Industrial Designs Law in DR Congo
Industrial Designs Law in the Democratic Republic of the Congo (DRC)
1. Legal Framework
Industrial design protection in the DRC is governed by Law No. 82-001 of January 7, 1982, which serves as the primary legislation for industrial property rights in the country. This law is administered by the General Secretariat for Industry under the Ministry of Industry. The DRC is a member of the Paris Convention for the Protection of Industrial Property, allowing applicants to claim priority for design applications filed in other member countries within six months. (Cyrilla, Women Connect)
2. Definition of Industrial Design
According to Article 107 of Law No. 82-001, an industrial design is defined as:
"Any combination of lines and/or colors designed to give any industrial or crafts object a special appearance."(WIPO)
It also includes:
"Any three-dimensional form, whether or not associated with colors, as well as any industrial or crafts object which can be used as models for the manufacture of other units and which differ from similar objects or forms either by a separate and recognizable configuration giving it a character of novelty, or by one or more external effects giving it a specific and new appearance." (WIPO)
3. Registrable Subject Matter
To be eligible for protection, an industrial design must meet the following criteria:
Novelty: The design must be new and not have been disclosed to the public prior to the filing date.
Originality: The design must be original and not a slavish imitation of existing designs.(WIPO)
Non-functionality: The design must not be dictated solely by technical or functional considerations.
The law explicitly excludes from protection:
Designs that are contrary to public order or morality.(Adams & Adams)
Designs whose form is conceived for a technical or industrial purpose to such an extent that it is inseparable from the result sought.(WIPO)
Any slavish reproduction or imitation of a natural design or model. (Légavox)
4. Registration Process
Filing Authority: General Secretariat for Industry, Ministry of Industry, DRC(Women Connect)
Application Requirements:
A written application addressed to the Secretary General for Industry.(Women Connect)
Three application forms issued by the Direction de la Propriété Industrielle (DPI).(Women Connect)
Proof of payment of the tax and surcharge.(Women Connect)
A descriptive legend of the industrial design.(Women Connect)
The industrial model or design in question. (Women Connect)
5. Duration and Renewal
Initial Term: 5 years from the filing date.(WIPO)
Renewal: The protection can be renewed for an additional 5-year term.(Women Connect)
Grace Period: A 6-month grace period is provided for the payment of renewal fees. (Adams & Adams)
6. Rights Conferred
The registered owner of an industrial design has the exclusive right to:(Women Connect)
Use the design.
Prevent unauthorized manufacture, sale, or importation of products incorporating the design.
Transfer or license the design rights.
7. Infringement and Enforcement
In case of infringement, the rights holder may seek legal remedies through the courts. The law provides for the possibility of nullity actions if the design should not have been registered. (Adams & Adams)
8. International Protection
As a member of the Paris Convention, the DRC recognizes priority claims for industrial design applications filed in other member countries within six months. However, the DRC is not a member of the Hague Agreement for the international registration of industrial designs. Therefore, protection in the DRC must be sought through a national filing. (Légavox)
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Law No. 82-001 of January 7, 1982 |
| Registration Authority | General Secretariat for Industry, Ministry of Industry |
| Protection Duration | Initial 5 years, renewable for an additional 5 years |
| Unregistered Design Protection | Not available; protection through registered designs only |
| International Treaties | Member of the Paris Convention; not a member of the Hague Agreement |
| Enforcement Jurisdiction | Courts of the Democratic Republic of the Congo |
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