Overview
Djibouti offers protection for trademarks, patents, and industrial designs through a national system overseen by the Directorate of Intellectual Property under the relevant Ministry. It is not a member of any regional African IP organizations and instead administers registrations and enforcement procedures domestically.
Applicants, both local and foreign, may seek legal protection by filing directly with the national IP office. Although certain administrative routines can be gradual, Djibouti follows recognized international norms to ensure that intellectual property rights are safeguarded against infringement within its territory.
International Conventions
Djibouti is a contracting party to several international agreements that influence its IP regime. These include:
• Paris Convention
• Berne Convention
• TRIPS Agreement
• Patent Cooperation Treaty (PCT)
IP office
Trademarks in Djibouti are managed by a local filing system that typically operates on a single-class application basis:
• Applicants must submit a clear representation of the trademark and pay the prescribed fees.
• A formal exam is conducted to ensure the trademark meets formal requirements.
• Registration is valid for 10 years from the filing date and can be renewed for additional 10-year periods.
• Application information must be accurately provided, including name, address, and the chosen class of goods or services.
Once registered, trademark owners have the right to enforce their marks through administrative or judicial mechanisms within Djibouti.
In Djibouti, patents are obtained by filing an application with the national IP office. The invention must satisfy novelty, inventive step, and industrial applicability:
• The standard patent term is 20 years from the filing date, subject to payment of maintenance fees.
• Applicants must submit a specification, claims, and any relevant technical documentation.
• A substantive exam confirms that the invention meets patentability criteria.
• As a party to the Patent Cooperation Treaty (PCT), Djibouti allows applicants to enter the national phase after an international application.
Patent holders obtain exclusive rights within Djibouti to make, use, or sell the invention, with enforcement available through the local court system.
Djibouti also provides protection for industrial designs, which cover the novel aesthetic features of an article. These applications are handled by the same national IP office:
• Applicants must file representations or drawings of the design and pay the official fees.
• Once granted, an industrial design is usually valid for an initial term of five years, renewable twice for a total of 15 years.
• Applicants are required to provide clear and accurate details, ensuring the design is properly identified.
Registered designs confer exclusive rights, permitting owners to prevent unauthorized use of identical or substantially similar designs within Djibouti.
This information does not constitute legal advice; it is for informational purposes only.
