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- the country in which he has his domicile, if the applicant does not have such
an establishment in a Paris Union country or on the territory of a WTO
Member State;
- The country of his nationality, if the applicant does not have a domicile in a
Paris Union country or on the territory of a WTO Member State but is a
national of a Paris Union country or a WTO Member State.
Article 307: The marks covered by this Section may only be rejected for registration or
invalidated in the following cases:
- if they are likely to infringe rights acquired by third parties in Burundi;
- if they do not have any distinctive character or are composed exclusively of
signs or indications which can be used in business to designate the type,
quality, quantity, destination, value or place of origin of the products or the
time of production, or which have become common in everyday language or
in the bona fide and established practices of the trade in the country where
protection is sought;
- if they are contrary to public order or morality, in particular when they are of
such a nature as to deceive the public; nevertheless, a mark may not be
considered contrary to public order solely because it is not in compliance with
any provision of this part, unless this provision itself concerns public order.
These provisions shall be without prejudice to the application of those relating to
protection against unfair competition.
Article 308: The Industrial Property Director may not reject the registration of a mark under
this Section solely on the ground that it only differs from the mark protected in
the country of origin in terms of elements which do not alter the distinctive
character and leave its identity intact, in the form in which the mark was
registered in said country.
Article 309: No one may benefit from the provisions of this Section if the mark for which he
claims protection is not registered in the country of origin.
Due account shall be taken of any de facto circumstances, in particular the term
of use of the mark, in evaluating whether the mark is eligible for protection.
Article 310: The benefit of the priority shall remain for filings of marks made within the
period of six months, even when registration in the country of origin is only
made after the expiration of this period.