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Enforcement of IPRs in Comoros


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 this reason that the operations to make counterfeit goods are functioning in Comoros.
Medicines and medical products most often face counterfeiting and piracy in Comoros.
They are as follows:
  • The Customs Code (Law N° 15-016/AU of December 28, 2015, promulgated by Decree No. 16-251/PR) Code of Public Health and Social Action for the Well-being of the Population (Law No. 95- O13/A/F of June 24, 1995, promulgated by Decree No. 95-124/PR);
  • The Law No. 082P/A.F - Law No. 95-012/AF on the Penal Code (Crimes and Offenses), Implementing Rules/Regulations;
  • The Decree No. 65-621 of July 27, 1965, on Trade Marks;
  • The Law No. 64-1360 of December 31, 1964, on Trademarks and Service Marks;
  • The Law of March 11, 1957, on Literary and Artistic Property, Implementing Rules/Regulation;
  • The Decree No. 53-970 of September 30, 1953, Amending and Supplementing the Law of July 5, 1844, on Patents for Inventions and Instituting the so-called Compulsory Licenses, Implementing Rules/Regulations;
  • The Decree of February 12, 1913, on Designs and Models, Law of July 14, 1909, on Designs and Models (as amended by the Decree of February 12, 1913);
  • The Decree of June 26, 1911, on Designs and Models, Law of July 5, 1844, on Patents for Inventions; and
  • The Bangui Agreement.
Trademarks, Copyright, and Patents are the different types of IPRs protected by IPR enforcement in Comoros.
All the intellectual property rights in Comoros 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.
Since the language of the court is French, it is necessary to prepare documents accordingly. Also, where it deems fit, a proper translation of the existent documents should be provided.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - No
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - 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
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.
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.