Designs

Legal basis

The Industrial Designs Act 1974.

International Conventions

Paris Convention for Protection of Industrial Property

Priority Claim

Yes

Novelty

Yes

Publication Sources

Official Gazette

Period for opposition

No

Publication after grant

Yes

Extension Years

No

Substantive Examination

No

Annuity

Yes

Working Requirements

No

Appellate authority (administrate)

No

Appellate authority (judicial)

Civil Court

Validity of Registration

Five (5) years from filing date, extendable for 5 years

Time Span for registration

Eight (8) months to twelve (12) months from date of
application.

Enforcement of Design rights

  • Registered Design

 

Criminal:

  • Intellectual Property Court

 

Civil:

Intellectual Property Court (infringment)

  • Unregistered Design

Criminla:

Intellectual Property Court

Civil:

  • Intellectual Property Court(unfair competition)

Legal System

Common Law

Service

Description

Official Fees
(USD)

Profesional Fees
(USD)

Total Fees
(USD)

New Application Ordinary application for individuals 25.00 65.00 90.00
  Ordinary application for companies 25.00 65.00 90.00
  Claiming convention priority   50.00 50.00
  Preparing translation of drawings (per sheet)   30.00 30.00
  Arabic translation of specification per page   45.00 45.00
  Publication in Official Gazette 20.00 250.00 270.00
  Registration 35.00 250.00 285.00
  Assignment (against application)   95.00 95.00
  Asignment (against registration)   190.00 190.00
  Recordation of License   145.00 145.00
  Renewal for 5 years   150.00 150.00
  late renwal (per year)   125.00 125.00
  Filing opposition   200.00 200.00
  Obtaining certified copy   100.00 100.00
Service Requirements
DESIGN A Power of Attorney in our favor, legalized up to the Sudan Consulate
  Certificate of Incorporation of the company,  legalized up to the Sudan Consulate if the company is located abroad.
  Deed of Assignment, from the inventor to the applicant,  legalized up to the Sudan Consulate if the company is located abroad.
  A certified copy of the industrial model/design application on the basis of which priority is claimed, if any.
  Full name and address of the applicant.
  Full name, address, nationality, status and activity of the inventor.
  Description of the design, if any, along with an English translation.
  Drawings of the design. Please indicate the figure number and view side on every drawing.
 
Q1) What is the legal base for registration of industrial designs in Sudan?
A1) The  Industrial Designs Act, 1974
 
Q2) Is novelty required for registration of designs?
A2) The law requires absolute universal novelty.
 
Q3) Is the International Classification of Designs followed in Sudan?
A3) No.
 
Q4) Does design and model mean the same thing under Sudan Law?
A4) Yes.
 
Q5) Is a multiple-drawing application for one design acceptable?
A5) Yes, provided that all drawings are inter-related and do not exceed 20 in total.
 
Q6) If the applicant is not the inventor, is a deed of assignment required?
A6) Yes. This applies even if the inventor is an employee of the applicant.
 
Q7) What is the life time of a design/model?
A7) The design certificate protection period shall be five years from the date of filing the application and can be renewed for two successive five year periods.
 
Q8) Is it possible to pay annuities for design/models in advance once and for all?
A8) No
 
Q9) Is there any grace period allowed for late payment of annuities?
A9) Yes.
 
Q10) Is it possible to enforce the rights of unregistered design/model by criminal proceedings?
A10) Yes, although these proceedings may be advisable for infringement of registered designs/model.
However, in the event of infringement of an unregistered design/model a civil suit based on unfair competition and other general law provisions would also be recommended.
 
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