Democratic Republic of the Congo

Patent protection is available in the DRC by way of a national filing. The DRC is a signatory to the Paris Convention and a national filing can claim convention priority.  The DRC is not a member of the PCT, ARIPO, or OAPI. It is to be noted that foreign applicants must be represented by an agent in the DRC.

Under the concept of invention, the Law includes any subject matter that, as a result of inventive activity, is capable of being used industrially or commercially.

The following subject matter is not regarded as being patentable:

• theoretical or purely scientific principles and conceptions
• creations that are purely ornamental in character
• financial or accounting methods, the rules of games and all other systems having an abstract character, including, in particular, programs or a series of instructions for carrying out the operations of a computer (i.e. computer programs)
• subject matter, the publication or use of which would be contrary or present a threat to public order, the security of the state or public decency
• the discovery of an object that already exists in nature (in this regard, see the comments below in relation to Certificates of encouragement).

Additionally, in order to be patentable, the subject matter for which patent protection is being sought must be new, involve an inventive step and be capable of being used in commerce or industry. The requirement of novelty is discussed in more detail below.

The Law provides that an invention relating to a pharmaceutical invention can only be patented if its object is a product, a substance or a composition that is introduced for the first time in the form of a pharmaceutical.

An invention is regarded as being new if it does not form part of the current state of the art at the effective date of the application. The current state of the art comprises everything that is or has been made available in the public domain before the priority date of the patent application, whether such availability occurred through a written or verbal description, through use or in any other way.

Applications are subjected to formal examination. Once all the formal requirements have been complied with, issuance of a DRC patent can be expected within about two to three years after the application filing date.

Patents of invention are granted for a maximum term of 20 years.  Patents of invention relating to pharmaceuticals are granted for a maximum term of 15 years.  Both of these periods are calculated from the filing date of the application.

Patents of importation expire at the same time as the foreign patent on which they are based. Patents of improvement expire at the same time as the parent DRC patent on which they are based. Maintenance fees are payable on granted patents and pending applications, and the first maintenance fee falls due by the second anniversary of the application filing date.

he Law provides for copyright in respect of all original works by authors, regardless of the type, the form of expression or the merit, including:

• Books, pamphlets, brochures and other writings of a literary, artistic or scientific nature
• Lectures, addresses, sermons, commentaries, whether oral or written
• Dramatic and dramatico-musical works, including choreographic works, pantomimes
• Musical compositions with or without lyrics
• Cinematographic and audiovisual works
• Newspapers, journals or other publications
• Works of art, architecture, painting, drawing, sculpture, lithography, etc
• Photographic works
• Works of applied art or craft
• Illustrations, geographical charts, plastic works relating to geography, topography, architecture
• Works of folklore
• Translations, adaptations, arrangements of works
• Collections of works.

There is no provision or requirement for registration.

Copyright generally endures for the lifetime of the author (if known) plus 50 years from the author’s death or dissolution. Copyright published posthumously by authorised persons endures for 50 years following the first of January of the calendar year following the year when the work is published, displayed, performed or exhibited for the first time. The copyright in a photographic work, phonograms and video-grams endure for 25 years from publication or production.

Protection for industrial designs is available in the DRC only by way of a national filing.  As the DRC is a signatory to the Paris Convention, such a national filing can claim convention priority.

According to the Law, an industrial design is understood to include any assembly of lines and/or colours intended to give any industrial or artistic article a distinctive appearance. It is further understood to include any plastic shape, whether associated with colours or not, and/or any industrial or artistic article that can serve as a model for manufacturing of other similar articles and which can be distinguished from similar articles, either by a distinct or recognisable configuration that gives it a novel character, or by one or more external effects giving it a specific and novel appearance.

It is important to note that the Law provides that, for the purpose of pursuing protection, the same creation cannot be considered as being an invention and also a design or an industrial model. If the same creation has features that could be susceptible both to industrial design and patent protection and these features are inseparable from one another, only those features relating to the invention shall be susceptible to protection.

The following subject matter is regarded as not being susceptible to design protection:

• Any industrial design or model that is contrary to public order or decency
• Any industrial design or model, the shape of which has been designed for technical or industrial purposes to such an extent that it is inseparable from the desired result
• Any reproduction or servile imitation of a natural design or model.

Novelty is determined on the same basis as for inventions, as outlined in the section on Novelty under PATENTS above.

Applications are examined only as to form.

No provision is made for the filing of an opposition to the grant of a design prior to registration thereof.

The initial term of the design registration is five years, being extendible upon payment of renewal fees for a further five year term. The term of the registration starts from the date of application for registration.  A six month grace period for paying the renewal fee is provided. If the renewal fee is not paid, the registration lapses.