ARIPO

Official Name:

African Regional Intellectual Property Organization (formerly known as African Regional Industrial Property Organization)

Language of Work:

English

Founding Treaty:

The Lusaka Agreement on the Creation of the African Regional Intellectual Property Organization (ARIPO)

Members:

Botswana, Eswatini, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mauritius, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Sierra Leone, Somalia (not member of the Harare Protocol), the Sudan, the United Republic of Tanzania, Uganda, Zambia and Zimbabwe. (Total 20 states)

ARIPO Protocols:

The Harare Protocol on Patents and Industrial Designs; The Banjul Protocol on Marks; Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore; The Arusha Protocol for the protection of new varieties of plants.

About ARIPO:

African Regional Intellectual Property Organization (formerly known as African Regional Industrial Property Organization) is an intergovernmental organization that was established by the Lusaka Agreement in 1976. Originally ARIPO was formed to pool the resources of its member countries, English-Speaking African countries at the time, in the field of industrial/ intellectual property. However, later in December 1985, amendments were made to the Lusaka Agreement to open the membership to all African countries which are members of the United Nations Economic Commission for Africa or of the African Union.   At the present, there are 20 states (listed above) that are members of ARIPO being parties to the Lusaka Agreement.

ARIPO has adopted the following protocols with respect to patents, utility models, industrial designs, and trademarks:

• The Harare Protocol on Patents and Industrial Designs (adopted on December 10, 1982): Empowering ARIPO to grant patents and to register utility models and industrial designs and to administer such patents, utility models and industrial designs on behalf of the contracting states.
• The Banjul Protocol on Marks (Adopted on November 19, 1993): Entrusting ARIPO with the registration of marks and the administration of such registered marks on behalf of the contracting state.

It is to be noted that in contrast with the system under OAPI, the ARIPO member states also maintain their own respective national IP legislation and industrial property offices as well.

Patent Cooperation Treaty:

Through an amendment to the Harare Protocol, effective from July 1, 1994, ARIPO was linked to the PCT. Accordingly, in a PCT application ARIPO may be designated to cover all states that are party to both the Harare Protocol and the PCT.  At the present, all Harare Protocol contracting states except for Somalia are also parties to the PCT.

Banjul Protocol:

Currently operational in only 12 of the 20 Member States of ARIPO.

Creation of rights:

First-to-file jurisdiction (subject to occasional exceptions)

Basis for filing:

Intent to use acceptable – prior use is not a prerequisite.

Well-known marks:

No specific provisions are included in the Banjul Protocol or its implementing regulations.

Types of marks:

Trademarks, Service Marks, Collective Marks.

Note: If the national laws of a designated state do not provide for protection for service marks, an ARIPO application/ registration shall not be recognized/ effective in that designated state to the extent of the designated services.

Priority:

Application may be filed with a priority claim within six months from the priority date.

Madrid System:

Not available .

Filing system:  

Available; however, in a single application goods and services.

cannot be designated together). (However, a designated state may declare that a multiclass ARIPO application shall result into two or more single-class applications bearing reference to the same ARIPO application and the other related registration(s), if there is no provision for multiclass filing in the national laws of that designated state)

Classification:

Nice Classification 11th edition.

Who can be Applicant: 

(1) Individuals; (2) Corporate entities.

Examination:

The ARIPO Office having initially conducting formal examination.

and ensuring compliance of a trademark application with the formal requirements notifies the designated states that are required to examine the application in accordance with their respective national laws within a period of nine (9) months from the date of receipt of the notice from the ARIPO Office. A designated state may refuse to give effect to the registration of a mark by communicating to the ARIPO Office. However, if an application receives acceptance from the designated state or no communication is made to the ARIPO Office by the designated state during the nine-month period, the application shall be considered accepted with respect to that designated state and a notice in this respect shall be published in the ARIPO Journal.

Publication:

ARIPO Journal

Opposition period:

Three months from the date of publication in ARIPO Journal.

Duration of registration:

10 years from the filing date – renewable for further periods of 10 years each upon request of the trademark owner within twelve months preceding the expiry date.

Renewal grace period:

6 months

Registration timeframe:

16 to 20 months (approximately)  

Official Search:

Available for word marks and device marks.

Scope of search:

Includes all similar or identical applied-for and registered marks.

Turnaround time:

5 to 10 working days.