REGIONS WE COVER
WE PROVIDE IP SOLUTION IN AFRICA
Africa Maps
Presentation of the regions of competence
Has 17 member countries which are: Benin, Burkina-Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal, Togo ;
The OAPI system is original in its design and some of these features are worth mentioning:
- OAPI, whose headquarters are in Yaoundé (Cameroon), is the industrial property office common to all member states. To this end, in the space of its seventeen (17) Member States, a uniform law is implemented and applied, namely the Bangui Agreement and its annexes;
- The Organization centralizes all procedures for issuing industrial property titles such as patents, product or service mark registration certificates, titles that are valid in all member countries;
- Any deposit made with the Administration of one of the Member States or with the Organization with national deposit value in each Member State;
- There are no national protection systems that coexist with the regional system;
- Sanctions for infringements of intellectual property rights fall within the jurisdiction of the courts of each Member State;
- – The final judicial decisions, rendered on the validity of titles in one of the Member States, are authoritative in all the other States, except those based on public order and good morals.
- The missions of the OAPI are, among others, to implement the common administrative procedures resulting from the uniform regime for the protection of industrial property as well as from the stipulations of international conventions
- In matters of literary and artistic property, the Organization is responsible for contributing to the promotion of protection, encouraging the creation of national authors’ organizations, etc.
- Ensure the protection and publication of industrial property titles;
- Encourage creativity and technology transfer through the use of industrial property systems;
- Make the legal space attractive to private investment by creating favorable conditions for the effective application of the principles of intellectual property;
- Implement effective training programs to improve OAPI’s capacity to provide quality services;
- Create favorable conditions for the exploitation of research results and the exploitation of technological innovations by national companies.
The 21 ARIPO Member states are: Botswana, Kingdom of Eswatini, The Gambia, Ghana, Kenya, Kingdom of Lesotho, Liberia, Malawi, Mauritius, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Seychelles, Sierra Leone, Somalia, Sudan, Tanzania, Uganda, Zambia, Zimbabwe
Membership to ARIPO is open to Member States of the Economic Commission for Africa (UNECA) or the African Union (AU). As of 31 December 2021, ARIPO was comprised of 21 Member States and these are listed below and dates of their membership and contracting status with regards to the ARIPO Protocols that are in effect.
The African Regional Intellectual Property Organization (ARIPO) is an intergovernmental Organization that grants and administers Intellectual Property titles on behalf of its Member States and provides IP information to its clientele in the form of search services, publications and awareness creation. Membership of the organization is open to all Member States of the African Union (AU) or of the United Nations Economic Commission for Africa (ECA).
The ARIPO Secretariat is based in Harare, Zimbabwe.
ARIPO Trademark Laws and Legislation
- ARIPO is mandated to register marks and the administration of such registered marks on behalf of the Banjul Protocol Contracting States in accordance with the provisions of the Banjul Protocol on Marks. The Banjul Protocol on Marks was adopted on November 19, 1993, at Banjul, The Gambia.
- The Banjul Protocol establishes a trademark application filing system along the lines of the Harare Protocol. An applicant may file a single application either at one of the Banjul Protocol Contracting States or directly with the ARIPO Office. Since 1997, the protocol has been extensively revised in order to make it compatible with the TRIPs Agreement and the Trademark Law Treaty as well as make it more user-friendly.
- States currently party to the Banjul Protocol are: Botswana, Kingdom of Eswatini, The Gambia Kingdom of Lesotho, Liberia, Malawi, Mozambique, Namibia, Sao Tome and Principe, Tanzania, Uganda, and Zimbabwe.
ARIPO Patent Laws and Legislation
- ARIPO is mandated to grant patents on behalf of the Harare Protocol Contracting States in accordance with the provisions of the Harare Protocol on Patents, Designs and Utility Models. The Harare Protocol was adopted on December 10, 1982 at Harare, Zimbabwe. The protocol entered into force in 1984.
- Under the protocol, an applicant for the grant of a patent for an invention can, by filing only one application, designate any one of the Harare Protocol Contracting States in which that applicant wishes the invention to be accorded protection. The protocol requires the filing of the application to be made with any one of the Contracting States or directly with the ARIPO Office.
- There are 18 Contracting States, namely Botswana, Kingdom of Eswatini, The Gambia, Ghana, Kenya, Kingdom of Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Sierra Leone, Sudan, Tanzania, Uganda, Zambia and Zimbabwe.
Industrial Design Law and Legislation
- ARIPO is empowered to register and administer designs on behalf of the Harare Protocol Contracting States in accordance with the provisions of the Harare Protocol on Patents, Designs and Utility Models. The Harare Protocol was adopted on December 10, 1982 at Harare, Zimbabwe. The protocol entered into force in 1984.
- Under the protocol, an applicant for a design can be done by filing only one application, designate any one of the Harare Protocol Contracting States in which that applicant wishes the design to be accorded protection. The protocol requires the filing of the application to be made with any one of the Contracting States or directly with the ARIPO Office.
- There are 18 Contracting States, namely Botswana, Eswatini, The Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Sierra Leone, Sudan, Tanzania, Uganda, Zambia and Zimbabwe.
Utility Model Law and Legislation
Similar to Patents and Designs, ARIPO is mandated to register Utility Models patents on behalf of the Harare Protocol Contracting States in accordance with the provisions of the Harare Protocol on Patents, Designs and Utility Models. The Harare Protocol was adopted on December 10, 1982 at Harare, Zimbabwe. The protocol entered into force in 1984.
An applicant for the registration of Utility Model can fill one application and designate any one of the Harare Protocol Contracting States. The application can be made with any one of the Contracting States or directly with the ARIPO Office.
