical works, musical works with or without lyrics, musical and dancing plays, shows which are performed by movements or steps
- audiovisual works
- photographic works
- works of architecture
- computer programs
- electronic data banks
- all kinds of maps and sketches relative to topography, geography or science.
Copyright also extends to derivative works, such as –
- translations, adaptations, arrangements and transformations of works
- collections of protected works or non-protected materials, provided they constitute the result of intellectual effort.
Protection does not extend to:
- works that have fallen in the public domain
- official documents
- daily news published in newspaper, magazines or periodicals or broadcast
- ideas, methods, state emblems and symbols.
National folklore is deemed to be the property of the State.
