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PART ONE: GENERAL PROVISIONS
ONLY TITLE: PURPOSE AND DEFINITIONS
PART TWO: PATENTS, UTILITY MODEL CERTIFICATES, INDUSTRIAL DESIGNS, LAYOUT DESIGNS FOR INTEGRATED CIRCUITS, TRADITIONAL KNOWLEDGE AND CRAFTS OBJECTS
TITLE 1: PATENTS
Chapter I: Patentable inventions
Chapter II: Patent rights and mention of the inventor
Chapter III: Subject matter excluded from patent protection
Chapter IV: Patent application
Section 1: Filing of applications
Section 2: Unity of the invention, and modification and division of the application
Section 3: Priority claims
Section 4: Patent applications filed abroad
Section 5: Date of filing
Section 6: Classification
Section 7: Examination of applications
Section 8: Publication and opposition
Chapter V: Grant and rights conferred by the patent
Section 1: Grant of the patent
Section 2: Rights granted by the patent
Section 3: Limits on the rights conferred by the patent
Section 4: Term of protection and annual fees
Section 5: Restoration of patent
Chapter VI: Licensing contracts
Section 1. Signature and term of licensing contracts
Section 2: Unenforceable clauses
Chapter VII: Compulsory and non-voluntary licenses
Section 1: Compulsory licenses for failure to work
Section 2: Compulsory licenses for dependent patents
Section 3: Compulsory licenses granted by the Minister responsible for trade
Section 4: Grant of a compulsory license by the courts
Section 5: Appeals against decisions to grant a compulsory license
Section 6: Rights and obligations of compulsory license holders
Section 7. Limitations on compulsory licenses
Section 8. Modification and withdrawal of the compulsory license
TITLE X: REGISTRATION OF UTILITY MODELS
Chapter 1. Registration of utility models
Section 1. Utility models suitable for registration
Section 2. Right to the registration certificate for utility models
Chapter II: Subject matter excluded from protection by registration certificates for utility models
Chapter III: Applications for registration certificates for utility models
Section 1. Filing of applications for registration
Section 2. Unity of the invention, modification and division of the application
Section 3. Priority claims
Section 4. Applications for registration certificates for utility models filed abroad
Section 5. Date of filing and classification
Section 6. Examination of applications and grant of certificates
Section 7. Rights conferred by the utility model certificate
Section 8. Limitation of rights conferred by utility model certificates
Section 9. Term of protection and annual fees
Section 10. Re-establishment of the utility model certificate
Chapter IV. Licensing contracts
Section 1. Signature and term of licensing contracts
Section 2. Unenforceable clauses
Chapter V. Compulsory or non-voluntary licenses
Section 1. Compulsory licenses for failure to work
Section 2 Compulsory licenses for certificates of dependency
Section 3. Grants of compulsory licenses by the court
Section 4. Appeals against decisions to grant a compulsory license
Section 5. Rights and obligations of compulsory license holders
Section 6. Limitation on compulsory licenses
Section 7. Modification and withdrawal of compulsory licenses
Chapter IV. Provisions common to patents and utility model certificates
Section 1. Actions for nullity of a patent or utility model certificate
Section 2. Conversion of applications for patents or utility model certificates
TITLE III. INDUSTRIAL DESIGNS
Chapter I. Designs accepted for registration
Section 1. Registration of industrial designs
Section 2. Rights to industrial designs and references to the creator
Chapter II. Applications to register industrial designs
Section 1. Filing of applications
Section 2. Examination, registration or publication of industrial designs
Chapter III. Priority claims
Chapter IV. Rights conferred by registration, term and renewal
Section 1. Rights conferred by certificates of registration for industrial designs
Section 2. Limitation of the rights granted by certificates of registration for industrial designs
Section 3. Term of validity, fees and expiration
Chapter V. Licensing contracts for industrial designs
Section 1. Signature of licensing contracts
Section 2. Unenforceable clauses
TITLE IV. LAYOUT DESIGNS FOR INTEGRATED CIRCUITS
Chapter 1. Layout designs for integrated circuits accepted for registration
Section 1. Registration
Section 2. Rights to layout designs for integrated circuits
Chapter II. Applications for registration
Section 1. Filing of applications
Section 2. Examination of applications
Section 3. Invalidation
Chapter III. Rights conferred by certificates for layout designs of integrated circuits
Section 1. Rights conferred
Section 2. Protection and limitation of the rights conferred by certificates for layout designs of integrated circuits
Section 3. Term of validity of protection
Chapter IV. Compulsory licenses
TITLE V. TRADITIONAL KNOWLEDGE AND CRAFTS OBJECTS
Chapter I. Scope and purposes of protection
Section 1. Scope of protection
Section 2. Purposes of protection
Chapter II. Traditional knowledge
Section 1. Registration of traditional knowledge
Section 2. Customary practices
Section 3. Rights conferred by registration
Section 4. Practices and acts excluded from protection
Section 5. Licensing contracts
Chapter III. Crafts
Section 1. Registration of crafts
Section 2. Protection of crafts
Section 3: Other measures for the protection of traditional knowledge and crafts
PART THREE: DISTINCTIVE SIGNS
TITLE I. PRODUCT MARKS, SERVICE MARKS, COLLECTIVE MARKS, TRADE NAMES AND CERTIFICATION SIGNS
Chapter I: Acquisition of exclusive rights in a mark and its registration
Chapter II: Applications for registration
Chapter III: Examination, opposition, registration of marks and protection in Burundi for marks registered in other member countries of the Paris Union or the World Trade Organization (WTO)
Section 1: Examination, opposition, registration of marks
Section 2: Protection of marks registered in other member countries of the Paris Union
Chapter IV: Rights conferred by registration, term and renewal
Section 1: Rights conferred by registration
Section 2: Limitations on rights conferred
Section 3: Term and renewal of marks
Chapter V: Revocation and removal owing to failure to use
Section 1: Revocation of marks
Section 2: Removal owing to failure to use
Chapter VI: Special provisions
Section 1: Collective marks
Section 2: Certification signs
Section 3: Trade names
Section 4: Special provisions relating to licenses and assignments of marks
TITLE II: GEOGRAPHICAL INDICATIONS
Chapter I: Applications for registration
Section 1: Filing of applications
Section 2: Examination of applications for, opposition to and registration of geographical indications
Section 3: Protection of geographical indications independently of registration
Section 4: Homonymous geographical indications for wines
Chapter II: Rights conferred by registration of geographical indications
Chapter III: Geographical indications excluded from protection
Chapter IV: Revocation or rectification of registration for geographical indications and marks which mislead or clash with a geographical indication
Section 1: Revocation or rectification of registration
Section 2: Revocation or rectification of misleading marks and marks which clash with geographical indications for wines and spirits
PART IV: FUNDAMENTAL NORMS FOR PROTECTION OF INDUSTRIAL PROPERTY RIGHTS
TITLE I: PROTECTION AGAINST UNFAIR COMPETITION
Chapter I: General principles
Chapter II: Acts of unfair competition
Section 1: Confusion with another’s firm or its activities
Section 2: Infringement of the image or reputation of others in the course of industrial or commercial activities
Section 3: Misleading the public
Section 4: Disparagement of others’ firms and their activities
Section 5: Unfair competition concerning confidential information
TITLE II: PROCEEDINGS FOR INFRINGEMENT OF INDUSTRIAL PROPERTY RIGHTS
Chapter I: Infringements of industrial property rights and remedial action
Section 1: Infringements of patents or utility models and remedial action
Section 2: Infringement of marks, collective marks or certification signs and corrective measures
Section 3: Infringement of industrial designs and corrective measures
Section 4: Infringements of geographical indications and corrective measures
Section 5: Infringements of layout designs and corrective measures
Section 6: Infringements of traditional knowledge or crafts products and corrective measures
Section 7: Infringements of copyright and related rights and corrective measures
Chapter II: Common provisions
Section 1: Acts of unfair competition and corrective measures
Section 2: Time limits
Section 3: Plurality of corrective measures
Chapter III: Provisional measures
Chapter IV: Administration of evidence and burden of proof
Chapter V: Damages and other corrective measures
Section 1: Damages
Section 2: Other corrective measures
TITLE III: BORDER MEASURES
Chapter I: Border measures taken by the customs administration
Section 1: Suspension of customs clearance procedures
Section 2: Information on the right holder and the release for circulation of goods
Chapter II: Border measures ordered by the court
Section 1: Possibility of obtaining border measures
Section 2: Contents of the application
Section 3: Security
Section 4: Procedure for suspension of customs clearance and the free circulation of goods
Section 5: Proceedings on the merits of the case
Section 6: Destruction of goods
Chapter III: Common provisions
TITLE IV: GENERAL PROVISIONS
Chapter I: Changes in ownership or assignment and licensing contracts
Chapter II: The industrial property registration service
Section 1: Administrative organization
Section 2: Correction of errors and extension of deadlines
Section 3: Jurisdiction of the court and appeals
PART V: TRANSITIONAL AND FINAL PROVISIONS
Chapter I: Transitional provisions
Chapter II: Final provisions

