Burundi
Classification
Burundi is not a signatory to the Nice Agreement, but the International Classification of Goods and Services (Nice Classification) is applied. The country follows a multi-class trade mark filing system, and therefore a single application may cover more than one class.
Convention priority
Burundi is a member of the Paris Convention. An applicant for a trade mark who has applied for the same trade mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed, provided the Burundi application is filed within six months of such earlier filing.
Examination/procedure
Applications are examined as to formalities as well as substantive requirements and for conflict with prior marks. If the application is found to be acceptable, it must be published in the prescribed manner.
Opposition
Interested persons may oppose an application for registration within 30 days of its publication.
Duration and renewal
A trade mark is valid for a period of 10 years from the filing date and is thereafter renewable for like periods of 10 years.
Patent Protection
Patent protection is available by way of a national filing. Burundi is a member of the Paris Convention so that convention priority may be claimed (see the section on Convention priority below). Burundi is not a member of the PCT so that applications cannot be filed in Burundi via PCT. However, the Law does provide that the Industrial Property Director must take into consideration an international search report and an international preliminary report issued under PCT.
Patentable subject matter
Inventions are patentable if they are new, involve an inventive step and are industrially applicable.
The following, even if they are inventions, are not patentable:
- discoveries, scientific theories and mathematical methods
- plans, principles or methods in the field of economic activities, in the performance of purely intellectual activities or in games
- methods of surgical or therapeutic treatment of the human or animal body as well as diagnostic methods (this exclusion does not apply to products used for implementation of one of these methods)
- natural substances, even if purified, synthesised or otherwise isolated in another manner (this provision does not apply to processes making it possible to isolate these natural substances from their original environment)
- known substances for which a new use has been discovered
- plants and animals, including parts thereof, other than microorganisms, and essentially biological processes for the breeding of plants and animals, other than non-biological and microbiological processes
- animal breeds and plant varieties
- inventions the exploitation of which is contrary to public order or morality
- pharmaceutical products, up until 1 January 2016.
Note: Process inventions carried out by a computer, and product inventions implemented by a computer are, not excluded from patent protection.
Novelty
Absolute novelty is required. An invention is new if it has not been part of the state of the art. The state of the art consists of everything that has been made available to the public, regardless of the place, means or manner, prior to the filing or priority date.
Examination/procedure
Applications are subjected to formal examination, which takes place automatically. Although the Law provides that applications are to be examined to determine that the invention is new, involves an inventive step, and is industrially applicable, and that no prior pending application concerning the same invention is about to be granted, this provision is not in operation. If the application is found to be in order, it is published.
Duration and maintenance
The duration of a patent is 20 years from the filing date. Maintenance fees are payable annually, starting from the first anniversary of the filing date. A six months grace period is provided subject to payment of surcharges.
Note: The Act provides for payment of annual maintenance fees. However, in the absence of any implementing regulations detailing the fees payable, at this stage, it is not practically possible to pay maintenance fees in Burundi.
Subject matter eligible for protection
The Law provides protection to the author of a literary or artistic work, or to his successor in title.
The following works are eligible for copyright protection:
- Books, brochures and other writings
- Speeches, addresses, sermons and other works of a similar nature
- Dramatic and dramatico-musical works
- Musical works, with or without words
- Choreographic works, pantomimes
- Audiovisual works
- Works of art, including drawings, paintings, architecture, sculpture, gravure, lithography, tapestry
- Photographic works
- Works of applied art
- Illustrations, maps, plans, three-dimensional works related to geography, topography, architecture.
Copyright also extends to –
- Translations, adaptations, arrangements of musical and literary and artistic works
- Collections and compilations of works and data
- Original works inspired by folklore.
Registration of copyright
There is provision for the registration of copyright.
Duration of copyright
Copyright endures, in general, for the lifetime of the author plus 50 years. In the case of works of applied art, the duration is 25 years.
Design Protection
Design protection is available by way of a national filing. Burundi is a member of the Paris Convention so that convention priority may be claimed.
Registrable subject matter
An industrial design may consist of any combination of lines or colours or any plastic form, whether or not it is associated with lines or colours, provided this combination or this form gives a special appearance to an industrial or crafts product and can serve as a pattern for the manufacture of an industrial or crafts product, and that it attracts the eye and is judged visually.
Note: The 2009 Law also provides for the registration of layout designs for integrated circuits. Specific provisions set out the requirements for registration and the registration procedure. A special register is created for layout designs. The period of protection is 10 calendar years following on the effective date of the protection, being either the date of first commercial exploitation of the layout design (provided the application for protection is filed within two years), or the date of filing the application for registration.
Novelty
Absolute novelty is required, without provision for a grace period. Thus, the design must not have been disclosed anywhere in the world, by publication in a tangible form or by use or in any other form, prior to the filing date or priority date.
Examination/procedure
Formal examination is conducted. If the formal requirements have been met, the application is published in the Official Journal.
Duration and maintenance
The initial term of a registered design is five years from the filing date, extendible on payment of renewal fees for two further five year terms. A six months’ grace period is provided for late payment of renewal fees, subject to payment of surcharges. If the renewal fee (plus the surcharge) is not paid within this period, the design registration is invalidated.
Currently, no legislative provision for plant breeders’ rights or other sui generis protection for plants is available in Burundi.

Africa Update 2020 - Burundi
New Approach to Trade Mark Renewals Historically, trade marks filed in Burundi were valid indefinitely; therefore, there was no need to pay renewal fees in this jurisdiction. In 2009, the law regardin...
September 01 2020
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