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Enforcement of IPRs in Chad

Chad

Enforcement of IPRs
Lack of administrative measures and awareness about the difference between counterfeit and original goods make it difficult to pre-empt such unauthorized acts and violations of legal rights. It is for these reasons that the operations to make counterfeit goods are functioning in Chad.
Medicines and medical products most often face counterfeiting and piracy in Chad.
No
They are as follows:
  • The Law No. 006/PR/2008 establishing the Investment Charter of the Republic of Chad;
  • The Decree No. 625/PR/PM/MDCA/07 August 27, 2007, on Amendments to Decree No. 313/PR/PM/MCJS/05 of May 30, 2005, on Organization and Functioning of the Copyright Office of Chad (BUTDRA);
  • The Decree No. 313 2005-05-30 PR/MCJS/05 of May 30, 2005, on the Organization and Functioning of the Copyright Office of Chad (BUTDRA); and
  • The Law No. 005/PR/2003 of May 2, 2003, on the Protection of Copyright, Neighbouring rights and Expressions of Folklore, Bangui Agreement.
Trademarks, Copyright, and Patents are the different types of IPRs protected by IPR enforcement in Chad.
All the intellectual property rights in Chad are protected only in the terms of the Bangui agreement by the way of filing with the OAPI Organisation (Africaine de la PropriétéIntellectuelle) intellectual property office. For seeking an action of infringement, registration of the mark is necessary. However, the action of passing-off may be instituted against the alleged infringer where registration has not been obtained.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
No
No
Yes
Yes
A) Responsible Authority - Criminal Court, High Court
B) Imprisonment Term - Copyright: it may range from 03 months to 02 years; Patents: 06 months to 05 years; Trademarks: up to 02 years
C) Monetary Fine - Copyright: 50,000 to 5,000,000 CFA francs; Patents: 1,000,000 to 3,000,000 CFA francs
No
No
There is no well-established mechanism to facilitate resolution of disputes through ADR techniques. However, where both the parties mutually agree, they may resort to private mediation.
No
No
N/A
N/A
N/A
Court Proceedings
The lack of custom enforcement is a major threat to the proprietors of trademarks registered domestically as well as under foreign legislations in their respective jurisdictions.