At present, Eritrea does not have an Intellectual property Office and it is envisaged that intellectual property legislation will be enacted in the near future. The Director of Domestic Trade under the supervision of Ministry of Industry and Trade are in charge. The Commercial code, Civil Code and the Penal Code include provisions in respect of patents, trademarks and industrial designs, however the current legislation does not embrace provisions as regards the machinery of registration. Accordingly, the only protection available is through publication of a cautionary notice in one or two of the local newspapers in both the English language and the official Tigriya language.
The system of protecting trademarks by publication of cautionary notices has the same legal effect of other legal systems.Once the Trademark is published in the Official Gazette it has full recognition by the authorities as the sole property of the applicant.
Such publication gives the owner of the trademark an exclusive right of using the said trademark in Eritrea. Furthermore, proprietors of trademarks have the rights to preclude third parties from using the trademark in question or any trademark similar thereof.
If there is any infringement to the Published trademark, it can be stopped by either criminal action or civil action or both.The force of publication of trademarks in the Official Gazette of the State of Eritrea has the same effect as the legal force of registration of trademark under any other legal system in the world.
There is no classification system and a single Cautionary Notice may include goods and/or services in any number of classes. A separate Cautionary Notice is required for each mark.
Patent for Invention:
Protection for patent is not available.
Protection for Utility model is not available.
Protection for Design is not available.
Protection for Copyright is not available.
Others & Note:
Regarding other IP affairs in Eritrea such as: Domain Name, Anti-Counterfeit, Legal Service, IP Watch Service, IP search, IP Portfolio Management, Please contact us.
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