Afghanistan IP: Trademarks, Patents, Industrial Designs, Copyright and Domain Names

The Islamic Republic of Afghanistan is a landlocked country in south central Asia. It is bordered by Iran in the south and west, Pakistan in the south and east, Turkmenistan, Uzbekistan and Tajikistan in the north, and China in the far northeast.

Afghanistan is a member of the South Asian Association for Regional Cooperation (SAARC), Economic Cooperation Organization (ECO) and the Organization of the Islamic Conference (OIC). It is an impoverished country, one of the world's poorest and least developed. Two-thirds of the population lives on fewer than 2 US dollars a day.

One of the main drivers for the current economic recovery is the return of over 4 million refugees from neighbouring countries and the West, who brought with them fresh energy, entrepreneurship and wealth-creating skills as well as much needed funds to start up businesses.

General Information

Capital:

Cabul

Population:

28 Million

Languages:

Dari (Persian)

Languages:

Pashto

Government Type:

Islamic Republic

Dialing Code:

+93

Timezone:

GMT +4

Monetary Unit:

Afghani (AFN)

More information:

Afghanistan

Patents

Can be done by cautionary notice:

Patent law has not come into force in Afghanistan so far, and it is expected to come in force within the next 6 to 12 months. Unfortunately, at present there is a legal vacuum in this field. Hence, it is not possible to file patent applications in Afghanistan at present.
At present, as the only available way of protection and to provide relatively a remedy for the said legal vacuum, we advise all our clients to publish a Cautionary Notice in the local Newspaper(s) in the English Language.
The Cautionary Notice stating that such and such invention related to a particular matter belongs to such and such inventors/company. Although the publications of cautionary notices are not registered in any official registers, and it is only an advertisement but it could be a base for claiming priority right in the future when the patent law comes in force in the country. Therefore the publication should be in detail, and not in a short form. If it is published in short form, it may not serve the priority purposes.
There are no specific requirements for publication of Cautionary Notices in Afghanistan, however the basic information needed are as follows:
1. Full name and address of the applicant(s);
2. Full name and address of the inventor(s);
3.Copy of the specification;
4. Copy of the drawings;
5. Copy of the claims; and
6. Copy of Abstract.

Trademarks

Filing requirements:
-Power of attorney legalized up to the Afghani Consulate (Power Form).
-Prints of the mark (not required for word mark).
-The list of the goods and/or services and the classes.
-The particulars of home registration, if there is any.
-Details of the applicant.

Renewal Requirements:
-Power of attorney legalized up to the Afghani Consulate (Power Form).
-Registration or last renewal certificate.

Change of Name/ Address Requirements:
-Power of attorney duly legalized up to the Afghani Consulate (Power Form).
-Certificate of change of name duly legalized up to the Afghani Consulate.
-Original trademark registration certificate for endorsement.

Assignment Requirements:
-Power of attorney legalized up to the Afghani Consulate (Power Form).
-An assignment deed executed by both the assignor and the assignee and legalized up to the Afghani Consulate . (Assignment Form)

License/ Registered User Requirements:
-Power of attorney executed by the licensee legalized up to the Afghani Consulate (Power Form).
-License agreement legalized up to the Consulate of Afghani.

General Information:
-Time from filing to registration: 12 months.
-Registration duration: 10 years from filing date.
-Renewal duration: 10 years.
-Publication: Twice in the Official Gazette after the payment of the publication fees. The first time for opposition purposes and the second time for registration.
-Oppositions period: 15 days.
-Classification of Goods/ Services: International Classification.
- Renewal must be effected within the last 12 months; a grace period of 3 months is given after the expiration date without penalty.
-Multi-Class Jurisdiction
-Convention priority can claimed
-Documentation required to file Power of Attorney, legalised
-10 Prints of the Mark
-Renewal due 10 years from the Application Date, and every 10 years thereafter
-Grace Period Owing to the extraordinary situation in Afghanistan, it is possibly to renew a Trade Mark up to nine months after its renewal falls due
-Documents required to renew Power of Attorney, legalised;
-Certificate of the last Renewal (or a photocopy thereof);
-10 Prints of the Mark
-Proof of use due N/A - Use is optional unless made compulsory by the Afghan Government.
-Documents required to file proof of use N/A
-Can be struck off for non-use N/A - Use is optional unless made compulsory by the Afghan Government.

Copyrights

Berne Convention for the Protection of Literary and Artistic Works

As a member of the Berne Convention, it is possible to copyright protect creative works in this country as well as all the other member nations automatically (more than 160 countries), with one single application.

For more information and to submit us your works for worldwide copyright protection, click here.

Domain Names

Domain extension:

.af

More information

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For more information about the services we provide, please consult our IP Services Page.

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For the best current charges, please consult us.

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Afghanistan IP: Trademarks, Patents, Industrial Designs, Copyright and Domain Names