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3. the provisions of Article 121 of this Law are respected;
4. when the application for the registration certificate is filed, no application for
a registration certificate filed elsewhere or benefiting from validly claimed
prior priority concerning the same invention is about to be granted;
5. the invention is new and is industrially applicable.
Article 134: In the event that the Industrial Property Director notes that the application meets
the conditions indicated in Article 133, he shall grant the requested utility model
certificate.
To this end, he shall notify the applicant that the certificate has been granted and
give him a copy after registering it.
In addition, the Industrial Property Director shall publish a reference to the grant
of the certificate in the Official Journal of Burundi and shall make copies of the
certificate available to the public subject to payment of the prescribed fee.
Article 135: Any application that does not comply with the requirements set out in Articles
115 to 122 shall be deemed irregular. Such irregularity shall be notified to the
applicant or his agent, who shall be invited to rectify the documents within a
period of three months as from the date of notification.
This period may be extended by 30 days in the case of justifiable need, at the
request of the applicant or his agent.
The application which has been thus rectified within said period shall retain the
date of the initial application. If the rectified documents are not supplied in time,
the application for the registration certificate for the utility model shall be
rejected.
Article 136: The Industrial Property Director, at the certificate holder’s request, shall make to
the text or drawings of the certificate the modifications designed to limit the
scope of the protection granted, provided these modifications do not cause the
claimed subject matter contained in the certificate to go beyond the subject
matter claimed in the initial application on the basis of which the certificate was
issued.
Section 7. Rights conferred by the utility model certificate
Article 137: Utility model certificates shall give their holder the right to prevent third parties
from exploiting a utility model registered in Burundi.
Exploitation of a utility model shall be defined as the following acts:
- making, importing, offering for sale, selling and using the product;
- holding this product with a view to offering it for sale, selling it or using it.