OAPI

Organisation Africaine de la Propriété Intellectuelle

OAPI is a regional intellectual property organisation that provides a central system for protecting intellectual property across its 17 member countries. Established under the Bangui Agreement, OAPI operates a centralised registration system for patents, trade marks, industrial designs and other intellectual property rights. A qualifying application filed with OAPI can provide protection across all member states, rather than requiring separate national applications in each country.

A qualifying application filed with OAPI can provide protection across all member states.

The OAPI (Organisation Africaine de la Propriété Intellectuelle) member-states include the majority of the African French speaking countries. The Bangui Agreement encourages cooperation between all the member-states by sharing common objectives in Intellectual Property matters.

OAPI is a regional filing system which covers Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo.

A single application automatically covers all countries mentioned above. It is not possible to designate the countries of interest. OAPI is also a member of the Paris Union and the Madrid Protocol (although the latter is not yet effective).

Smit & Van Wyk provides a full range of Intellectual Property services in all African countries where protection is available. Our attorneys provide services for the filing of IP in each of the African countries and various regional IP organisations such as OAPI.

We work with a network of trusted and knowledgeable agents to develop the best possible solution to each of our clients’ needs for trade marks, designs and patents in Africa.

Trade Marks

OAPI is a member of the Madrid Protocol. The Madrid Protocol is an international treaty designed to simplify the international trade mark registration process. Using this process, registrants are able to complete a single application, in their home language, that can then be applied to over 90 member countries.

Patents

OAPI is a signatory of the PCT. The Patent Cooperation Treaty ensures that by filing one international patent application, that applicants can simultaneously seek protection for an invention in other PCT member countries. A PCT National Phase entry provides a unified procedure for filing patent applications in each of its contracting states.

OAPI is a member of the Paris Convention where each contracting state must grant the same protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trade marks and designs.

The Paris Convention is an international agreement which helps creators ensure that their Intellectual Property is protected in other countries.

What We Do

✓ OAPI trade mark registration

✓ OAPI Patent applications

✓ Utility model registration

✓ Industrial design registration

✓ Trade name registration

✓ Copyright and related rights

✓ Geographical indication protection

✓ Plant variety protection

✓ Intellectual property searches and assessments

✓ Intellectual property renewals, assignments and licensing

The Process

For trade marks, patents, industrial designs and other registrable rights, the process begins by identifying the right to be protected and conducting the relevant searches.

The applicant then prepares the prescribed application, supporting documents and representations or technical specifications, where applicable.

The application is submitted to OAPI or, where permitted, through the competent authority in an OAPI member state.

Prescribed fees must be paid.

OAPI examines the application according to the relevant provisions of the Bangui Agreement.

Depending on the type of right, this may include formal examination, substantive examination, publication and an opportunity for third parties to raise objections or opposition.

Requirements

Applicants based outside the OAPI region should check whether an authorised representative in a member country is required.

Applicants should also confirm the current forms, filing fees, language requirements and supporting documents before submitting an application.

Renewals

Renewal and maintenance requirements depend on the type of intellectual property right. Failure to pay the required renewal or maintenance fees within the applicable period can result in the loss of protection. Renewal deadlines, applicable fees and any grace periods should be monitored for each registered right.

Transfer of Onwership

Intellectual property rights registered through OAPI can be transferred or licensed, subject to the requirements applicable to the particular right. An assignment transfers ownership of an intellectual property right from one party to another. A licence allows another party to use the right under agreed terms while ownership remains with the rights holder. Transfers may take place through a sale, a business acquisition, an assignment agreement or another legally recognised arrangement. Licensing agreements may set out the permitted uses, territory, duration, royalties and other conditions.