Legal notes to copyright registration in Sudan

Legal notes to copyright registration in Sudan

Copyright registration in Sudan. Sudan, officially the Republic of the Sudan, is a country in Northeast Africa. Sudan’s history goes back to the Pharaonic period, witnessing the Kingdom of Kerma (c. 2500–1500 BC). Back to present days, Sudan was once considered the 17th-fastest-growing economy in the world, and the rapid development of the country largely from oil profits even when facing international sanctions. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of copyright registration in Sudan.

Copyright in Sudan

Unlike other intellectual property rights such as trademarks, patents, industrial designs, plant varieties, etc., copyright does not need to be registered for protection but will be automatically protected from the time the works are created.

The creation must be visible in a certain material form, like content, quality, form, medium, language, published or unpublished, registered or unregistered.

Accordingly, whether registered or not, the copyright to the work will still be protected. However, the creator should still apply for copyright registration in Sudan early because early registration will give the author/owner of the work many advantages in the event of a dispute.

When unauthorized use of work occurs around the world, the owner of a work who has made a copyright registration in Sudan will not have to waste time and complicate matters with proving himself/herself to be the legitimate owner of the work.

Thereby, in order to avoid passivity, the owner of the work should make a copyright registration in Sudan immediately to protect their rights and interests when there is an infringement.

Copyright registration in Sudan

Sudan is a member country of The Berne Convention for Copyright since 2000.

The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement governing copyright. The agreement was first accepted in Berne, Switzerland, in 1886.

As Sudan is a contracting party of the Berne Convention, any work originating in Sudan will be given copyright protection in each of the Berne Convention member countries.

In most countries, copyright protection is automatic as soon as the work existed in material form. However, the copyright registration in Sudan is critical in order for the copyright owner to obtain evidence of copyright.

Evidence of copyright is extremely important even when the works are automatically protected according to copyright law.

When registering, the work will get an application submission date, as well as information about the creation and proof of creative concept and development. This provides unambiguous proof of authorship and ownership that can’t be denied.

Proof of copyright is essential in an age when the publishing, dissemination, and theft of material is extremely easy with the exposure of the Internet.

If copyright registration is not made, copyright owners will lose a big amount of money as well as time needed to resolve issues related to copyright, proving ownership of the original work.

If the copyright owner has already registered for copyright protection to the IP office, they would have a strong legal foundation which would increase their chance of winning against the violating parties.

Documents for copyright registration in Sudan

To obtain copyright registration in Sudan, the author of the work needs to prepare the following documents:

  • Declaration of copyright registration in Sudan;
  • Two copies of copyrighted work;
  • Documents proving the right to apply;
  • Written consent of co-authors, if the work has co-authors;
  • Written consent of the co-owners, if the copyright is jointly owned;
  • Notarized identity card of the author or owner of the work;
  • Power of Attorney, if the applicant is an authorized person;
  • Notarized copy of the company’s business registration certificate (if the owner is a company).

The copyright law of Sudan

In 1898 the British defeated the Mahdist State and began to govern Sudan jointly with Egypt. Sudan obtained self-government in 1953 and full independence on 1 January 1956. Sudan has been a member of the Berne Convention since 28 December 2000.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright and Neighboring Rights Protection Act 1996 as the main IP law enacted by the legislature of Sudan. WIPO holds the text of this law in WIPO Lex database.

You can see a list of Sudan IP firms here.