Legislation Intellectual property legislation in the Sudan includes Patents
and Design Law No. 58 of 1971, Trademarks Law No.8 of 1969, Copyright and
Related Rights Law of December 1996. The Sudan has ratified the WIPO Convention
as of February 1974 and is a signatory of the Paris Convention (Industrial
Property) since April 1984, and the Patent Cooperation Treaty (PCT) as of
April 1984, the Madrid Agreement (International Registration of Marks) since
May 1984, and the PLT (Patent Law Treaty) since June 2000, and the Berne
Convention as of December 2000. Industrial Property is administered by the
Registrar General of Intellectual Property under the supervision of the
Ministry of Justice (The Attorney General Chambers). Copyright and Related
Rights is administered by the Office for the Protection of Intellectual
Property (Copyright) under the supervision of the Ministry of Culture and
Tourism.
Sudan Patents Registration
When an application is filed, the Patents Section of the Registrar General
of Intellectual Property Office will examine the patent application to ensure
compliance as regards formal requirements. Once compliance with formal requirements
has been satisfied, the application shall be given a filing number and a
filing date. The application for a patent must relate to only one invention,
however, the applicant after being notified to amend his application, may
within a period of three months file one or more divisional applications
which shall benefit from the date of the original application. Claims of
one or more products, one or more manufacturing processes for the product,
one ore more applications for products may be included.
If formal requirements called for under the Implementing Regulations are
not satisfied the applicant will be notified to complete formal requirements
within a period not exceeding 90 days from the date of notification. Patents
are valid for 20 years as from the date of filing. Annuities can be paid
on or before the due date, however a grace period of 6 months is permitted,
subject to payment of a fine. The patentee must exploit the patent within
a period of 4 years as from the filing date or 3 years as from the date
of grant. Accordingly, if a patentee failed to exploit the invention within
the prescribed period, an interested third party may get in the way and
request cancellation of the patent or grant of a compulsory license. The
Patents Section of the Registrar General of the Intellectual Property Office
may, in an appropriate case, grant a compulsory license to any interested
person in a position to put the patent into operation.
An assignment of a patent requires to be recorded in the Official Gazette
within a period of 6 months subject to presentation of a duly executed and
legalized deed of assignment. Pursuant to S.9 any person prior to acceptance
or after acceptance of a patent grant may challenge the patent right on
the ground of usurpation to the effect that the applicant for the patent
has wrongfully obtained the invention or any part thereof by way of filching
i.e. theft. Again, Pursuant to S. 47 any person may initiate legal proceeding
after the patent has been granted requesting revocation on the following
grounds. First, that the subject of the patent is not patentable within
the terms as prescribed under the Patents Act. Second, that the description
of the invention or the claim or claims in the patent does not satisfy the
requirements as prescribed under the Patents Act. Third, that for the same
invention, a patent has already been granted in the country as a result
of a prior application or for an application benefiting from an earlier
application. Opposition matters shall be presided over by the Intellectual
Property Tribunal whose decision shall be appealed to the competent Appeal
Court.
Formal filing requirements for a non-PCT application are as follows:
Name and address of the applicant including his nationality,
his domicile and the address of his place of business, including an
indication of service within the Sudan.
If the applicant is not the inventor the name of the inventor and
his address must be indicated.
A power of attorney simply signed.
A duly certified copy of the certificate of incorporation or an
extract from the Commercial Register duly legalized by a Sudanese
Consulate, if the applicant is a legal entity.
Three copies of the specification and claims in English including
sufficient description of the invention.
Four sets of the formal drawings if any.
An abstract of the invention translated into the Arabic language.
International patent classification.
A duly executed deed of assignment if the applicant is not the
inventor.
Priority document, if priority is to be claimed showing the filing
country, the filing date and if possible the serial number. A copy
of the priority document certified as correct by the patent office
where it was made must be submitted within three months from the date
of application.
Formal filing requirements for a PCT application are as follows:
Particulars of the applicant.
Power of attorney simply signed.
Copy of the specification, claims.
Copy of formal drawings if any.
Copy of the abstract as published by WIPO with an Arabic translation.
Copy of PCT international advertisement.
Copy of the International Search Report.
Copy of the International Preliminary Report.
Copy of any changes, if any, made during the international phase
process at WIPO.
NOTE: Documents required for mandatory formal filing are:
Particulars of the applicant, title of the invention, copy of the specification,
claims, formal drawings, and an abstract as published by WIPO. Other indicated
documents may be filed within a two months period. Applications based on
International Search article 22, chapter 1 of the PCT enters into Sudan
national phase within twenty (20) months from the date of the priority claim.
However those based on an international preliminary examination article
39, chapter 11 of PCT shall enter in Sudan national phase within 30 months
from the date of the priority claim.
ARIPO Applications:
The Sudan is a member of African Regional Industrial Property Organization
(ARIPO). Please click on ARIPO to see filing requirements.
Designs
An examination shall be carried out by the Industrial Designs Office of
the Registrar General of the Intellectual Property Office. Designs are examined
as to form to ensure conformity with formal filing requirements. In the
event no official objections are brought up; and the design is approved,
registration shall be consummated in a comparatively short period. Notification
of approval will be published in the Official Gazette. If the proprietor
elects to assign his right in the design, a duly executed deed of assignment
must be recorded within a period of six months and hence published in the
Official Gazette. A design is valid for a period of 5 years from the filing
date and it is renewable for two consecutive similar periods. Infringements
are presided over by the Industrial Property Tribunal. Decisions can be
appealed to the Court of Appeal whose decisions may be appealed to the Supreme
Court.
