Industrial Designs Law in Burundi

30 May 2025 --
0 Comments

In Burundi, industrial design protection is governed by Law No. 1/13 of July 28, 2009, relating to Industrial Property. This law provides a comprehensive framework for the registration, protection, and enforcement of industrial designs within the country.

📝 Registration Process

1. Eligibility Criteria

To be eligible for registration, an industrial design must meet the following conditions:

Novelty: The design must be new and not previously disclosed to the public.

Originality: The design should have an individual character.

Industrial Applicability: The design must be capable of being used in industry or handicrafts.

2. Application Submission

Applications for industrial design registration must be submitted to the Industrial Property Office in Burundi. Applicants who are nationals or residents of Burundi can apply directly. Foreign applicants must appoint a local representative, such as a legal advisor or a professional in the field of industrial property, residing and practicing in Burundi .

The application should include:

A clear representation or specimen of the design.

A brief description of the design.

Applicant's details.

Payment of the prescribed application fee.

3. Examination and Publication

Upon receipt, the Industrial Property Office will examine the application to ensure compliance with the requirements of Law No. 1/13. If the application meets the criteria, it will be published in the Official Gazette. This publication initiates a 30-day opposition period during which third parties can challenge the registration .

4. Registration and Certificate

If no opposition is filed, or if any opposition is resolved in favor of the applicant, the design proceeds to registration. A Certificate of Registration is issued, granting the proprietor exclusive rights to the design.

⏳ Duration and Renewal

Initial Protection: 5 years from the filing date.

Renewal: The protection can be renewed for two further terms of 5 years each, allowing for a total protection period of up to 15 years.

Late Renewal: A renewal application can be submitted within 6 months after the expiry date, subject to additional fees .

🌍 International Protection

Burundi is a member of the Paris Convention for the Protection of Industrial Property, which allows applicants to claim priority for their industrial design applications in other member countries. However, Burundi is not a party to the Hague Agreement Concerning the International Registration of Industrial Designs, so international protection through this system is not available .

⚖️ Enforcement and Legal Remedies

Registered design owners in Burundi have the right to take legal action against infringement. Remedies include:

Injunctions: Court orders to stop infringing activities.

Damages: Compensation for losses suffered due to infringement.

Account of Profits: Recovery of profits made by the infringer from the unauthorized use of the design.

The Industrial Property Office plays a role in the administration and enforcement of industrial design rights, ensuring that holders can protect their creations effectively.