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Section 2. Limitation of the rights granted by certificates of registration for industrial
designs
Article 206: The rights arising from the certificate of registration for an industrial design
shall not cover acts relating to goods placed on sale in Burundi or in any other
country by the patent holder or with his consent.
Article 207: Without prejudice to the provisions of Article 185, the Minister responsible for
trade shall be entitled to declare, on his own initiative or at the request of any
interested party, that the rights to the registration of an industrial design have
been exhausted and to authorize third parties to import the registered product or
a product created directly or indirectly by means of a certificate from another
territory if this product is not available in the territory of Burundi or is available
in insufficient quality or quantity to meet local demand or at prices which the
Ministry deems abusive or on any other grounds of public interest, including
anti-competitive practices, provided that:
1. The product has been introduced into commercial channels in the territory
from which it is to be imported by the certificate holder or with his consent;
2. The certificate claiming the product or process used for its creation is in force
in the territory from which the product is to be imported and is the property of
the same person who holds the certificate in Burundi or that of a person under
his control.
Article 208: In the event that the importer has not reached the goal which justified the
decision by the Minister to consider the rights to the certificate to be exhausted,
the Minister shall revoke the authorization on his own initiative or at the request
of the certificate holder.
Article 209: In the event that the conditions which led to the decision by the Minister to
consider the certificate to be exhausted no longer obtain, the Minister may, on
his own initiative or at the request of the certificate holder or the owner of the
mark, revoke the authorization, provided that the legitimate interests of the
importer are safeguarded, primarily to the effect that the importer shall retain the
right to clear his stock.
Article 210: Holders of the registration of an industrial design shall be entitled to institute
judicial proceedings against anyone who infringes the rights arising from the
registration of the design by performing, without their consent, one of the acts
mentioned in Article 205 or by performing acts which make it likely that there
will be a risk of infringement.
Section 3. Term of validity, fees and expiration
Article 211: The term of validity of the registration of an industrial design shall be five years
as from the date on which the application for registration is filed.