Sudan
TRADE MARKS
The International Classification of Goods and Services (Nice Classification) is applied. A separate application is required for each class. No application may be made for marks for alcoholic products.
Convention priority
Sudan 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 application, provided the Sudan application is filed within six months of such earlier filing date.
Examination/procedure
Prior to registration, the application will be subjected to formal and substantive examination. If the application meets the formal and substantive requirements for registration, it will be published for opposition purposes. The applicant will, if no oppositions are filed, or if an opposition is unsuccessful, be notified that the application has proceeded to grant.
Before the issue of a registration certificate, the applicant must furnish the Registrar with a declaration on oath that his nationality has not changed since the application for registration was lodged.
Opposition
When an application is advertised as accepted, any interested person who is resident in Sudan may, within six months from the date of such advertisement, oppose the registration of the trade mark. Any person resident outside of Sudan may, within eight months from the date of advertisement of an application, file with the Registrar an opposition. Extension of the opposition period is not possible.
Duration and renewal
A trade mark registration is effective for an initial period of 10 years from the date of filing, and is thereafter renewable for similar periods subject to payment of the prescribed fee. A grace period of six months is allowed for such payment, provided that a penalty is paid.
Requirements for recordal:
- Power of attorney from the licensor (legalised)
- Licence agreement
- Certified copy of the certificate of incorporation of the licensee (legalised).
Patent protection
Patent protection is available via a national filing or via an ARIPO application designating Sudan. Sudan has not yet implemented the Harare Protocol (which regulates patent and design filings in ARIPO). Accordingly, there is uncertainty regarding the enforceability of rights obtained though the filing of an ARIPO application designating Sudan.
Although it is possible to file PCT national phase applications in Sudan, the national law has not yet been amended to cater for the PCT. Accordingly, it is not clear whether enforceable rights will be obtained via PCT national phase filings in Sudan.
Patentable subject matter
An invention is patentable if it is new, involves an inventive step and is industrially applicable. An invention which constitutes an improvement on an already patented invention shall also be patentable, if it is new, involves an inventive step and is industrially applicable.
Principles and discoveries of a scientific nature are not considered to be inventions. Patents may also not validly be obtained for inventions the publication or working of which would be contrary to public order or morality.
Novelty
An invention is considered new if it is not anticipated by prior art.
Absolute novelty is required. Prior art is constituted by everything disclosed to the public, anywhere and at any time whatsoever, by means of written or oral disclosure, by use or in any other way before the filing or priority date. However, a grace period of six months is provided where the invention was exhibited by the inventor or his successor at an officially recognised international exhibition.
Examination/procedure
Applications are subjected to formal examination only.
Duration and maintenance
The term of a patent is 20 years from the filing date, subject to payment of annual fees. A grace period of six months is allowed for the late payment of the annual fee, subject to payment of surcharges. Failure to pay the renewal fee causes the patent to lapse.
Subject matter eligible for protection
The Act provides protection, without any formality, to any original intellectual work in the field of literature, science or arts, and whatever the manner of expression, including the following:
- Written works such as books, magazines, periodical publication, article and works of like nature
- Oral work like lectures and sermons
- Talks or silent musical work whether accompanied by words or not
- Plays and musical plays or any other drama work
- Work performed by movements, steps, or pantomime show,
- The audio-visual works such as cinema, or audio-visual television whether accompanied with sound or silence
- Work of fine arts, whether they are sculpture, drawing, painting, decoration or works of applied arts and works of artistic craftsmanship
- Photographic work or works of like nature
- Works of architecture
- Computer programme
- Maps of all kinds, portraits, sketches and relief map relating to geography or topography or science
- The title of work if it is creative
Copyright also extends to derivative works, such as:
- Translations, adaptations, summaries, modification, illustration works
- Groups of protected or unprotected work, on condition that the work shall be creative as to its selection or arrangement of contents thereof
- Printing of all kinds of literal, artistic or scientific work
- Database read from computer, on condition that the work shall be creative as to its selection or arrangement of contents thereof
Protection does not extend to:
- Works that have fallen in the public domain
- Official documents
- Daily newspaper and different events which described as a journalist information
- Ideas, procedures and methods of work, mathematics base, principles, and mere facts, and methods of creation of work.
National folklore is deemed to be the property of the State.
Registration of copyright
Although registration is not a requirement for the subsistence of copyright, the Act provides for the establishment of a general register to be kept by the Registrar; application for registration of works is optional. The register shall serve as prima facie proof of the creation and authorship of copyright works. Registration of contracts for the transfer of the author’s economic rights is obligatory.
Duration of copyright
In the case of most works (except those listed below) the economic rights of copyright endure for the lifetime of the author plus 50 years.
The duration for photographic and applied arts works is 25 years from the date on which the work was made or was made available to the public.
The moral rights shall continue forever.
Design protection
Design protection is available by way of a national filing or via an ARIPO application designating Sudan. As mentioned above, Sudan has not yet implemented the Harare Protocol (which regulates patent and design filings in ARIPO). Accordingly, there is uncertainty regarding the enforceability of rights obtained through the filing of an ARIPO application designating Sudan.
Registrable Subject Matter
An industrial design is defined to mean any composition of lines or colours formed to give a special appearance to any industrial or hand-made product or any plastic form, whether or not it is restricted to colour, on condition that the form or composition can be used as an industrial design or a handicraft design.
Designs which serve solely to obtain a technical result are excluded from protection, as are designs which are against the public interest or morals.
Novelty
Only new designs shall enjoy the protection under the Act. Absolute novelty is required. A design shall be considered new if it was not available to the public at any place and by any means, before the date of application.
However, a grace period of six months immediately preceding the Sudan filing date is allowed, where the design was exhibited by the author or his successor at an official or officially recognised international exhibition.
Examination/procedure
Applications are subjected to formal examination only.
Duration and maintenance
The initial term of the design registration is five years, which is extendible upon payment of renewal fees for two further five year terms. A grace period of six months is allowed for the late payment of the renewal fee, subject to payment of surcharges. Failure to pay the renewal fees causes the design registration to lapse.
Currently, no legislative provision for plant breeders’ rights or other sui generis protection for plants is available in Sudan.
TRADE MARK OFFICE NOT YET DEALING WITH LITIGIOUS MATTERS
Although the Sudanese Trade Mark Office started operating at the beginning of 2024 (see our previous update here), the Office has not yet started dealing with any litigation matters including oppositi...
February 12 2025
THE PATENT OFFICE IS OPEN FOR BUSINESS… SORT OF!
The Patent Office in Sudan has re-opened and is, once again, accepting new domestic patent applications. The Patent Office’s operations are, however, limited. Not only is the Patent Office not curre...
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Trade marks office resumes operations
As of 11 February 2024, the Sudanese Trade Marks Office (“TMO”) has resumed operations after nearly a year of closure due to civil unrest. The TMO is now accepting applications for trade mark regi...
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