DRC Law and Practice Contributed by: Serge Nawej Tshitembu, Xavier Huberland, Daniel Yamba and Katerina Papachristou, ProximA International
7. Intellectual Property 7.1 Patents
7.2 Trade Marks In the DRC, a trade mark is any distinctive sign allowing the recognition or identification of vari - ous goods or services of any business from those of others, including words, logos, sym - bols or combinations thereof. Names, designa - tions, letters, numbers, combinations of letters and numbers, acronyms, slogans, emblems, borders and stripes may, among others, serve as trade marks. The registration is valid for ten years (renewable for successive ten-year periods). It is important to note that the proprietor of the trade mark must use the trade mark within three years from reg - istration to avoid risk of forfeiture of the trade mark. The general steps of the registration process are a trade mark search to ascertain availability, the filing of the application, a formal examination to ensure it meets all administrative and formal requirements, publication in the Official Gazette for opposition purposes and, finally, registration and certificate issuance. The application must be filed with the Directo - rate of Industrial Property (Ministry of Industry) and must include, among other things: • the trade mark specimen (including the list of products, goods or services to which the trade mark applies); • the international classification corresponding to the trade mark; • the print/photograph of the trade mark; and • the prescribed application fees. Trade mark owners can pursue legal action against infringers through civil proceedings (which typically involve seeking injunctions, monetary compensation, confiscation and
The Industrial Property Law (Law No. 82/001 of 7 January 1982) recognises three types of patents – invention patents, import patents and improve - ment patents – granting their holder exclusive exploitation rights thereof. Patents are granted for 20 years for patents of invention (15 years where related to medicines). Patents of importation and improvement expire at the same time as the principal patent to which they are attached. The general steps of the registration process are the filing of the application, a formal examina - tion to ensure it meets all administrative require - ments, publication in the Official Gazette and, finally, the granting of the patent. The application must be filed with the Directo - rate of Industrial Property (Ministry of Industry) and must include, among other things: • a clear and complete description of the inven - tion or discovery; • the subject matter of the invention or discov - ery; • the international patent classification; and • the prescribed application fees. Patent holders can pursue legal action against infringers through civil proceedings (which typi - cally involve seeking injunctions, monetary com - pensation, confiscation and destruction, and publication of judgment) and criminal proceed - ings.
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