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 Proprit Industrielle” (OAMPI). A new accord named the Bangui Agreement was adopted in 1977 and the Office changed its name to “Organization Africaine de la Proprit 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.

 

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.