DRC Law and Practice Contributed by: Serge Nawej Tshitembu, Xavier Huberland, Daniel Yamba and Katerina Papachristou, ProximA International
destruction of infringing goods) and criminal proceedings (fines and imprisonment). 7.3 Industrial Design An industrial design is defined as any arrange - ment of lines, colours or three-dimensional forms intended to give a special and distinctive appearance to any industrial or artisanal object. It also covers any industrial or artisanal object that can serve as a model for manufacturing other items, and which are recognisable as new or unique compared to similar existing products. The protection for industrial designs is granted for five years initially, renewable once. 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 for opposition purposes and, finally, the registration of the industrial design. The application must be filed with the Directo - rate of Industrial Property (Ministry of Industry) and must include, among other things, a speci - men or a photographic or graphic representation of the design, along with an explanatory caption and the prescribed application fees. The owner of an industrial design can pursue legal action against infringers through civil pro - ceedings (which typically involve seeking injunc - tions, monetary compensation, confiscation and destruction, and publication of judgment) and criminal proceedings. 7.4 Copyright Copyright in the DRC protects original literary, artistic and scientific works, including books, musical composition, cinematographic works, artistic creations regardless of their form of
expression (drawings, paintings, sculptures, photographs) and computer programs (soft - ware). The duration of copyright protection generally extends for the life of the author plus 50 years after their death and for audiovisual or anony- mous works for 50 years from publication. There is no formal registration required for pro - tection, as it is automatic upon creation (follow - ing the Berne Convention principles); however, voluntary registration is possible. In case of copyright infringement, remedies can be available through civil proceedings (which typically involve seeking injunctions, monetary compensation, confiscation and destruction of infringing copies, and publication of judgment) and criminal proceedings (including fines and imprisonment). 7.5 Others Databases (where their selection or arrange - ment demonstrates originality) and software are protected under copyright law and general intel - lectual property principles, granting automatic protection upon creation. In contrast, trade secrets are protected through contractual agreements and general contract law principles, requiring proactive measures to maintain confidentiality.
8. Data Protection 8.1 Applicable Regulations
The main regulation governing data protection in the DRC is the recently enacted Digital Code, which establishes a comprehensive legal frame - work for personal data protection and digital
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