What are the causes of counterfeiting and piracy in Djibouti?
Because of the nascent nature of IP protection, counterfeit products are rarely seized and no statistics on seizures are published There have been reports of seizures of counterfeits; however, the statistics are unavailable.
Which are the goods that most often face counterfeiting and piracy in Djibouti?
Clothes, watches, electronics, and bags are the goods that most often face counterfeiting and piracy in Djibouti.
Does Djibouti have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
What are the specific laws/orders/rules laid down in Djibouti for the enforcement of Intellectual Property Rights?
They are as follows:
The Law No. 50/AN/09/6 L on the Protection of Industrial Property
The Copyright and Neighbouring Rights Law No.154/AN/06 of July 23, 2006
What are the different types of IPRs protected by IPR enforcement in Djibouti?
Patents, trademarks, copyright, and industrial designs are the different types of IPRs protected by IPR enforcement in Djibouti.
What are the general IPR enforcement obligations in Djibouti?
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Before instituting any proceedings for infringement, it is usual for the trademark owner to make an application to the president of the Court of First Instance for a seizure order. If successful, the order is signed by the president of the court on the day itself, or soon thereafter, of presentation of the petition by the lawyer acting for the trademark owner, and without notice being given to the defendant. Once granted, the seizure order is served by the bailiff on the person suspected of being in possession of counterfeit products. The bailiff will then draw up a report (saisie-description) detailing the nature of the defendant’s activities and the extent of the counterfeiting.
Is there any limitation period for filing an infringement action?
The Code of Criminal Procedure provides for a statute of limitations period for prosecution of 10 years for serious crimes (art. 3), 03 years for ordinary offences (art. 4) and 01 year for minor offences (contraventions) (art. 5).
Djibouti indicates that continuing offences were not subject to a statute of limitations period owing to the application of article 3 of the Criminal Code.
Which of the following IPR enforcement channels is/are available in Djibouti?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - No
Are civil actions available for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Which of the following types of civil remedies is/are available in Djibouti?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Djibouti than the ones mentioned above? If yes, then kindly explain in brief.
What is the approximate timeline of civil litigation related to IPR enforcement in Djibouti?
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Djibouti? If yes, then kindly give 2-3 points?
Is criminal prosecution available in Djibouti for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Which is the responsible authority in Djibouti corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Public prosecutor’s Office, Civil Commercial and Magistrates Chambers of Courts of First Instance
B) Imprisonment Term - Patents: up to 05 years; Copyright: 01 month to 06 months, but may extend to 05 years in case of repetition; Trademarks: 02 years
C) Monetary Fine - Patents: 10,000,000 FD to 2,000,000 FD; Copyright: 50,000 and 200,000 Djibouti francs, but may extend to 100,000 to 400,000 Djibouti francs on repeated conviction; Trademarks: up to 2,000,000 FD
Are there any other criminal remedies available in Djibouti than the ones mentioned above? If yes, then kindly explain in brief.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Djibouti? If yes, then kindly give 2-3 points?
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
There is no well-established framework to facilitate dispute resolution through ADR mechanism; however, where the parties mutually agree, the same route may be pursued.
Are border control measures (customs) available in Djibouti for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
What are the remedies available under border control measures (customs) in Djibouti?
There are no provisions authorizing the Customs to seize the counterfeits. If the suspected counterfeit products are about to enter the country, it will be necessary for court proceedings to be initiated as outlined above. For such proceedings to be effective, full details of the shipment and the location of the counterfeit goods will be necessary.
Who must bear the costs of customs intervention during enforcement?
The applicant must bear the costs of customs intervention during enforcement.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
Which are the best practices for enforcement of IPRs in Djibouti?
Are there any risks involved in the enforcement of IPRs in Djibouti? If yes, then kindly give 2-3 points.
The administrative measures with respect to ADR are still at a nascent stage. Also, there is no formal method of recording IPRs with the Customs Authority, which is an added disadvantage in controlling counterfeits.