Industrial Designs Law in Afghanistan
As of May 2025, Afghanistan does not have legislation in place to protect industrial designs. The country lacks specific laws governing the registration and protection of industrial designs, leaving a gap in the legal framework for safeguarding the visual and aesthetic aspects of products.
🔍 Current Legal Landscape
Afghanistan's intellectual property (IP) laws are currently limited. While the Trademark Registration Law of 2009 provides a legal basis for the registration and protection of trademarks, there is no corresponding law for industrial designs . This absence means that creators and businesses cannot formally register their industrial designs to prevent unauthorized use or imitation within the country.
⚠️ Practical Implications
Lack of Formal Protection: Without a legal framework for industrial designs, creators have no formal mechanism to protect the unique visual elements of their products.
Risk of Imitation: The absence of protection increases the risk of competitors copying or imitating designs without legal repercussions.
Limited Enforcement: Even if a design is registered abroad, enforcing rights within Afghanistan may be challenging due to the lack of domestic legal recognition.
🌐 International Protection
For international protection, creators can consider registering their industrial designs in countries with established IP laws. Notably, Afghanistan is a member of the World Intellectual Property Organization (WIPO) and has acceded to the Hague Agreement Concerning the International Deposit of Industrial Designs. This allows Afghan nationals to seek protection for their industrial designs in member countries through the Hague System, which facilitates the international registration of designs
🛠️ Recommendations
Seek Protection Abroad: Register industrial designs in countries with robust IP laws to ensure protection.
Monitor Market: Keep an eye on local markets for potential infringements, even in the absence of formal protection.
Legal Consultation: Consult with IP professionals to explore available options for protecting designs within Afghanistan's legal framework.
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