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Article 106: A utility model shall be deemed to involve a sufficiently inventive step if, for a
person skilled in the art and average skill and know-how, given the differences
and similarities between the utility model claimed and the prior art made public
as defined in Article 103, the utility model cannot be easily deduced from the
prior art of interest for an average person skilled in the art.
Article 107: A utility model shall be deemed suitable for industrial application if its subject
matter can be entirely or partly manufactured or used in any kind of industry.
Any kind of industry shall be defined as designating any human economic
activity leading to the production of goods and services, especially crafts,
agriculture, fisheries and services.
Article 108: Utility models whose commercial exploitation must be banned on the territory of
Burundi to protect public order or morality may not be registered.
Section 2. Right to the registration certificate for utility models
Article 109: The right to the registration certificate for a utility model shall belong to the
inventor.
If several persons have made a utility model jointly, they shall be jointly entitled
to the registration certificate.
Article 110: In the event that several persons have made the same invention independently of
each other, the right to the registration certificate shall belong to the person who
filed the application for which the date of filing, the validly claimed date of
priority is the oldest, provided said application is not withdrawn, abandoned or
rejected.
To establish the right of preference, the court shall take into consideration the
subject matter claimed in the applications.
Article 111: The inventor shall be mentioned as such in the certificate unless, in a special
written statement signed by him and addressed to the Industrial Property
Director, he indicates that he does not wish to be mentioned. Any promise or
undertaking given to anyone by the inventor to make such a statement shall have
no legal effect.
Article 112: The right to the certificate may be assigned or bequeathed.
Chapter II: Subject matter excluded from protection by registration certificates for
utility models
Article 113: The following shall be excluded from protection by the certificate:
- Discoveries, scientific theories and mathematical methods;
- Plans, principles or methods in the field of economic activities, in the exercise
of purely intellectual activities, or in games;