Afghanistan’s economy, primarily driven by agriculture, handicrafts, and small-scale trade, faces challenges due to ongoing reconstruction and limited industrial infrastructure. Protecting intellectual property (IP) is vital to encourage innovation, build trust, and combat imitation in an emerging market with a developing IP system. Our firm provides expert IP services to safeguard your trademarks and inventions in Afghanistan.

Trademarks

Trademark protection in Afghanistan is governed by the Trademark Law of 2009, administered by the Afghanistan Central Business Registry and Intellectual Property (ACBRIP) under the Ministry of Commerce and Industry. Afghanistan is not a member of the Paris Convention, TRIPS Agreement, or Madrid Protocol, requiring direct local filings.

Trademark Registration Process

Securing a trademark in Afghanistan involves a manual process due to the lack of a fully digitized IP office. The key steps include:

1. Trademark Search: Conduct a manual search through ACBRIP records to ensure any similar marks are not already on the Register.

2. Filing the Application: Submit the trademark application to ACBRIP, providing detail such as the mark, the class of goods/services (based on the Nice Classification), and applicant information. Application must be in Dari, Pashto, or English (with translations if needed).

3. Examination: ACBRIP examines the application for formal compliance and distinctiveness.

4. Publication: Approved marks are published as cautionary notices in local newspapers, allowing a 30-day opposition period.

5. Opposition Period: During the 30-day window, third parties can challenge the registration if they believe it infringes their rights.

6. Registration: If no opposition is filed or resolved in your favor, the trademark is registered, and a certificate is issued.

The entire process typically takes 18-24 months, depending on administrative delays or oppositions. Our firm manages every step, ensuring a smooth registration experience.

Patents

Patent protection in Afghanistan is governed by the Law on Supporting the Rights of Inventors and Discoverers, 2008, administered by the Afghanistan Central Business Registry and Intellectual Property (ACBRIP). Afghanistan is not a member of the Patent Cooperation Treaty (PCT), Paris Convention, or TRIPS Agreement, requiring direct local filings. The patent system is rudimentary, with limited digitization and enforcement mechanisms.

● Patentable Subject Matter: Inventions that are novel, involve an inventive step, and are industrially applicable are eligible for protection. Exclusions include scientific theories, mathematical methods, and inventions contrary to public order or morality.

● Patent Types: The law covers utility patents for technical inventions. Design patents and plant varieties are not explicitly addressed.

● Duration: Patents are protected for 20 years from the filing date, non renewable.

● Examination Process: ACBRIP conducts a formal examination, but substantive examination is limited due to resource constraints. Applicants may face delays due to manual processes.

● International Considerations: Without PCT or Paris Convention membership, foreign applicants must file directly with ACBRIP, often requiring local representation.

Contact Us

Ready to protect your IP in Afghanistan? Contact us today for a consultation with our expert IP team. Let us help you secure your brand and inventions in this emerging market.