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Power of Attorney
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Power of Attorney
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Sudan


Sudan is buffeted by civil war, chronic political instability, adverse weather, high inflation, a drop in remittances from abroad, and counterproductive economic policies. The private sector's main areas of activity are agriculture and trading, with most private industrial investment predating 1980. Agriculture employs 80% of the work force. Industry mainly processes agricultural items. Sluggish economic performance over the past decade, attributable largely to declining annual rainfall, has kept per capita income at low levels. A large foreign debt and huge arrears continue to cause difficulties. In 1990 the International Monetary Fund took the unusual step of declaring Sudan noncooperative because of its nonpayment of arrears to the Fund. After Sudan backtracked on promised reforms in 1992-93, the IMF threatened to expel Sudan from the Fund. To avoid expulsion, Khartoum agreed to make payments on its arrears to the Fund, liberalize exchange rates, and reduce subsidies, measures it has partially implemented. The government's continued prosecution of the civil war and its growing international isolation continued to inhibit growth in the nonagricultural sectors of the economy during 1998. Hyperinflation has raised consumer prices above the reach of most. In 1998, a top priority was to develop potentially lucrative oilfields in southcentral Sudan; the government is working with foreign partners to exploit the oil sector.

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Trademark

Period
A trademark registration is valid for a period of 10 years from date of filing.

Renewal
A trademark registration is renewable for a period of 10 years each. There is a six-month grace period before expiry for late renewal of a trademark.

Requirements:

  • Power of Attorney, simply signed.

Note: The Registrar in Sudan sometimes asks for a certified copy of the corresponding home registration of the trademark.  

Classification
The international classification of goods and services is followed for the purpose of registration of marks. Class 33 and "Beer, ale and porter" in class 32 as well as related services are not registrable.
A separate application is required for each class.

Color of the mark
A trademark may be limited in whole or in part to one or more specified colors.

Search
An official search can be conducted for word marks and devices.
A separate application is required for search in each class.

Examination
Trademark applications are examined when they are filed with regard to their registrability.

Assignment Requirements
Assignment may be made with or without goodwill.

Requirements:

  • Legalized Power of Attorney, signed by the Assignee.
  • Legalized Deed of Assignment, signed by both parties.
  • The original registration certificate for endorsement
  • Certificate of incorporation of the Assignee with English translation
  • Form No. 11
  • Form No. 12, notarized

Filing Requirements:

  • Power of Attorney simply signed and sealed. Separate power is required for each application or set of simultaneous applications.
  • Legalized Certificate of Incorporation, with English translation.
  • Printing block and 15 prints (for each class).
  • Priority document, if priority is claimed.

Requirements 1-3 must be submitted at the time of filing. Requirement 4 must be filed within 3 months from date of filing.

Change of Name/Address

Requirements:

  • Legalized Power of Attorney.
  • Legalized Certificate of the change of name, with Arabic translation.
  • The original registration certificate for endorsement.

Recordal of License
Compulsory. License agreement should be recorded within 6 months from the date of execution.
Requirements:

  • Legalized Power of Attorney.
  • License Agreement, signed by both parties
  • The original registration certificate for endorsement.
  • Legalized Certificate of Incorporation of the Licensee.

Use Requirements
Use of trademark is Not compulsory for filing applications for registration nor for maintaining trademark registration in force, however, a trademark is vulnerable to cancellation by any interested party who can establish that the trademark was not used during the five years preceding the application for cancellation.

Appeal
Any refusal by the Registrar to register a mark may be appealed to the court.

Opposition
TM applications accepted by the Registrar are published in the official gazette. There is an eight-month period from the date of publication during which any interested party may file an opposition.

Marking
Marking of registered marks is not compulsory.

Cancellation
The cancellation of a registered trademark will be ordered by the court on the request of any interested person or the Registrar:
1) If the mark was not entitled to registration under the provisions of the law.
2) If the mark has been obtained by fraud.
3) If the mark has without legitimate reason not been used after registration during five consecutive years preceding the allegation of non-use.

Abandonment
When the registered owner of any trademark, is or becomes a national of a boycotted country, all his rights in the trademark will cease and be sequestered and will vest in the Minister as custodian

Status of unregistered trademark
No person will be entitled to recover damages for infringement of a trademark not registered

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Patent

Types of Patents

Patents of invention and patents of improvement

What is not patentable?
1) Principles and discoveries of a scientific nature
2) Inventions contrary to public order or morality

Period
A patent is valid for a period of 20 years from date of filing.

Examination
Patent applications are examined as to their form only.

Annuities
Payable annually as from date of filing. There is a six-month grace period for late payment of annuities.

Filing requirements:

  • Power of Attorney, simply signed.
  • Three copies of the specifications in English with Arabic translation of Abstract.
  • Three sets of formal drawings.
  • Legalized Certificate of Incorporation, with English translation.
  • Priority document, if priority is claimed.

Requirements 2 & 3 must be submitted at the time of filing. Requirements 1 & 4 must be filed as soon as possible after date of filing. Requirement 5 must be filed within 3 months from date of filing.

Assignment Requirements:

  • Power of Attorney, simply signed by the Assignee.
  • Power of Attorney, simply signed by the Assignor.
  • Deed of Assignment, signed by both parties.
  • The original registration certificate for endorsement.
  • Legalized Certificate of Incorporation of the Assignee, with English translation.
  • Form No. 3, signed by both parties

Change of Name/Address

Requirements:

  • Power of Attorney, simply signed.
  • Legalized Certificate of the change of name and/or address.
  • The original registration certificate for endorsement.
  • Legalized Certificate of Incorporation, with English translation.

Recordal of License

Requirements:

  • Power of Attorney, simply signed.
  • License Agreement, signed by both parties.

Working
Working of a patent is required. Insufficient working within four years from date of filing or three years from the date of grant will be grounds for granting compulsory licenses.

Opposition
There are no provisions for filing opposition to a patent registration.

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Design, Model & Integrated Circle

No statutory law on designs is in force

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Copyrights

No statutory law on designs is in force

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Litigation

No statutory law on designs is in force

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Arbitration & Mediation

No statutory law on designs is in force

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Domain Name

No statutory law on designs is in force

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Watch Services

No statutory law on designs is in force

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Unfair Competition

No statutory law on designs is in force

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