OAPI

Official Name:

OAPI – Organization Africaine De La Propriete Intellectuelle (African Intellectual Property Organization – sometimes also referenced as AIPO)

Language of Work:

.French, English

Founding Treaty:

The Bangui Agreement March 2, 1977, on the Creation of an African Intellectual Property Organization (which was revised on February 24, 1999)

Members:

Benin, Burkina Faso, Cameroon, Central African Republic, Comoros, Republic of Congo, Ivory Coast, Gabon, Guinea, Guinea Bissau, Equatorial Guinea, Mali, Mauritania, Niger, Senegal, Chad, Togo. (Total 17 states)

About OAPI:

The African Intellectual Property Organization (OAPI) administers a central system for the registration and maintenance of intellectual property rights for its membership (presently 17 countries) comprising mainly of French-speaking nations of Africa. These member countries have renounced their sovereignty in the area of intellectual property. Accordingly, the title of protection acquired through registration with OAPI serves as a regional title and is effective in each country party to the Bangui Agreement. These rights shall be independent national rights subject to the legislation of each of the member states in which they have effect.

The Bangui Agreement contains

provisions with respect to:

Trademarks; Service Marks; Patents; Utility Models; Industrial Designs; Tradenames; Geographical Indications; Literary and Artistic Property; Protection against Unfair Competition; Layout-designs (topographies) of Integrated Circuits; Plant Variety Protection.

International Treaties:

According to the provisions of the Bangui Agreement, OAPI may take all measures necessary for the application of the administrative procedures arising from implementation of the international treaties concerning intellectual property to which the member states have acceded.

Salient Features of OAPI system:

The signatory states have renounced their sovereignty in the area of Intellectual Property; the right holder acquires a single regional title of protection which is valid in each member state; designation of any specific countries is not a choice.

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:

Specific provisions are included in the Bangui Agreement for the protection of well-known marks.

Types of marks:

Trademarks, Service Marks, Collective Marks.

Priority:

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

Madrid System:

Available – OAPI is a member of Madrid System.

Filing system:  

Available; a single application may contain any number of classes of goods and services.

Classification:

Nice Classification 11th edition.

Who can be Applicant: 

(1) Individuals; (2) Corporate entities  

Examination:

On formal, absolute and relative grounds.

Publication:

Official Bulletin, “BOPI”.

Opposition period:

Six months from the date of publication.

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:

9 to 12 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.