page 35
industrial design.
A design right shall not subsist in features of the appearance of a product which are
solely dictated by its technical function.
Registering a design shall not give rise to rights in features of the appearance of a
product which must necessarily be reproduced in their exact form and dimensions in
order to permit the product in which the design is incorporated or to which it is
applied to be mechanically connected to or placed in, around or in contact with
another product so that either product may perform its function.
Registering a design shall not give rise to rights in the features of the appearance of
a product which must necessarily be reproduced in their exact form and dimensions
in order to permit the product in which the design is incorporated or to which it is
applied to be assembled on another product so that the other product may regain or
retain its original appearance.
Registration of an industrial design shall not confer on its owner rights in acts relating
to products that have been introduced into the commerce of any country by the
owner or another person authorized by the right holder or with economic ties to that
patent owner. For these purposes, two persons shall be considered to have
economic ties when one of the persons is able to exercise a decisive influence on the
other, either directly or indirectly, with respect to the working of the design or when a
third party is able to exert that influence over both persons.
The following may not be prohibited as a result of the rights awarded by the
registration of an industrial design:
(a) acts performed in a private circle for non-commercial purposes;
(b) acts performed for scientific research, education, academic or experimental
purposes;
(c) use of objects on board foreign aircraft, land vehicles or waterborne vessels that
temporarily or accidentally penetrate the air space, territory or territorial waters of
Djibouti.
Chapter V
Transfer and loss of rights
Section I General provisions
Article 124
The rights deriving from industrial designs may be transferred either in full or in part.
They may be the subject, either in full or in part, of the grant of an exclusive or nonexclusive license for use, as well as an encumbrance.