Madagascar

The Republic of Madagascar is an independent state situated in the Indian Ocean off the south-east coast of Africa separated from the mainland by the Mozambique Channel.

General information

• Capital: Antananarivo
• Population: 14.87 million
• Area: 587 042 km2 (fourth largest island in the world)
• Languages: French, Malagasy - official languages
• Exports: Coffee; vanilla; cloves and clove oils; sugar; petroleum products; shellfish
• Imports: Intermediate manufactures; capital goods; petroleum; consumer goods; food
• Currency: Malagasy Franc

Trademarks

Law:

The Trade Marks Ordinance no. 89-019 of 31 July 1989.

International Conventions:

WIPO, WTO, Paris Union, Berne Union.

Requirements for Application:

(a) Power of attorney (in French), executed in the presence of a notary public.
(b) Ten prints of the trade mark - word and device marks.

Classification:

International classification of goods and services. A single application may cover more than one class. Specification to be lodged in French.

Procedure:

Applications are examined as to inherent registrability and for conflict with prior existing registrations/applications.

Opposition:

No provision.

Use:

Marks may be removed from the register if not used within a period of three years.

Duration and Renewal:

A trade mark registration is effective for an initial period of ten years and, thereafter, renewable for like periods.

Licensing/Registered Users:

Licensing is recognised. Recordation is required to be legally binding.

The license agreement must provide for quality control by the licensor.

Requirements:

(a) Notarised license agreement in French or filed with verified translation;
(b) Notarised power of attorney from the proprietor;
(c) Notarised power of attorney from the licensee.

Assignments:

Assignments may be made with or without goodwill of the business

Requirements:

(a) Notarised deed of assignment in French or filed with verified translation;
(b) Notarised power of attorney from the assignee in French or filed with verified translation.

Marking of Goods:

Notice of registration by use of the legend ‘Marque Déposée’ optional.

The country of origin should be clearly marked.

Patents

General:

Patent protection can be obtained by a national filing. Madagascar is a member of the International Convention, WTO and PCT.

Filing Requirements:

Neither legalization nor notarisation of any documents is required. A specification in French is needed.

Novelty:

An invention is new if it has not been made available to the public, at any place or at any time, by means of a written or oral description, by use, or in any other way, before the date of filing or the priority date. A grace period of six months preceding the filing date or the priority date is provided for disclosures at any officially recognised exhibition either in the national territory or in convention countries. Novelty is also not destroyed if disclosure results from obvious abuse in relation to the applicant or his legal successor.

Examination:

The application is subjected to formal and substantive examination.

Duration/Maintenance:

The term of a patent is fifteen years from the filing date. However, if the national interest so demands, and the invention is worked in Madagascar in a serious and satisfactory manner, an additional term of five years may be obtained. Maintenance fees are payable annually as from the second anniversary of the filing date. A grace period of six months is available.

Working:

After four years from the filing date, or three years from the date of grant, whichever is later, compulsory licenses on fair and equitable remuneration can be requested on the following grounds:

(a) the patented invention has not been worked or has been worked insufficiently within the country;
(b) the patentee refuses to grant licenses under reasonable conditions; or
(c) Working of the patented invention within the country does not satisfy, under reasonable conditions, demand for the product.