OAPI

OAPI refers to the African Intellectual Property Organization/ Organisation Africaine de la Propriété Intellectuelle established through the Bangui Agreement of 1972. The member states of OAPI are Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Cote d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Mali, Mauritania, Niger, Senegal, and Togo.

One application covers all member states. A national registration cannot be obtained in a single member state neither can an applicant designate selected member states. The same also applies to renewals which cover all the member states.

  • Applicable Law – OAPI Industrial Property Law

General Information

  • Multi-Class Filing System.
  • Classification of goods and services - Nice Classification 11th Edition
  • Paris Convention Member
  • Priority can be claimed under Paris Convention
  • International filing under Madrid Protocol and Madrid Agreement - Applicable
  • Protection Term - 10 years from filing date
  • Examination - Formality and Substantive
  • Trademark Use - a registered mark may be subject to cancellation action by interested parties if not used for 5 uninterrupted years
  • Trademark Renewal should be done 6 months before expiry
  • Grace period for renewal after expiry is 6 months with penalty

Filing Requirements

  • Power of attorney simply signed
  • Certified copy of the priority document if claimed, with French translation

 Renewal

  • Power of attorney simply signed
  • Photocopy of the registration certificate or last renewal certificate

 Assignment

  • Power of attorney signed by the assignee
  • Deed of assignment signed by the assignor and assignee, with French translation

 Merger

  • Power of attorney simply signed
  • Merger agreement, with French translation

 License

  • Power of attorney signed by the licensee
  • Certified, notarized, or legalized license agreement signed by both parties

Recordal of Change of Name or Address

  • Power of attorney showing the new name or address simply signed
  • Certificate of incorporation or extract from the commercial register or certificate showing the change, with French translation
  • Applicable Law – OAPI Industrial Property Law

General Information

  • Priority can be claimed under Paris Convention within12 months from the first filing date
  • Member of PCT and Paris Convention
  • Patent Term - 20 years
  • Annuities are paid annually from the first anniversary of the filing date 

Filing Requirements

  • Power of attorney simply signed
  • Specification, claims, formal drawings if any, and abstract in English or French
  • Deed of assignment if the applicant is not the inventor
  • Certified copy of the priority document if claimed, with French translation

 Assignment

  • Power of attorney signed by the assignee
  • Deed of assignment signed by the assignor and assignee, with French translation

 Change of Name and/or Address

  • Power of attorney showing the new name or address simply signed
  • Certified copy of the certificate of incorporation/extract from the commercial register showing the change, with French translation.

 Merger

  • Power of attorney simply signed
  • Merger agreement, with French translation

 License

  • Power of attorney signed by the licensee
  • License agreement signed by both parties, certified, notarized, or legalized
  • Applicable Law – OAPI Industrial Property Law

General Information

  • Priority can be claimed under Paris Convention within 6 months from the first filing date
  • Member of Paris Convention
  • Term of Protection -15 years
  • Annuities are paid every 5 years until expiry

Filing Requirements

  • Power of attorney simply signed
  • Deed of assignment if the applicant is not the inventor
  • Three sets of the formal drawings of the design
  • Full description of the design with French translation

 Assignment

  • Power of attorney signed by the assignee
  • Deed of assignment signed by the assignor and assignee, with French translation

 Change of Name and/or Address

  • Power of attorney showing the new name or address simply signed
  • Certified copy of the certificate of incorporation or the extract from the commercial register showing the change, with French translation

 Merger

  • Power of attorney simply signed
  • Merger agreement with French translation

 License

  • Power of attorney signed by the licensee
  • License agreement signed by both parties, certified, notarized, or legalized
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