Previously, belated submission of the documents (within 3 months from application date) was extendable for an additional one month. Now the new regulation states that it is not possible to apply for extension of time (the 1 month allowance) after expiration of the 3 months period, and failing to submit documents in due time will result in lapsing of the application.

If you have any questions please contact oman@qumsieh.com.

Our Djibouti office is now ready to handle your IP applications (Trademarks, Patents, Industrial Designs, and integrated Circuits).

Accordingly, the new law now extends IP protection to patents, industrial designs, and integrated circuits; this was not available before now; under the old procedure only trademarks could be protected by the interested parties who had to submit a petition before the court.

Essential features of the legislation are as follows below for each heading of IP:

1. Trademarks

1.1 Filing

Required documents:

• Simply signed power of attorney. The name and capacity of the signatory should be indicated.

Notes:

• The power of attorney should be filed with the application as late filing of documents is not allowed.

General information on filing:

• Djibouti follows Multi-Class filing system.
• Classification of goods / services: 10th Edition of Nice Classification.
• Registrable signs: word mark, figurative mark, denominative mark, combined mark, three-dimensional mark, sound mark, olfactory mark, collective mark.
• Time from filing to registration: 5 days.
• Claiming priority under Paris Convention: Yes.
• Protection (registration) duration: 10 years.
• Renewal application can be made within: 6 months before expiry.
• Filing International Registration under Madrid Agreement: No.
• Filing International Registration under Protocol to Madrid Agreement: No.
• Examination type: Substantive examination – it is done immediately upon receiving the application.
• Publication: Djibouti Office (ODPIC) publishes the trademarks in the weekly local newspaper “La Nation”.
• Opposition period: no opposition system.
• Cancellation action: Can be done before the Registrar within 6 months from the date of publication in the local newspaper (after registration) if cancellation initiated after this period, it has to be done before the court.

1.2 Renewal

Required documents:

• Simply signed power of attorney.

Notes:

• The power of attorney should be filed with the application as late filing of documents is not allowed.

General information on renewal:

• Renewal duration: 10 years.
• Grace period to renew after expiration: 6 months restoration with penalty charge.

1.3 Search

Required documents:

• No documents are required.

General information on search:

• Method of conducting the search: Computerized.
• Time required completing the search: Within 24 hours.

1.4 Assignment

Required documents:

• Simply signed power of attorney.
• Deed of assignment notarized.

Notes:

• All documents should be filed with the application as late filing of documents is not allowed.

1.5 Merger

Required documents:

• Simply signed power of attorney.
• Notarized deed of assignment.

Notes:

• All documents should be filed with the application as late filing of documents is not allowed.

General information on merger:

• Time period of the license: Defined by the contract agreement.

1.6 Recordal of Change

Required documents:

• Simply signed power of attorney.
• Certificate of change of applicant name / address notarized.

Notes:

• All documents should be filed with the application as late filing of documents is not allowed.

2. Patents

2.1 Filing

Required documents:

• Power of attorney simply signed stamped and sealed by the applicant and the name and capacity of the signatory should be indicated clearly on the PoA.
• Three copies of specifications, claims and drawings in translation to be provided within 3 months from filing date.
• Certified copy of the priority document in case priority is to be claimed (must be filed within 3 months – non extendable).

Novelty and Disclosure requirements:

• Absolute disclosure required. In case of disclosure in exhibitions or without approval and knowledge of the inventor, grace period of 12 months is given.

General information on filing:

• Protection duration: 20 years.

2.2 Annuities

Payment of annuities:

• 1st annuity (from 1st to 5th year).
• 2nd annuity (from 6th to 10th year).
• 3rd annuity (from 11th to 15th year).
• 4th annuity (from 16th to 20th year).

2.3 Assginment

Required documents:

• Power of attorney simply signed by the applicant stamped and sealed by the applicant, and the name and capacity of the signatory should be indicated clearly on the PoA.
• Certified copy of the deed contract along with certified translation into French.

2.4 Merger

Required documents:

• Power of attorney simply signed by the applicant stamped and sealed by the applicant, and the name and capacity of the signatory should be indicated clearly on the PoA.
• Certified copy of the deed of merger contract along with certified translation into French.

3. Industrial Designs

3.1 Filing

Required documents:

• Power of attorney simply signed stamped and sealed by the applicant and the name and capacity of the signatory should be indicated clearly on the PoA.
• Three sets of the representation of the design.
• Summary description of the design.
• Certified copy of the priority document in case priority is to be claimed (must be filed within 3 months – non extendable).

General information on filing:

• Protection duration: Industrial Designs and models are protected for five years. The term of five years may be extended for two further consecutive periods each of five years. As such, the total protection period is 15 years.

3.2 Renewal

General information on renewal:

• Renewal fees should be paid to maintain the industrial design in force before 6 months of expiration with a grace period of 6 months, but with payment of a fine.

4. Integrated Circuits

4.1 Filing

Required documents:

• Power of attorney simply signed stamped and sealed by the applicant and the name and capacity of the signatory should be indicated clearly on the PoA.
• Three copies of specifications, claims and drawings in translation can be provided within 3 months from filing date.
• Certified copy of the priority document in case priority is to be claimed (must be filed within 3 months – non extendable).

Novelty and Disclosure requirements:

• Absolute disclosure required.

General information on filing:

• Protection duration: 10 years from filing date.

For more information please contact djibouti@qumsieh.com.

Accordingly, the filing requirements for patents, trademarks and designs are as follows:

Filing applications:

• A simply signed power of attorney clearly indicating the name and capacity of the signatory along with the company stamp.
• Certified copy of priority document if claimed.

Recordal of change of name:

• A simply signed power of attorney clearly indicating the name and capacity of the signatory along with the company stamp.
• Certified copy of the commercial register or any equivalent document.

Change of address:

• A simply signed power of attorney clearly indicating the name and capacity of the signatory along with the company stamp.
• Certified document attesting the new address, notarized.

Assignment:

• A simply signed power of attorney clearly indicating the name and capacity of the signatory along with the company stamp.
• Legalized Deed of assignment.

In addition to the above requirements, a declaration verifying the accuracy of the Power of Attorney should be filed by the legal representative.

The Registrar’s decision became effective as from 13 September 2011.

Should you need more assistance, please contact gaza@qumsieh.com.