– Law No. 50/AN/09/06ème L of July 19, 2009 on Industrial Property.
– Law No. 49/AN/09/06ème L of April 19, 2009 creating the Djibouti Office for Industrial Property (ODPIC).
– Decree No. 2009-0271/PR/MCI of December 5, 2009 on ODPIC organization, published December 15, 2009.
– Decree No. 2011-079/PR/MCC of May 25, 2011, published May 31, 2011 for application of the Law No. 50/AN/09/06ème L on Industrial Property.
– Decree No. 2012-169/PR/MDC of March 1, 2012 on content of ODPIC Registers, published March 15, 2012.
– Law No. 159/AN/12/6ème L of June 9, 2012 establishing the official fees of ODPIC.

Note: while the former French Law of July 14, 1909 should have stayed in force, very few designs or models were registered in Djibouti before 2012. From June 2012, designs and models can be registered by application of the above texts.

– WTO’s TRIPS Agreement, since May 31, 1995.
– Convention Establishing the World Intellectual Property Organization (WIPO), since May 13, 2002.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since May 13, 2002.
– Locarno Agreement Establishing an International Classification for Industrial Designs. Although not a member, applied by Djibouti from June 2012 by reference made in Art. 113 Law of July 19, 2009.

Applicant: any natural or legal person.

Foreigners: may apply for registration, subject to reciprocity, but must have a representative in Djibouti if not resident.

Right to the design and model: belongs to the author or his successors in rights, but the first applicant is presumed to be the author until contrary is proven.

Invention made by an employee: same provisions as for “patents“.

Types of designs and models: any new design, new shape or industrial object associated or not with colors, not divulgated in public anywhere in the world (except in international exposition) before the date of application or priority requested.

Novelty: required.

Series application: possible. One and same registration may include up to one hundred models or designs if intended to be incorporated in an object of the same class (according to the Locarno Agreement).

Claiming priority: should be claimed at time of registration.

Excluded from registration: designs and models of which characteristics are exclusively imposed by their technical functions; designs and models contrary to morality or public order; state and international organizations’ emblems, hall marks, control or guarantee marks, national or foreign decorations, national or foreign coins and banknotes.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (not legalized), can cover several applications present and future;
2. 5 samples of a graphic reproduction or photographs;
3. Nature of the model or design according to the Locarno Agreement;
4. ODPIC fees for examination, registration and legal advertisement have to be paid in the application process with annuities for the first five-year period.

Grace period for filing missing documents: three months.

Electronic filing: any filing of documents (application, additional documents, corrections or amendments) may be transmitted by e-mail through the local agent. ODPIC might request the original documents to be sent at a later date.

Examination: ODPIC examines only formal requirements.

Rejection: has to be notified to the applicant or agent and can be appealed before the First Instance Court in a delay of two months.

Publication: by ODPIC in the local newspaper.

Duration/renewal: five years, renewable for two further periods of five years in the delay of six months before expiry date.

Grace period for late payment: six months with surtax.

Marking: not compulsory.

Assignment/license: should be recorded with ODPIC.

Cancellation: possible if the design is not new or illegal, at the request of any person or public prosecutor by court decision.

Arrest of design or model: possible by any creditor with President of Court order and validation by court judgment.

Infringement: making, selling, importing of goods incorporating the design or model are forbidden for commercial use.

Allowed use: private and non-commercial use. Scientific, educative, academic or experimental use, use on board airplanes, vehicles or vessels in temporary transit in Djibouti.

Actions and sanctions for infringement: same as for “patents“.