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- if the authorities responsible for issuing the marketing approval rely on these
data exclusively to grant marketing approval for purposes of exporting the
product, provided that the subsequent applicant undertakes not to try to
market the product in Burundi prior to the expiration of the period provided
for in Articles 375 to 380.
Article 382: Undisclosed data resulting from trials or other data on pharmaceutical products
shall be protected in Burundi, after January 1, 2016.
This Article shall apply to applications for marketing approval which are being
analyzed, filed on this date or subsequently.
TITLE II: PROCEEDINGS FOR INFRINGEMENT OF INDUSTRIAL PROPERTY
RIGHTS
Chapter I: Infringements of industrial property rights and remedial action
Section 1: Infringements of patents or utility models and remedial action
Article 383: Subject to Articles 57 to 59 and 78 to 102, any act covered by Article 54 which
has been committed in Burundi by someone other than the patent holder, without
said holder’s consent, shall constitute an infringement of a patent or utility
model.
Article 384: At the request of the holder of the patent or utility model or the holder of an
exclusive license, a compulsory license or a non-exclusive license if the holder
of the license has asked the holder of the patent to institute proceedings with a
view to obtaining compensation and the patent holder has refused or failed to do
so within 90 days, the court may issue an injunction to prevent the infringement
or avert an imminent infringement and, if the author of the infringement has
acted in full knowledge of the facts or with valid reasons to know what this act
will entail, to grant damages or take any other corrective measures provided for
in general legislation or in Chapter V of this Title.
Article 385: The corrective measures provided for in this Part may also apply, as the case
may be, to the holder of a foreign patent which has been the subject of a
compulsory license with a view to supplying the market in Burundi with
pharmaceutical products, in accordance with the system introduced by the
decision of August 30, 2003 by the WTO General Council to avoid the re-export
or diversion of the goods in question or to remedy the situation.
In the event that the foreign patent was granted further to an application filed in
the country where the compulsory license was granted after the entry into force
of this Law or in which priority is claimed in Burundi on the same date, only
applications which are filed in accordance with Article 47 may qualify for the
corrective measures provided for in this Title.