Burundi Law No. 1 13 of July 28, 2009 on Industrial Property in Burundien

Law

Is this the Official Copy?: Yes

Status of Law: Final

Adoption Date: 28 de jul de 2009

Type of Law: Legislation

Keywords

Intellectual property

Institution that Established this Law: The Office of the President

Country

Burundi

Research Category: Foundations

Collection: CIPIT

Related Law

Act No. 49/AN/08/6th L of April 19, 2009 establishing the Djibouti Office of Industrial Property
Burundi Law No. 1 13 of July 28, 2009 on Industrial Property in Burundi
Burundi's Constitution of 2005
Conditions for implementation of Chapter VII relating to border measures of Law No. 17 97 on the Protection of Industrial Property English
Conditions for the implementation of Chapter VII relating to border measures of Law No. 17 97 on the Protection of Industrial Property French
Decree 19.99 of May 4, 1999, approving the Regulation of Official Agents of Industrial Property (1999) Portuguese
Decree N° 2001 836 of April 10, 2001, on the amounts of the royalties payable for patents
Decree No. 000834 PR MEFBP on the Organization of the Accounting Agency of the Industrial Property Center
Decree No. 2001 238 of May 17, 2001 on the Protection of Industrial Property
Decree No. 50.2003 of December 24, 2003, on the Organic Statute of the Industrial Property Institute (IPI)
Law No. 2000-84 of August 24, 2000, on Patents
THE KENYA INDUSTRIAL PROPERTY ACT, 2001
THE KENYA INDUSTRIAL PROPERTY REGULATIONS, 2002
The Nigeria Patents and Designs (Additional Transitional and Savings Provisions) Order 1972
The Nigeria Patents and Designs (Convention Countries) Order 1971 Nigeria
The Nigeria Patents and Designs Act, Chapter 344
The Nigeria Patents Rules
The Tanzania Patents (Registration) Act (1995)

Date Updated: 11 de set de 2019

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