Industrial Designs Law in Sudan
In Sudan, industrial design protection is governed by the Industrial Designs Act, 1974 (Act No. 18 of 1974), complemented by the Industrial Designs Regulations, 1999. These laws are administered by the Industrial Designs Office within the Commercial Registrations Administration, which handles filing, examination, and granting of design rights .
🛡️ What Is an Industrial Design?
An industrial design in Sudan refers to any composition of lines or colors formed to give a special appearance to any industrial or handmade product or any plastic form, whether or not it is restricted to color, provided that the form or composition can be used as an industrial or handicraft design .
✅ Requirements for Protection
To be eligible for protection, an industrial design must:
Be New: The design must not have been disclosed to the public before the filing date. Absolute novelty is required, though a grace period of six months is allowed if the design was exhibited at an official or officially recognized international exhibition
Have Individual Character: It must create a different overall impression on the informed user compared to existing designs.
Not Contravene Public Order or Morality: Designs that are contrary to public policy or morality are excluded from protection .
📝 Registration Process
Application Submission: File an application with the Industrial Designs Office, providing:
A request for registration.
Applicant's details.
A specimen of the design or a photographic picture or sketch drawing
Description of the design.
Priority claim, if applicable.
Examination: The office examines the application for compliance with formal requirements and novelty.
Publication: If accepted, the design is published in the official gazette.
Registration: Upon no opposition, the design is registered, and a certificate is issued .
⏳ Duration and Renewal
Initial Protection: 5 years from the filing date.
Renewal: The registration can be renewed for two consecutive periods of 5 years each, totaling a maximum of 15 years.
Grace Period: A 6-month grace period is granted for late renewal, subject to a surcharge .
🌐 International Protection
Sudan is a member of the Paris Convention for the Protection of Industrial Property and the African Regional Intellectual Property Organization (ARIPO). However, Sudan has not yet implemented the Harare Protocol, which regulates patent and design filings in ARIPO. Accordingly, there is uncertainty regarding the enforceability of rights obtained through the filing of an ARIPO application designating Sudan .
⚖️ Enforcement and Legal Recourse
Design rights holders can enforce their rights through:
Administrative Actions: Filing complaints with the Industrial Designs Office for violations of design rights.
Judicial Actions: Pursuing legal action in courts for infringement and seeking remedies such as injunctions and damages .
RELATED Blog
0 comments