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Democratic
Republic of Congo
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PATENT REGISTRATIONS
Patent protection is obtainable via a national filing. The DRC is a member of the International Convention, but is not a member of PCT.
The requirements for filing an application in the DRC are as follows:
(a) A Power
of Attorney;
(b) An Assignment of Invention (if necessary);
(c) A copy of the specification (including claims, drawings, and abstract)
in French; and
(d) A certified copy of the priority application with a sworn French
translation of the first page of the priority application (if necessary).
With respect to item (c), the specification can be filed in English provided a French translation thereof is lodged within 3 months of filing. Items (a), (b), and (d) can also be lodged within 3 months of filing.
Our cost estimate for filing a patent application in the DRC is between about US$ 2600.00 and US$ 2800.00 (excluding translation costs, if necessary). To this must be added surcharges of about US$ 60.00 per claim over 10, about US$ 120.00 per priority claim, and about US$ 200.00 for the subsequent lodgement of outstanding documents.
Should it be required, we can assist with the preparation of any translation from English to French at a cost of US$ 30.00 per 100 words.
TRADEMARK REGISTRATIONS
1. Filing requirements
1.1 Full name,
street address and description of the applicant (including trading style,
if any, and state/country of incorporation, if incorporated).
1.2 List of goods and/or services.
1.3 A simply signed French/English power of attorney in duplicate for
each application filed.
1.4 Electrotype (may be obtained locally) and 20 prints for a device
mark.
1.5 If priority is claimed: a certified copy of home application/ registration.
2. Classification
2.1 The International
classification of goods and services in classes 1 - 42 is followed.
2.2 One application may cover one trade mark in any number of classes.
3. General
3.1 Duration
: 10 years from filing date and renewal for further periods of 10 years
3.2 Use : compulsory within a period of three years commencing with
registration
3.3 Marking : No provision
3.4 Licenses : Must be registered.
3.5 Assignments : Of applications are permitted.
4. Costs
4.1a Application:
1 - 3 classes: $1260.00, additional classes over three filed
simultaneously $795.00 each.
4.1b Claiming priority: $140.00
4.2 Assignment : First trade mark/class $1130.00, additional
trade marks/classes filed simultaneously $760.00 each.
4.3 Preparation of documents $130.00.
4.4 Recordal of change of name or address : First trade mark/class $505.00,
additional trade marks/classes filed simultaneously $340.00 each.
4.5 Licenses : First trade mark/class $1090.00, additional trade
marks/classes filed simultaneously $690.00 each.
4.6 Renewal : First trade mark/class $860.00, additional classes
renewed simultaneously $905.00 each.
4.7 Search: 1 mark in 3 class - from $220.00
* In the event that there is no official action/prosecution required this figure represents the expected costs through to registration
DESIGNS
Design protection is obtainable via a national filing. The DRC is a member of the International Convention.
The requirements for filing an application in the DRC are as follows:
(a) Power of
Attorney;
(b) Formal drawings;
(c) Assignment of Design; and
(d) Certified copy of the priority application with a sworn French translation
of the first page thereof.
Please note that the documents listed under item (b) are required on the day of filing. Items (a), (c) and (d) can be late lodged within 3 months of filing.
Our cost estimate for filing a design application in the DRC is between about US$ 1800.00 and US$ 2000.00. Should a multiple application be filed, the cost for the first design will be between about US$ 1800.00 and US$ 2000.00 whereas the cost for each additional design will be between about US$ 400.00 and US$ 500.00
Should it be required, we can assist with the preparation of a sworn French translation of the first page of the priority application at a further cost of about US$ 150.00 (provided we are provided with an English version of such page).