Trademarks Law in Burundi
Certainly! Here's an overview of Trademark Law in Burundi:
Trademark Law in Burundi
Legal Framework
Trademark protection in Burundi is governed by the Law No. 1/13 of July 28, 2009, on the Protection of Industrial Property.
This law modernized Burundi’s IP regime in line with international standards.
The Burundi Industrial Property Office (OBPI – Office Burundais de la Propriété Industrielle) administers trademarks.
Key Features
1. What Can Be Registered as a Trademark?
A trademark in Burundi may consist of any sign that can distinguish goods or services, including:
Words, names, letters, numbers
Logos, symbols, and designs
Slogans
3D shapes
Colors and combinations
Sounds (though less common)
2. Registration Process
Applications are filed with the OBPI (national IP office).
The process involves:
Formal examination (checking for completeness)
Substantive examination (assessing distinctiveness and potential conflicts)
Publication in the official bulletin for opposition
If no opposition, the mark is registered and a certificate is issued
3. Duration and Renewal
Protection lasts for 10 years from the filing date.
Renewable indefinitely for successive 10-year terms.
Renewal must be requested before expiration (grace period allowed with a surcharge).
4. Rights Conferred
The owner of a registered trademark has:
Exclusive rights to use the mark in connection with the registered goods/services
The right to prevent unauthorized use or imitation
The right to license or assign the trademark
5. Infringement and Enforcement
Trademark infringement can be addressed through:
Civil action: injunctions, damages, seizure of counterfeit goods
Criminal prosecution: fines and imprisonment for counterfeiting or repeat offenses
Customs authorities may assist in stopping the import/export of infringing goods
6. International Treaties
Burundi is a member of several key IP treaties, including:
Paris Convention for the Protection of Industrial Property
Madrid Protocol (joined in 2014) – allows international trademark registration via WIPO
TRIPS Agreement – as a WTO member
World Intellectual Property Organization (WIPO)
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Law No. 1/13 of 2009 |
| Registration Authority | OBPI (Office Burundais de la Propriété Industrielle) |
| Protection Duration | 10 years, renewable |
| Registration Required | Yes |
| International System | Member of Madrid Protocol |
| Enforcement | Civil, criminal, and customs measures |
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