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Chapter IV: Rights conferred by registration, term and renewal
Section 1: Rights conferred by registration
Article 311: Without prejudice to the provisions of Articles 304 and 305, holders of
registered marks shall have the exclusive right to prevent any third party from
making use, in the course of commercial operations, of identical or similar signs
for goods or services that are identical or similar to those for which the mark has
been registered, if such use would lead to confusion.
The provisions of this Article shall not cover the use by a third party of the
registered mark for information purposes, such as sales promotion or
comparative advertising, provided that such use is not of such a nature as to
deceive the public or does not constitute unfair competition, under Title I of Part
IV.
Article 312: Holders of a registered mark may, in addition to the rights, remedies or actions
to which they are entitled, institute judicial proceedings against any party who
infringes the mark by using it without their consent or who performs acts likely
to constitute infringement.
This right shall cover the use of a sign similar to the registered mark and its use
in relation to goods and services similar to those for which the mark has been
registered, where this may lead to confusion.
Section 2: Limitations on rights conferred
Article 313: The rights conferred by the registration of a mark shall not cover acts relating to
articles placed on sale in Burundi or in any other country by the holder of the
registration or with his consent. Should this be the case, these rights shall be
deemed to be exhausted.
Article 314: Without prejudice to the provisions of Article 313, the Minister responsible for
trade may, on his own initiative or at the request of any interested party, declare
that the rights in the mark have been exhausted and authorize third parties to
import the goods identified by a mark which is registered or otherwise protected
or bears such a mark from another territory, if such goods are not available on
the territory of Burundi or are available in insufficient quality and quantity to
meet local demand, or at prices which the Minister deems abusive or on any
other grounds of public interest, including anti-competitive practices, provided
that:
- the goods have been commercialized on the territory of Burundi or that of
another country from which they have been imported by the holder of the
mark or with his consent;
- a similar or identical mark has been registered or otherwise protected on the
territory from which the product has been imported and it belongs to the
holder of the mark registered or otherwise protected in Burundi or to a person
over whom this holder has authority.