Overview
Sudan secures trademarks, patents, and industrial designs under national legislation through its designated offices, commonly overseen by the Ministry of Justice or a specialized department.
Sudan is a member of the African Regional Intellectual Property Organization (ARIPO) and a contracting party to the Harare Protocol, which allows applicants to seek regional protection for patents and industrial designs through ARIPO by designating Sudan. However, Sudan is not a member of the Banjul Protocol, so trademark protection must be pursued through the national IP office.
Although the IP framework in Sudan has developed over time, it continues to evolve in line with international practices. Rights holders typically rely on both national and regional registration mechanisms, followed by enforcement actions through legal avenues when unauthorized use occurs.
International Conventions
Sudan is a contracting party to several international treaties that shape its local IP regime, including:
Paris Convention
Berne Convention
TRIPS Agreement
Patent Cooperation Treaty (PCT)
IP office
Trademark registration in Sudan follows a single-class filing approach, meaning each class of goods or services requires a separate application.
Applicants submit a graphic representation of the trademark and pay prescribed fees.
A substantive examination checks for earlier conflicting trademarks and assesses distinctiveness.
Registrations last for 10 years from the filing date, renewable in successive 10-year periods.
Applicant details (name, address) must be accurate, and one class of goods or services is specified per application.
Once granted, trademark owners can initiate civil or administrative measures if infringement arises in Sudan.
Patents in Sudan are filed locally for inventions demonstrating novelty, inventive step, and industrial applicability:
A patent remains valid for 20 years from the date of filing, subject to annual maintenance fees.
Applicants must include a detailed specification, claims, and any relevant drawings.
The Patent Office carries out formal and substantive examinations to ensure patentable subject matter.
As Sudan is a contracting party to the Patent Cooperation Treaty (PCT), international applicants can enter the national phase in Sudan following an international filing.
Sudan is also a member of ARIPO and a contracting state under the Harare Protocol, meaning applicants may alternatively seek patent protection in Sudan via an ARIPO regional application by designating Sudan.
Granted patents afford exclusivity in Sudan, enabling patent holders to prevent unauthorized manufacture or sale of the invention within the jurisdiction.
Industrial design registration in Sudan is available for new or original designs, focusing on visual or ornamental elements:
Applicants submit representations or drawings of the design and pay official fees.
Design registrations typically last for an initial term of five years, renewable twice for a total of 15 years.
Applicant details must be accurate for a valid registration.
As Sudan is a contracting party to the Harare Protocol under ARIPO, applicants may also obtain design protection in Sudan by filing through ARIPO and designating Sudan in their application.
Holders of registered designs can enforce their exclusive rights by pursuing legal remedies against unauthorized replication or marketing of the design in Sudan.
This information does not constitute legal advice; it is for informational purposes only.
