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Article 5
Nationals from countries which do not belong to the International Union for the
Protection of Industrial Property shall be entitled to benefit from the provisions of this
Law if they are domiciled or have a real and effective industrial or commercial activity
in the territory of one of the countries of the Union.
Article 6
Any person who has duly filed an application (first application) for an invention
patent, a certificate of addition deriving from a main patent, a layout design
(topographies) for integrated circuits, an industrial design or a factory mark,
trademark or service mark, in one of the countries of the International Union for the
Protection of Industrial Property, or his successor in title, shall enjoy, for the purpose
of filing said application in Djibouti (subsequent application), a right of priority during
the periods provided for in Article 7 below.
Article 7
The period of priority mentioned above shall be 12 months for invention patents,
certificates of addition deriving from a main patent, and layout designs (topographies)
for integrated circuits, and six months for industrial designs and factory marks,
trademarks and service marks. The periods shall start from the date of filing of the
first application made in one of the countries of the Union. The filing date shall not be
included in such periods. If the last day of the period is a public holiday or not a
working day, the period shall be extended until the first following working day.
Article 8
Any person seeking to take advantage of the priority of an earlier filing made in one
of the countries of the Union shall be obliged to make a written declaration of priority
indicating the date, number, where known at the time of filing in Djibouti, and country
of origin of such filing. If the priority filing number is not known when the application
is filed in Djibouti, it shall be supplied by the applicant as soon as possible.
The priority declaration must be made on the date on which the application is filed in
Djibouti.
Within three months following the date of filing of the application in Djibouti, the
applicant shall supply the documents substantiating the earlier filing on the conditions
to be determined by regulation.
Article 9
When a right of priority is duly claimed in Djibouti, filings may not be invalidated by
circumstances which have occurred within the time periods between this filing and
the priority filing, in particular by another filing, by the publication or working of the
invention patent or the layout design (topography) for integrated circuits, by the