Democratic Republic of Congo

The Deomocratic Republic of Congo (formerly Zaire) lies in Central Africa, bordered by the Congo to the north-west; the Central African Republic and Sudan to the north; Uganda, Rwanda, Burundi and Tanzania to the east; and Zambia and Angola to the south. There is a short coastline at the outlet of the River Congo.

General information

• Capital: Kinshasa
• Population: 50.5 million
• Area: 2 345 410 km2
• Languages: French – official language. Lingala, Kongo, Mongo, Swahili
• Exports: Copper; petroleum; cobalt; diamonds; coffee; crude oil
• Imports: Consumer goods; foodstuffs; mining and other machinery; transport equipment; fuel
• Currency: Congolese Franc

Trademarks

Law:

Law no. 82001 on Industrial Property of January 7, 1982; Ordinance no. 85-213.

International Conventions:

WIPO, WTO, Paris Union, Berne Union.

Requirements for Application:

(a) Power of attorney (in French) simply signed. A separate document is required for each application
(b) Fifteen prints and a printing block of the trade mark – word and device marks.

Classification:

International classification of goods and services. A single application may cover more than one class.

Procedure:

Examination as to formal requirements only.

Opposition:

No provision.

Use:

Trade mark must be used within three years of registration and if not so used, marks are liable to cancellation.

Duration and Renewal:

A trade mark registration is effective for an initial period of ten years and thereafter, renewable for like periods.

Licensing/Registered Users:

Concept is recognised. Recordation is required to be legally binding.

Requirements:

(a) Licensing agreement in French or accompanied by verified translation;
(b) Power of attorney from the proprietor;
(c) Power of attorney from the licensee.

Assignments:

Assignments are possible. A mark which also constitutes a company name may be transferred only together with the company. Recordation is required.

Requirements:

(a) Special form ‘Acte de Cession de Marque’, in French, in triplicate. Original special form requires notarization and legalization.
(b) Power of attorney from the assignee for each registration.

Marking of Goods:

Notice of registration by use of the legend ‘Marque Déposée’ or the symbol ® optional.

There are no special requirements for goods, except for any machinery or tools used in the manufacture or packaging of food products (which must bear the mark of origin) and for artificially coloured foodstuffs (containers must show the name and address of the selling company). There are specific labelling requirements for fruit juices, fruit syrups, marmalades, gelatins and flour.

Patents

General:

Patent protection is obtainable via a national filing. A granted patent of any foreign country can also be registered as a patent of importation. The DRC is a member of the International Convention and WTO, but is not a member of PCT.

Patentable Subject Matter:

Any new invention involving an inventive step and which can be exploited industrially or commercially may be the subject of a patent. Theoretical or purely scientific principles and ideas;
inventions of a purely ornamental character;
financial or accounting methods;
rules for games and other systems of an abstract character, particularly instructions and programs for computers, cannot be patented.

Filing Requirements:

The documents do not need to be legalized or notarised. A specification in French is needed.

Novelty:

An invention is new if it has not been made known to the public by written description, use, or any other means prior to the application or priority date. A grace period of six months is provided if the disclosure was by reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title.

Examination:

All applications are subjected to formal examination but a patent application relating to food or other pharmaceuticals, can be subjected to an in depth examination at the request of the applicant.

Duration/Maintenance:

Patents are granted for a term of twenty years but pharmaceutical patents are granted for fifteen years, both as from the date of filing. Patents of importation expire with the foreign patents on which they are based. Maintenance fees are payable as from the second anniversary of the filing date.

Working:

The invention must be industrially exploited in the DRC

(a) within five years of filing the application or three years from grant of the patent, whichever is the later;
(b) within four years of grant of a patent relating to pharmaceuticals;
(c) within three years of filing the application where a patent of importation is concerned (and if the invention is already being worked abroad, working in the DRC must commence within two years from the date of filing in the DRC). A one year extension of these time limits is obtainable.