The Contracting States are Botswana, Kingdom of Eswatini, The Gambia, Ghana, Kenya, Kingdom of Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Sierra Leone, Sudan, Tanzania, Uganda, Zambia and Zimbabwe.
Algeria
International legislation
- WIPO Convention
- Paris Convention (Industrial Property)
- Berne Convention (Literary and Artistic Works)
- PCT (Patents)
- PLT (Patent Law Treaty)
- Madrid Agreement (International Registration of Marks)
- Madrid Agreement (False or Deceptive Indications of Source on Goods)
- Nice Agreement (International Classification of Goods and Services)
- Lisbon Agreement (Appellations of Origin)
- Nairobi Treaty (Olympic Symbol
Trademarks
Filing Requirements
- Power of Attorney simply signed
- Applicant data
- Sample of mark, (not required for word marks)
- List of the goods and/or services
- Priority document with verified French or Arabic translation
Duration: 10 years from the date of filing
Renewal Requirements:
- Power of Attorney simply signed
- Declaration of use
- Proof of use
Angola
International legislation
Membership of WIPO treaties:
- Paris Convention (Industrial Property), since December 2007.
- PCT (Patents), since December 2007.
- WIPO Convention, since April 1985.
WTO: Member and Signatory to TRIPS Agreement, since November 1996.
Membership of other bodies/treaties: None.
Trademarks
Filing Requirements
- Power of Attorney notarized and legalized up to the Angolan consulate
- Applicant data
- Certificate of Incorporation of the applicant’s company or an extract from the commercial register – notarized and legalized up to the Angolan Consulate and with a certified translation in Portuguese
- List of goods and/or services
- Copy of the priority document (if applicable)
- Sample of mark, (not required for word marks)
Duration: 10 years from the date of filing
Renewal Requirement:
- Power of Attorney notarized and legalized up to the Angolan consulate
Democratic Republic of the Congo
International legislation
- WIPO Convention
- Paris Convention (Industrial Property)
- Berne Convention (Literary and Artistic Works)
- Geneva Convention (Unauthorized Duplication of Phonograms)
Trademarks
Filing Requirements:
- Power of Attorney simply signed
- Applicant data
- Sample of mark, (not required for word marks)
- List of the goods and/or services
- Priority document with verified French translation
Duration: 10 years from the date of application
Renewal requirements:
- Power of Attorney simply signed
- Photocopy of the certificate of registration
Egypt
International legislation
- WIPO Convention
- Paris Convention (Industrial Property)
- Berne Convention (Literary and Artistic Works)
- PCT (Patents)
- Madrid Agreement (International Registration of Marks)
- Madrid Agreement (False or Deceptive Indications of Source on Goods)
- Hague Agreement (International Deposit of Industrial Designs)
- Nice Agreement (International Classification of Goods and Services)
- Strasbourg Agreement (International Patent Classification)
- Geneva Convention (Unauthorized Duplication of Phonograms)
- TLT (Trademarks)
- Nairobi Treaty (Olympic Symbol)
- WTO: Member and Signatory to TRIPS Agreement
Trademarks
Filing Requirements
- Power of attorney legalized up to an Egyptian Consul
- Applicant data
- Sample of the mark (not required for word marks)
- A list of goods and/or services
- A certified copy of the priority document (if applicable), with verified Arabic translation
Duration: 10 years from the filing date
Renewal Requirement
- Power of attorney legalized up to an Egyptian Consul
Morocco
International legislation
- WIPO Convention
- Paris Convention (Industrial Property)
- Berne Convention (Literary and Artistic Works)
- PCT (Patents)
- Madrid Agreement (False or Deceptive Indications of Source on Goods)
- Madrid Agreement (International Registration of Marks)
- Madrid Protocol (International Registration of Marks)
- Hague Agreement (International Deposit of Industrial Designs)
- Nice Agreement (International Classification of Goods and Services)
- Brussels Convention (Distribution of Program-Carrying Signals Transmitted.
- Nairobi Treaty (Olympic Symbol)
- Member of UCC
- Member of UPOV
Trademarks
Filing Requirements:
- Power of Attorney simply signed EN
- Applicant data
- Sample of mark, (not required for word marks)
- List of the goods and/or services
- Certified copy of priority document (if applicable) with certified Arabic or French translation
Duration: 10 years from the filling date
Renewal Requirement:
- Power of Attorney simply signed
Nigeria
International legislation
- WIPO Convention
- Paris Convention (Industrial Property)
- Berne Convention (Literary and Artistic Works)
- PCT (Patents)
- PLT (Patent Law Treaty)
- Rome Convention (Performers, Producers of Phonograms and Broadcasting Organizations)
Trademarks
Filing Requirements
- Power of attorney simply signed
- Applicant data
- Sample of the mark (not required for word marks)
- A list of goods and/or services
Duration: 7 years from the date of filing and, thereafter, renewable for periods of 14 years
Renewal Requirements
- Power of attorney simply signed
- Copy of the last certificate of renewal or registration
- 10 prints, even for word marks in ordinary type
South Africa
International legislation
- WIPO Convention
- Paris Convention (Industrial Property)
- Berne Convention (Literary and Artistic Works)
- PCT (Patents)
- Budapest Treaty (Deposit of Micro-organisms)
Trademarks
Filing Requirements:
- Power of Attorney simply signed
- Applicant data
- Sample of the mark (not required for world marks)
- List of the goods and/or services
- Certified copy of the priority document (if priority is claimed) with verified English translation
Duration: 10 years from application date
Renewal Requirement:
- Power of Attorney simply signed