Exploring Intellectual Property Rights In Afghanistan: A Look At Patent Laws

Afghanistan has had patent laws in place since 1967, with the Law on the Protection of Patent Rights Act enacted on 26 July 2008. However, due to administrative issues at the Afghanistan Patent and Trademark Office (APTO), the patent department is not yet functional. As a result, it is currently not possible to file patent applications in Afghanistan. To protect their inventions, inventors are advised to publish cautionary notices in local English-language newspapers, claiming ownership of their patents and warning others against infringement. These notices are considered legally valid and can be submitted to courts in cases of infringement. Afghanistan has also been working to establish its first official patent system and update its trademark laws through initiatives such as the Intellectual Property Working Group of the Afghanistan Transitional Commercial Law Project.

Afghanistan's patent law history

In November 2003, the Intellectual Property Working Group of the Afghanistan Transitional Commercial Law Project began working on setting up a patent system for the country, in collaboration with the Center for International Management Education (CIME) and the American Bar Association's Asia Law Initiative. This initiative aimed to address the absence of a functional patent framework in Afghanistan.

The Patent Law Act was enacted on July 26, 2008, as part of the country's ongoing efforts to establish a comprehensive patent system. However, administrative issues within the Afghanistan Patent & Trademark Office (APTO) prevented the patent department from becoming operational.

Despite the enactment of the 2008 law, it was reported in 2012 that Afghanistan still lacked official patent laws, making it impossible to file patent applications within the country. This gap in statutory laws prompted workarounds, such as publishing cautionary notices in local English newspapers to claim ownership of inventions and warn against infringement.

In 2015, Afghanistan continued to make strides in intellectual property protection by amending its trademark law and enforcing rules and regulations for the registration of IPRs. The country also became a member of the Madrid Protocol in 2018, demonstrating its commitment to international intellectual property agreements.

While Afghanistan has made significant progress in establishing a patent system, as of 2024, sources indicate that there are still no statutory laws on patents in force in the country, and the APTO's patent department remains non-functional.

Current patent laws

Afghanistan's patent law was enacted on July 26, 2008, as the Patent Law Act of 2008. However, due to administrative problems at the Afghanistan Patent and Trademark Office (APTO), the patent department is not yet functional. As a result, there are currently no statutory laws on patents in force in Afghanistan, and it is not possible to file patent applications in the country.

The only available form of protection for inventors and companies is to publish cautionary notices in local English-language newspapers. These cautionary notices serve as a public declaration of ownership of an invention and a warning against infringement to third parties. While these notices are not registered in any official registers, they can still be used as a base for claiming priority rights once patent laws come into force in Afghanistan. The information required for a cautionary notice includes the patent's title, the patentee's name, address, and nationality, the inventors' names, claims, priority claims, abstracts, and specifications.

It is important to note that Afghanistan has been working towards establishing a patent system. In November 2003, the Copyright World journal reported that the Intellectual Property Working Group of the Afghanistan Transitional Commercial Law Project was collaborating on setting up the country's first patent system and updating its trademark laws. This joint project between the Center for International Management Education (CIME) and the American Bar Association's "Asia Law Initiative" (ABA-Asia) demonstrates Afghanistan's efforts to develop a functional patent framework.

International agreements

Afghanistan has been a member of several international agreements concerning intellectual property and patents. In 1958, Afghanistan ratified the Agreement on the Importation of Educational, Scientific and Cultural Materials, with Annexes A to E and Protocol annexed (Florence, 17 June 1950). In 1979, it accepted the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (Paris, 14 November 1970). In 2005, it ratified the Convention concerning the Protection of the World Cultural and Natural Heritage (Paris, 16 November 1972).

Afghanistan acceded to the WIPO treaty on 13 September 2005, which came into action at the end of that year. The WIPO (World Intellectual Property Organization) is a specialized agency of the United Nations that leads the development of global intellectual property (IP) infrastructure and services. Afghanistan also joined the WTO in 2016, and since 2 June 2018, the Berne Convention has been in effect in the country.

In October 2007, the US Department of Commerce and the Afghanistan Ministry of Commerce and Industry signed a joint agreement to establish a forum for commercial cooperation, including establishing intellectual property rights protection and enforcement.

The Afghan government has also enacted several laws concerning patents and intellectual property. The Patent Law Act was enacted on 26 July 2008, and the Protection of Patent Rights Act was adopted on 10 June 1967. However, due to administrative problems at the Afghanistan Patent & Trademark Office (APTO), the patent department is not yet functional. As a result, there are currently no statutory laws on patents in force in Afghanistan, and it is not possible to file patent applications.

To offer some form of protection, individuals and companies can publish cautionary notices in local English newspapers, claiming ownership of the patent and warning against infringement. These notices have legal value and can be submitted to the Courts in the event of infringement.

Cautionary notices

Although Afghanistan has a Patent Law Act, which was enacted on 26 July 2008, the patent department of the Afghanistan Patent and Trademark Office (APTO) is not functional due to administrative problems. As a result, there are no statutory laws on patents in force in Afghanistan, and it is not possible to file patent applications.

The only available form of protection is to publish a cautionary notice in local English-language newspapers. Although these cautionary notices are not registered in any official registers and are merely advertisements, they could be used as a basis for claiming priority rights when patent laws come into force in the country. Therefore, it is important that cautionary notices are detailed and not in a short form.

• Full name and address of the applicant(s)
• Full name and address of the inventor(s)
• Soft copy of the specification
• Soft copy of the drawings
• Soft copy of the claims
• Soft copy of the Abstract

Additionally, the following information should be included in the Cautionary Notice:

• Patent's title
• Patentee's name
• Address and nationality
• Inventors' names
• Claims
• Priority claims
• Abstracts
• Specifications

It is important to note that these Cautionary Notices have legal value when submitted to the Courts in the event of infringement.

Copyright laws

Afghanistan has had copyright laws in place since 2008, with the introduction of the Law on the Support for the Right of Authors, Composers, Artists and Researchers (Copyright Law). This law protects the intellectual property rights of creators in Afghanistan and ensures they have control over how their work is used and distributed.

The 2008 Copyright Law outlines specific protections for different types of works. For instance, works published or broadcast during the author's lifetime are protected for 50 years after their death, unless specified otherwise by the author. Joint works are protected for 50 years after the death of the last surviving author. Works published under a pseudonym are protected for 50 years from the first year of publication. Unpublished works are protected for 50 years from the first year of publication or broadcast, and audiovisual works are protected for 50 years from the first year of publication, or 50 years from creation if they remain unpublished. Photography and painting works are also protected for 50 years from the first year of publication.

The law also includes provisions for national folklore, which is considered the public property of the state. The Ministry of Information and Culture is tasked with protecting this aspect of public culture, which includes oral expressions such as tales and riddles, musical expressions, motion expressions such as dance and plays, and artistic expressions such as drawings, engravings, and pottery, among other forms.

In terms of international agreements, Afghanistan ratified the Agreement on the Importation of Educational, Scientific and Cultural Materials in 1958. It also accepted the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property in 1979. More recently, Afghanistan joined the World Trade Organization in 2016 and the Berne Convention in 2018, which further solidified its commitment to protecting intellectual property rights.

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