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OAPI
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(AFRICAN INTELLECTUAL PROPERTY ORGANIZATION)
Background:
A central office for filing for patent and trade mark protection (etc.) in former French colonies in Africa was first formed under the Libreville agreement in 1962. The office was then called the “Office Africain et Malgache de la Propriété Industrielle” (OAMPI). A new accord named the Bangui Agreement was adopted in 1977 and the Office changed its name to “Organization Africaine de la Propriété Intellectuelle” (OAPI). By a further accord, made (also at Bangui, Central African Republic) with effect from 28 February 2002, a revised version of the Bangui Agreement was adopted, and is deemed, with its Annexes 1 - 10, to be the national law of each member State concerning patents, utility models, trade marks, industrial designs, business names, geographical indications, copyright, protection against unfair competition, layout (designs) of integrated circuits and plant variety protection.
Membership:
Currently, the member States of OAPI are: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo.
A single application automatically covers all member states and it is not possible to designate the countries of interest.
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Patent Forms
OAPI.pdf
AS51.pdf
Trade Mark Forms
oapitrd.pdf
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Trademarks
African Intellectual Property Organisation
OAPI registrations afford protection in :- Benin, Burkina-Faso, Cameroon, Central African Republic, Chad, Congo, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo.
International Arrangements:
Paris Union.
Categories of Trade Marks:
There are provisions for the registration of SERVICE MARKS and COLLECTIVE MARKS.
There are no provisions for the registration of DEFENSIVE MARKS or SERIES MARKS.
Classification:
The International Classification of goods and services applies (8th edition).
An application may cover more than one class of goods or services (additional fees being payable in respect of the fourth and each subsequent class) but goods and services cannot both be covered in the same application.
Documents required:
A. New Applications
- Power of Attorney (not legalised).
- 10 prints, even for word marks in ordinary type.
- Priority document (if applicable), with verified French or English translation.
B. Renewals
- Power of attorney (not legalised).
C. Assignments/Mergers
- Power of Attorney (not legalised).
- In the case of an assignment, Deed of Assignment drawn by and signed by both parties before a Notary Public, with verified French or English translation.
- In the case of a merger, Certificate of Merger, with verified French or English translation.
D. Change of Name
- Power of Attorney (not legalised).
- Certificate of Change of Name, with verified French or English translation.
E. Change of Address
- Power of Attorney (not legalised).
F. Licences/Registered Users
- Powers of Attorney (not legalised) from proprietor and licensee.
- Licence Agreement which should be drawn by and signed by both parties before a Notary Public, with verified French or English translation.
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Related News Articles
1) Circular No. 369: Africa's Two Regional IP Registries (OAPI and ARIPO)
2) Circular No. 346: Africa Newsletter (Trade Marks)
3) OAPI - New Law Comes into Force on 28 February 2002
4) Increase in OAPI Fees for Specifications Exceeding 10 Pages
5) ARIPO Board of Appeal Issues First Patent Decision |
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Patents
PCT:
All OAPI States have ratified the Patent Cooperation Treaty. Thus, an OAPI Regional Phase of a PCT International Application will automatically include all member states.
The Chapter I and Chapter II deadlines are 30 months from the priority date.
Patentability:
Methods for treatment of the human or animal body by surgery or therapy as well as diagnostic methods are not patentable. However products for use in any such methods may be patented.
Novelty:
Absolute novelty is required. However, novelty will not be destroyed if the disclosure of the invention to the public occurred not earlier than twelve months preceding the filing date or where applicable the priority date, and it was as a consequence:
- of the applicant or his predecessor in title displaying the invention at an official or officially recognised international exhibition, subject to the production of an officially recognised certificate attesting to the participation at such exhibition, or
- an abuse committed by a third party with regard to the applicant or his predecessor in title.
Filing requirements:
Patents of invention (non-PCT):
- Power of Attorney (simply signed) (can be late filed within 3 months)
- Specification, claims and abstract in English or French (required on day of filing)
- Formal drawings, if applicable (required on day of filing)
- Assignment of Priority Rights (can be late filed within 3 months)
- Priority document with a verified English or French translation thereof (can be late filed within 6 months)
Regional Phase PCT applications:
- Power of Attorney (simply signed) (can be late filed within 3 months)
- Specification, claims and abstract in English or French (required on day of filing)
- Formal drawings, if applicable (required on day of filing)
- Assignment of Priority Rights (can be late filed within 6 months)
- Copy of International Publication (required on day of filing)
- Copy of International Search Report (can be late filed, no set deadline)
- Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)
Grant:
On grant, the patent becomes effective in all member States. The patent is governed by the provisions of the Bangui Agreement in each member State. The term of the patent is twenty years. Renewal fees fall due annually from the first anniversary of the filing date.
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