OAPI

Trade Marks

International Conventions

See individual member states.

Requirements for Application

(a) Power of attorney (in French), simply signed. A separate document is required for each application.
(b) Twelve prints of the trade mark - device marks.

Classification

International classification of goods and services. A single application may cover more than one class. However, goods and services may not be included in a single application.

Procedure

A single application covers the entire Union and applications are examined as to formal requirements only.

Opposition

Opposition may be lodged within six months of publication, which takes place after registration.

Use

An interested party may apply for cancellation of a registration on the ground of non-use at the expiration of a period of five years after registration.

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 and recordation is required to be legally effective;

Requirements

(a) License agreement, in English or French or accompanied by a verified translation;
(b) Power of attorney from the proprietor;
(c) Power of attorney from the licensee

Assignments

Assignments are possible and may be made with or without goodwill of the business;

Requirements

(a) Deed of assignment, signed by each party before a Notary Public, in English or French or accompanied by a verified translation;
(b) Power of attorney from the assignee.

Marking of Goods

Refer to member states.

Patents

General

OAPI is a member of PCT and Convention priority can be claimed.

Patentable Subject Matter

New inventions must be novel, involve an inventive step and be capable of use in industry, including agriculture.

The following subject matter is not patentable:
i. inventions contrary to public order or morals;
ii. scientific or mathematical theories, plant varieties, animal breeds, biological processes for obtaining plants or animal;
iii. schemes and combinations relating to finance, intellectual processes, games of chance;
iv. processes for curing disease in the field of medicine and veterinary science, methods for diagnosis;
v. presentations of information;
vi. computer programs; and
vii. ornamental creations. 

Filing Requirements

Neither legalization nor notarisation of any of the forms is required. A specification in English or French is needed.

Novelty

An invention is new if it has not been made available to the public, anywhere in the world by whatever means or methods, before the filing date or the priority date. A twelve months grace period is provided, if disclosure was at an official or an officially recognized international exhibition or if the disclosure came from an obvious violation committed against the applicant or predecessor of applicant.

Examination

Examination is usually restricted to as to whether or not the invention contains excluded subject matter, the claims are fairly based on the disclosure in the specification, and there is unity of invention.

Duration/Maintenance

The patent has a term of twenty years from the filing date subject to payment of annual maintenance fees as from the first anniversary of the filing date.

Working

In the absence of legitimate reasons for non-working, a compulsory licence on an OAPI patent can be obtained within four years from the date of filing or within three years from the date of grant, if:
the patented invention is not being worked in one of the member states;
the working of the patented invention in such territory does not meet the demand for the protected product on reasonable terms;
on account of the refusal of the owner of the patent to grant licences on reasonable commercial terms and procedures, the establishment or development of industrial or commercial activities in such territory is unfairly and substantially prejudiced.

Licences/Assignments

Licences and Assignments must be recorded to be effective against third parties.