Republic of the Congo

Trade Mark

Forms part of

No
ARIPO
Yes
OAPI
No
MADRID
No
SERVICE CLASSES
No
WELL-KNOWN TRADE MARKS RECOGNISED?
No
NICE CLASSIFICATION
Congo is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to register a trade mark nationally in Congo.

OAPI

ARIPO

Patent

Forms part of

No
ARIPO
Yes
OAPI
Yes
PARIS CONVENTION
Yes
PCT
Congo is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to file a patent application nationally in Congo. Patent and design protection only available by filing OAPI

OAPI

ARIPO

International Arrangements

Paris Convention for the Protection of Industrial Property; and Convention Establishing the World Intellectual Property Organization (WIPO).

Types of Patents

  • Patents of invention;
  • Patents of addition (improvement to an invention described under an existing patent); and
  • Patents of importation (i.e. an article that is patented under the laws of another jurisdiction may be extended to the Democratic Republic of the Congo).

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

There is a six-month grace period.  The novelty of an invention will not be destroyed by the disclosure of the invention within six months prior to the filing date on account of:

  • an evident abuse in relation to the applicant or their predecessor in title;
  • or the display of the invention by the applicant or their predecessor in title at an official or officially recognised exhibition.

 

 

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.

Duration & Maintenance

Patents are valid for twenty years from the date of filing the patent application.  Importantly, patents pertaining to a medicament endures for fifteen years only.

Annual renewal fees are due from the third year from the date of filing of the patent application and are payable in advance.  There is a six-month grace period for affecting late payment of the annual renewal fees.

Working Requirement

A patented invention must be worked in the Democratic Republic of the Congo.  “Work” means “effective technical exploitation”.  A patent of invention or patent of addition should be worked within five years from the filing date or three years from the date of grant, whichever is later.

Design

Forms part of

No
ARIPO
Yes
OAPI
Yes
PARIS CONVENTION
Congo is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to register a design nationally in Congo. Patent and design protection only available by filing OAPI

OAPI

ARIPO

International Arrangements

Paris Convention for the Protection of Industrial Property; and Convention Establishing the World Intellectual Property Organization (WIPO).

Types of Designs

An industrial design is defined as:

  • any combination of lines and/or colours intended to give a special appearance to any object of industry or handicraft.
  • any three-dimensional shape, whether or not associated with colours and any object of industry or handicraft that may serve as a pattern for the manufacture of other articles and is distinguished from similar objects or shapes either by a different recognisable configuration which gives the shape a novel character or by one or more outer effects which give it a specific novel appearance.

Classification

The Locarno International Classification is used.

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

There is a six-month grace period. The novelty of a design will not be destroyed by the disclosure of the design within six months prior to the filing date on account of:

  • an evident abuse in relation to the applicant or their predecessor in title;
  • or the display of the design by the applicant or their predecessor in title at an official or officially recognised exhibition.

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

A design is valid for five years from the filing date and may be renewed for a further five-year period; i.e. the maximum term of a design is ten years.

Working requirement

A design may not be renewed for another five years if same was not worked in the Democratic Republic of the Congo