Patent law has not come into force in Afghanistan so far, and it is expected to come in force within the next 6 to 12 months. Unfortunately, at present there is a legal vacuum in this field. Hence, it is not possible to file patent applications in Afghanistan at present.
At present, as the only available way of protection and to provide relatively a remedy for the said legal vacuum, we advise all our clients to publish a Cautionary Notice in the local Newspaper(s) in the English Language.
The Cautionary Notice stating that such and such invention related to a particular matter belongs to such and such inventors/company. Although the publications of cautionary notices are not registered in any official registers, and it is only an advertisement but it could be a base for claiming priority right in the future when the patent law comes in force in the country. Therefore the publication should be in detail, and not in a short ...
Afghanistan is a not a member of the Paris Convention, WIPO or any other international treaty for the Protection of Industrial Property; and hence an applicant cannot claim priority based on their home applications/registrations. However, the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement which consists of 45 classes is followed in Afghanistan.
Persons, either of private of legal status, who want to register trademarks may approach the Registration Bureau at the Commercial Court and apply for registration. Immediately on the receipt of the prescribed application form at the Registration Bureau, its contents are entered in the books of the Registration Bureau and a receipt is given. The officer in-charge of the Registration Bureau shall accept or refuse the application within 15 days from the receipt of the application. In case that the application for registration of a mark is refused by the Bureau ...