Overview
Benin administers intellectual property rights covering trademarks, patents, and industrial designs. Although local IP matters are under the general purview of national authorities, Benin is a member state of the Organisation Africaine de la Propriété Intellectuelle (OAPI). Consequently, IP protection is managed regionally through OAPI procedures, but rights remain enforceable within Benin as part of the unified OAPI framework.
Despite being part of a regional system, Benin maintains its own infrastructure for economic growth and industrial development, making IP protection an important consideration for both local and foreign applicants.
Trademarks in Benin are acquired through OAPI, where a single-class filing system typically applies. Rights obtained through OAPI extend to Benin:
• A clear representation of the trademark.
• Substantive exam is conducted to ensure distinctiveness requirements are met.
• Validity lasts for 10 years from the filing date, potentially renewable for further 10-year periods.
• Applicants must furnish precise details: name, address, and an indication of the goods or services sought under one class per application.
Once registered through OAPI, the trademark is enforceable within Benin, with available legal remedies against infringement.
Patent protection in Benin also follows OAPI regulations. Applications filed via OAPI cover all its member states, including Benin:
• Patent term is typically 20 years from the filing date, subject to annual maintenance fees.
• Applicants must submit a detailed specification, claims, and necessary documents.
• The invention must fulfill novelty, inventive step, and industrial applicability requirements.
• As OAPI is a contracting party to the Patent Cooperation Treaty (PCT), international applicants can use the PCT route to eventually seek protection in Benin.
Patents granted through OAPI confer exclusive rights within Benin, with local enforcement measures available under relevant provisions.
Industrial designs in Benin are similarly obtained through OAPI, covering the visual and aesthetic features of a product:
• Applicants must provide accurate representations of the design;
• Design protection is granted for an initial term of five years, renewable twice for a total of 15 years.
• Applicant details must be precise to facilitate a smooth examination process.
A design registered under OAPI affords its holder exclusive rights against unauthorized use in Benin and the other OAPI member states.
This information does not constitute legal advice; it is for informational purposes only.
