Details Design Registration Burundi
Here you can mandate us to obtain design protection in Burundi. We will prepare and file your design application in Burundi and inform you about the progress of proceeding.
The design of a product is one of the decisive factors for its market success. It can become an important asset of your company, particularly if it is a bestseller. We protect your design and file a request for a registered industrial design in Burundion. Our offer includes the fees of the patent office for registration, publication and registration.
A certificate of registration for an industrial design shall entitle its holder to prevent third parties from exploiting an industrial design registered in Burundi. Exploitation of a registered industrial design shall mean the manufacture, sale or import of goods incorporating the industrial design in question.
A registered design right in Burundi will be established through a registration.
To be accepted for registration in Burundi, an industrial design must be new An industrial design shall be considered to be new if it has not been disclosed in any part of the world, by publication in a tangible form or by use or in any other form prior to the date of filing or, as the case may be, the date of priority of the application for registration.
The maximum term of protection in Burundi is 15 years provided the registration is renewed 2 times for periods of 5 years each.
The first term of design protection in Burundi will be five years calculated from the date of filing. In certain cases the date of filing starts 6 months before the actual application date, namely if an application for an industrial design was filed before in a foreign country but not longer than 6 months before the application in Burundi and if the priority of this foreign application date for the new application in Burundi was claimed.
An industrial design shall be owned by the person who has created it or to his successors in title, but the first applicant shall be considered to be the creator thereof, unless there is evidence to the contrary. If several persons have jointly created a design, the right to the industrial designs shall belong to them. If the industrial design has been created by an employee in the performance of an employment contract, the right in the industrial designs shall belong to the employer, unless the contract stipulates otherwise.
If the applicant is not the creator, the request must be accompanied by a statement justifying his right to register the industrial design.
Two or more industrial designs may be the subject of the same application, provided they come under the same class in the international classification or refer to the same set or assortment of articles.
At the time of filing, the application may contain a request for the postponement of the publication of the design after its registration for a period not exceeding 12 months
If the conditions of the application have been confirmed by the office, the design shall be published in the Official Journal of Burundi and on the Internet site of the Ministry for trade with a notice that the design is prepared to be registered. The applicant will receive a certificate of registration for his industrial design.
Priority must be claimed within a period of 12 months calculated as from the filing of his application. A certified original copy of said prior application is requested.The claim claim of several rights of priority for a single application is possible.
The registered design in Burundi is an unexamined industrial property right. Neither the office nor we will examine the novelty and individual characteristic of your design. Both, novelty and the individual characteristic of the design, will statutorily be presumed because of the registration. These provisions will optimize your legal position: every third person contesting the registered industrial design has the burden of proof that the design had not been known to the public before the priority date.
If the applicant is not the designer, an assignment from the designer to the applicant must be attached.
Opposition cannot be filed by a third party in Burundi during registration process.
After registration everybody has the right to start an action for annulment in case he may give proof of lack of novelty and lack of individuality of the registered design.
In Burundi multiple design application are possible if the multiple designs belong into the identic Locarno class. Such a multiple application will affect the reduction of the office fees.
One design may be shown by several pictures or drawings, but for each view beyond the first one separate fee shall be paid for due to the costs of publication.
For the registration of a design in Burundi you need:
- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);
- drawings, photographs or other adequate graphic representations of the article embodying the industrial design only; views shall show your design in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); please note that the protection will rest on what can be seen in the views only.
- contact details of the client;
- contact details of the to be registered owner of the design right and
- if the registered owner shall be a juristical person we need a copy of the commercial register;
- name of the natural person(s) who created the design; where the applicant is not the creator the request shall be accompanied by a statement justifying the right of the applicant to the registration of the industrial design.
- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;
- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.
If you engage us we will render the following services :
- Preparation of the filing including selection of the classes of goods (Locarno-classification);
- Examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic);
- requesting additional documents or new images;
- legal advice with regard to the filing process and documents;
- sending the prepared filing details to you for review;
- Filing the application at patent office;
- Representation of the applicant in front of the office;
- Payment of the office fee (application fee, registration fee, publication fee);
- Transmission of office documents as well as the letter confirming the application;
- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application;
- Receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register;
- Receipt and transmission of all documents sent from the patent office after the registration;
- docketing and deadline, renewal time monitoring.
Our offer does not include services in regard to oppositions or office actions.
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