Registration of Invention and Discovery in Afghanistan
Afghanistan’s constitution states in its article forth seven that the government protects the rights of authors, inventors and discoverers, and encourages and support scientific researches in all fields and generalizes the effective use of their results in accordance with the law. Based on this provision of the Constitution, the law of inventor and discoverer is enacted in four chapters and fourteen articles.
Based on the definitions mentioned in this law, invention is creation or use of an existing instrument in a new way in order to achieve an industrial, agricultural or service product or outcome which does not have alike in the past. Also discovery is the revealing of existence phenomenon which was concealed and not accessible before.
This law considered the inventions and discovers as an exclusive right of inventors and discoverers only if it is registered in accordance with law, and it protects all legal rights of inventor and discoverer relating to the invention. The third article of this law is considered it’s main objectives such as: protection of the rights of inventor and discoverer, support and encourage researches in the field of invention and discovery, and registration of invention and discovery of domestic and foreign nationals in Afghanistan.
Given the importance to registration of invention and discovery for the purpose of legal protection and to benefit the intellectual rights related to it, in this article we have tried to describe how to apply for registration of invention by domestic and foreign persons in Afghanistan. Inventor or explorer, whether domestic or foreign, can register their invention or discovery in person or through his/her legal representative in Central Business Registry (CBR) of the Ministry of Commerce and Industries of Afghanistan.
A standard application for registration of inventions and discoveries which is to be submitted to CBR must contain the following:
· Full identification, nationality, job and address of inventor or discoverer; if the application for registering of the invention and discovery is made by their legal representative, the legal representative’s full name, nationality, job and address,
· Brief description of invention or discovery,
· Request of period of validity as per validity period of registration certificate,
· If any registration certificate issued outside of Afghanistan, date, place and number of issuance,
· Full identification and address of the person authorized who receives information and provides application related to invention or discovery and living in Afghanistan.
The application for registering of invention or discovery must be written in one of the official languages of Afghanistan (Dari and Pashto) and shall be signed and dated by representative.
If there are numerous foreign applicants for registration of an invention or discovery, the applicant has priority right to register which his country of origin has signed the Paris convention on protection of industrial properties, pursuant to the fourth article of the convention. Of course
while the application for registration is provided in accordance with the provisions of the said Convention.
Applicants for registration of inventions and discoveries, whether domestic or foreign must attach the following documents with their application and submit them to registration office:
· Three copies of description of invention or discovery by observing the criteria mentioned in the law of protection of inventor and discoverer,
· Payment receipt of registration fee, according to relevant regulation,
· Instrument confirming the authority of representative, if the application is made by a legal representative.
If the invention or discovery is legally entitled for registration and protection, the registration office after consideration and registering of invention and discovery, maximum within a month sends a announcement contains the subject of invention or discovery, full description and address of inventor or discoverer, registration date, and the period of validity of certificate of invention or discovery to Official Gazette for publish.