Formal filing requirements
Power of attorney simply signed.
A duly certified copy of the certificate of incorporation or an
extract from the Commercial Register duly legalized by a Sudanese
Consulate, if the applicant is a legal entity.
The product or products which constitute the industrial design.
A comprehensive description of the industrial design in two prints.
An indication of the method of production of the industrial design.
An indication of the class or classes to which it belongs when appropriate.
A photographic picture of normal size or a sketch drawing indicating
dimensions of the industrial
A duly signed declaration from the actual designer bearing his name
and address if he wishes to have his name stated in the registered
particulars.
A duly executed deed of assignment if the applicant is not the proprietor.
Priority document, if priority is to be claimed.
Patent annuities 1. Power of attorney simply signed. 2. Particulars of the applicant. 3. The number and date of filing of the patent.
Changes (a) Change of the owner's name. (b) change of the owner's address (c) assignment (d) licensing contract (e) mergers
Requirements: 1. A duly executed Deed of Assignment legalized by an Sudanese
Consulate 2. Power of attorney duly executed and legalized by an
Sudanese Consulate 3. A duly executed contract of licensing. 4. A duly certified merger instrument. 5. A duly certified instrument of change of name and/or
address. 6. Original letters of patent for endorsement purposes.
Trademarks/service marks
The Trademarks Section of the Registrar General of the Intellectual Property
Office will examine application to ensure formal compliance. Once formal
compliance is secured, the application will be published in the Official
Gazette, and hence the Certificate of Registration will be issued. Completion
of formal requirements must be made within a period of three months from
the date of notification thereof. Opposition to registration may be made
by residents or non-residents within a period of six months or eight months
respectively as from the date of publication. The International Classification
of Goods and Services is followed (Nice Classification). The term of validity
for a duly registered trademark is 10years, renewable for similar periods
subject to payment of the prescribed fee, nonetheless a period of 6 months
grace is allowed. A trademark may be assigned with or without goodwill;
however an assignment must be recorded within a period of six months from
the date of assignment as shown in deed of assignment. A trademark may be
cancelled, if an interested third party established cogent grounds showing
non-use for a period of five years as from the date of filing. Infringement
acts include, inter alia, unfair competition acts and passing off and shall
be presided over by the Industrial Property Tribunal. Decisions can be appealed
to the Court of Appeal whose decisions may be appealed to the Supreme Court.
Formal filing requirements are as follows:
Name and address of the applicant including his nationality,
his domicile and the address of his place of business.
A power of attorney simply signed and duly certified and stamped
with the company's seal.
A duly certified copy of the certificate of incorporation of the
applicant company duly legalized by a Sudanese Consulate.
16 prints of the mark for each class and a printing block.
The meaning of word marks if any.
A complete list of goods and services to be covered by the registration.
A certified copy of the basic or country of origin registration
if priority is to be claimed.
NOTE: The same documents are required for Service and Collective
Marks Applications. All documents may be filed together with the application
form or later within a period preferably not exceeding a three months period.
Search Applications:
Formal requirements are as follows; 1. Four prints of the mark for which protection is sought. 2. The class or classes in which search is envisaged to
be made.
Agency Agreements.
Formal filing requirements are as follows: 1. A power of attorney duly certified and stamped with
the company's seal. 2. An Agency Contract duly executed and legalized by a
Sudanese Consulate. 3. A local agent should submit the requisite documents
showing a Tax and Alms clearance.
Changes. (a) Alteration of goods and services. (b) Alteration of a registered trademark. (c) Voluntary cancellation of a registration. (d) Change of name and / or address of the owner. (e) Assignment of the registration. (f) Licensing contracts.
Requirements: 1. A power of attorney duly executed and legalized by a
Sudanese Consulate. 2. A duly certified instrument of change of name and/or
address. 3. Original certificate of registration / renewal as the
case may be. 4. A deed of assignment duly executed and legalized by
a Sudanese Consulate. 5. A duly executed licensing contract.
Copyright.
Range and extent of protection.
The copyright law provides protection, among other things, for written works,
phonographs and cinematographic films, theatre and musical pieces, television
and radio works for publication, paintings, sculpture and architecture,
maps and speeches. Software is considered as a literary work and as such
a 25 years protection is provided. Protection under the copyright law ends
25 years after the death of the author. However, if the copyrighted substance
is owned by a legal entity rather than a natural person, the 25 years protection
shall begin on the date the material was first published. The author may
assign the rights granted to him subject to prescribed terms and conditions.
Infringements may be litigated before the competent court in light of the
nature of the infringement act. The court's order may involve suspension
of the infringement act, in addition to payment of losses and damages. Or
it may involve confiscation and destruction of the infringed products
Formal filing requirements are as follows:
Name and address of the applicant including his nationality,
his domicile and the address of his place of business.
A power of attorney simply signed.
A duly executed deed of assignment legalized by a Sudanese Consulate
if the author is not the applicant.
Two copies of the work for which protection is sought to be lodged with
the Office for Protection of Intellectual Property ( Copyright ).
