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Enforcement of IPRs in Sudan


Enforcement of IPRs
Counterfeit goods act as a cheap alternative to the original goods, which is one of the main causes of counterfeiting and piracy in Sudan.
Medicines and medical products most often face counterfeiting and piracy in Sudan.
They are as follows:
  • The Copyright and Related Rights Act (2013);
  • The Literacy and Artistic Works Act (2001);
  • The Antiquities Protection Law (1999);
  • The Copyright and Neighbouring Rights Protection Act (1996);
  • The Seeds Act (1990);
  • The Industrial designs Law (1974), enacted in 1999;
  • The Copyright Law (1974);
  • The Patent Law (1971);
  • The Trademark Act (1931); and
  • The Trademark Law (1969).
Copyright and elated rights, patents, trademarks, and industrial designs are the different types of IPRs protected by IPR enforcement in Sudan.
In order to make an application to the registrar for securing intellectual property rights, including for assignment, transmission, renewal, hearing, and all other matters relating to this act, it is necessary to appoint a domestic agent.
As per section 27(2) of the Trade Marks Act, no person shall be entitled to recover damages for the infringement of a trademark not registered in the Republic of Sudan. Therefore, in order to successfully enforce an intellectual property right in the authorized court of law, it may be necessary to register one’s rights.
No; however, the Civil Procedure lays down that the same shall not be more than 15 years from the date of the harmful act (if theclaimant did not have knowledge), but no more than 05 years from the date on which the claimant came to know about the harmful act.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
A) Responsible Authority - High Court, the Court of Appeal
B) Imprisonment Term - Trademarks: up to 01 year; Copyright: up to 03 years; however, in the case of recidivism, the term of imprisonment shall be doubled; Patents: 01 year; however, in the case of recidivism, the term of imprisonment shall be doubled.
C) Monetary Fine - Trademarks: Ls.200 to Ls.-500, Copyright: as determined by the court considering the facts and circumstances of each case; however, in the case of recidivism, the penalty shall be doubled; and copyright: one thousand Pounds.
The decree, amending the prior Arbitration Law enacted in 2005, is an Act of Parliament. It is derived from different sources, including the old Sudanese Arbitration. Despite such framework, ADR techniques have not acquired prominence in resolving IPR disputes.
The remedies available under border control measures (customs) in Sudan include seizure and destruction of goods.
The applicant bears the cost of customs intervention during enforcement.
The customs shall withdraw from taking any action pursuant to the application made by the IP rights holder or that in furtherance of their own motion to remove counterfeit goods if he or she abuses enforcement measures.
Court Proceedings