Djibouti

Trade Mark

Forms part of

No
ARIPO
No
OAPI
No
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

10th Edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Djibouti is a party to the Paris Convention for Protection of Industrial Property, however, the law contains no provision for claiming priority under the Paris Convention. It is therefore uncertain whether priority can be claimed, but in practice the Registrar does take priority claims into account.

Classification

Djibouti follows a multi-class filing system and recognises both goods and services classes in terms of the 10th Edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 1 month. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after registration. There is no provision for opposition proceedings.

Common Law and Well-Known Trade Marks

Djibouti is a first to file jurisdiction and common law trade mark rights are not recognised. Well-known trade marks in terms of the Paris Convention are recognised.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are not possible.

Patent

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

  • Paris Convention for the Protection of Industrial Property; 
  • Convention Establishing the World Intellectual Property Organization (WIPO);
  • Agreement concerning the Trade-Related Aspects of Intellectual Property (TRIPS); and
  • Patent Cooperation Treaty (PCT).

Types of Patents

  • Patents of invention; and
  • Patents/certificates of addition.

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

A grace period of twelve months prior to the filing date applies for certain acts.

Examination procedure

Patent applications are examined as to compliance with formal requirements only; i.e. the novel and inventive merit of the invention is not assessed, even though Djibouti’s patent law provides therefor.

Duration & Maintenance

Patents are valid for twenty years from the date of filing the patent application.

Maintenance fees are payable on the fifth, tenth and fifteenth anniversaries of the date of filing.  There is a six-month grace period for affecting late payment of the maintenance fees.

Working Requirement

A patent must be worked within three years for the date of grant or four years from the date of filing, whichever is the later.  A compulsory license may be granted for a patent which is not being worked.

Design

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

  • Paris Convention for the Protection of Industrial Property; 
  • Convention Establishing the World Intellectual Property Organization (WIPO); and
  • Agreement concerning the Trade-Related Aspects of Intellectual Property (TRIPS).

Types of Designs

An industrial design is defined as any arrangement of lines or colours or three-dimensional shape which gives a special appearance to an industrial or craft product and which may serve as a pattern for the manufacture of same.

Classification

The Locarno International Classification is used even though Djibouti is not a party to the Locarno Agreement.

 

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

There is a twelve-month grace period.

Examination procedure

Design applications are examined as to compliance with formal requirements only; i.e. the novelty of the design is not assessed.

Duration & Maintenance

The duration of an industrial design is fifteen years from the date of filing: Provided renewal fees are paid on the fifth and tenth anniversary of the date of filing. 

Working requirement

There is no working requirement for industrial designs in Djibouti.