Overview
The Organisation Africaine de la Propriété Intellectuelle (OAPI) was established under the Bangui Agreement (1977), which was significantly revised in 1999. Based in Yaoundé, Cameroon, OAPI serves as a central hub for administering and harmonizing intellectual property rights among its member states. Through a single regional system, applicants can register IP rights that are automatically effective in all OAPI member states, encompassing multiple countries primarily in West and Central Africa.
OAPI’s legal framework offers a unified approach for trademarks, patents, and industrial designs. Notably, member states collaborate under a common set of provisions, rather than adopting separate national implementations. This approach ensures cohesive protection and enforcement, reducing administrative work for applicants.
IP office
Bangui Agreement
OAPI trademarks are regulated by the Bangui Agreement, providing a unified registration process that covers all member states. A single trademark application suffices, and applicants can choose single or multiple classes in one filing.
- Renewal Period: Registrations are valid for 10 years from the filing date and can be renewed indefinitely in 10-year increments.
- Applications: Applicants must submit comprehensive details, including a representation of the trademark and a clear identification of the goods or services.
- Exam: OAPI conducts a formal examination to confirm compliance with filing requirements; a substantive examination may follow, primarily to verify distinctiveness.
- Member State Implications: Once the trademark is granted, it enjoys automatic coverage in all member states, eliminating the need for separate national procedures.
Bangui Agreement
Under OAPI’s patent system, applications are also governed by the Bangui Agreement, allowing inventors to secure regional rights through a single filing.
Requirements: A patent application must include a request form, description, claims, drawings (if applicable), and an abstract.
Renewal Period: OAPI patents remain valid for up to 20 years from the filing date, subject to the payment of annual maintenance fees.
Exam: After formal checks, OAPI may carry out a substantive examination;
Member State Implications: Once granted, a patent is enforceable across all member states; nonetheless, local courts maintain jurisdiction over infringement disputes.
Industrial designs within OAPI follow a unified filing system, providing a streamlined process to protect aesthetic or ornamental aspects of an article across all member states.
- Procedures: Applicants must submit clear depictions of the design, along with a brief description.
- Duration: Initial protection lasts 5 years from the filing date, renewable twice for 5-year periods each, up to a total of 15 years.
- Member State Implications: Registration automatically extends design protection to every member state. Enforcement of these rights, including potential infringement actions, typically occurs before national courts.
- Unique Aspects: By offering a single regional registration process, OAPI significantly reduces administrative overhead, providing uniform design protection across diverse jurisdictions.
This information does not constitute legal advice; it is for informational purposes only.
