Under the previous IP regime in Burundi, registered trademarks were indefinitely protected without the need for any possible renewal.
With the new IP law which came into force on July 28, 2009, trademarks registered in Burundi must now be renewed once every 10 years.
The question then arose as to whether the novel requirement to renew was applicable to trademarks registered prior to July 28, 2009, when the current law was enacted.
According to the transitional provisions in the law, trademarks registered prior to the new law were not subject to mandatory renewal and remained valid indefinitely, except in instances of cancellation or expiry of the trademark.
The entry into force of the new law has clarified matters: all trademarks, including those registered under the former law shall need to be renewed for 10-year period before July 28, 2019.
It is yet to be determined as of which date it will be allowed to file application for the renewal of these old trademarks.
To be followed…