Overview
Burkina Faso’s intellectual property regime covers trademarks, patents, and industrial designs under a unified system. Although domestic matters of IP are generally overseen by national institutions, Burkina Faso is a member state of the Organisation Africaine de la Propriété Intellectuelle (OAPI). Rights secured through OAPI extend to Burkina Faso, offering a uniform set of protections applicable to all member countries.
OAPI’s regional procedures significantly streamline the filing process, allowing applicants to secure IP rights that are valid in several jurisdictions at once. Nonetheless, local enforcement of these rights remains possible in Burkina Faso, ensuring that both national and foreign applicants can seek recourse in the event of infringement.
Trademarks in Burkina Faso are registered through OAPI, which generally uses a single-class filing approach for applications.
Applicants must present a clear reproduction of the trademark and pay the prescribed fees.
Substantive exam focuses on distinctiveness and other legal eligibility criteria.
Trademark registration is valid for 10 years from the filing date, with the possibility of successive 10-year renewals.
Information such as applicant’s name, address, and description of goods or services must be accurately specified in the chosen class.
Once a trademark is granted, rights extend throughout OAPI member states, including Burkina Faso. Enforcement against infringement may be sought through local administrative or judicial channels.
Patent protection in Burkina Faso also follows the OAPI system, with one application covering all member countries.
The patent term is 20 years from the filing date, subject to payment of annual maintenance fees.
The application must include a detailed specification, claims, and any necessary accompanying documents.
Substantive examination ensures compliance with novelty, inventive step, and industrial applicability requirements.
Burkina Faso benefits from OAPI’s membership in the Patent Cooperation Treaty (PCT), allowing international applicants to use the PCT route for obtaining patent rights that ultimately apply in Burkina Faso.
Granted patents confer exclusive rights within Burkina Faso, which may be enforced locally where infringements occur.
Industrial design protection in Burkina Faso is equally achieved through OAPI’s unified registration procedure.
A proper depiction of the design is required.
Design registrations typically last for an initial term of five years, with possible renewals in line with OAPI regulations.
Applicants must furnish precise details to ensure accuracy during the examination process.
Once approved, industrial designs confer exclusive rights that prevent third parties from making, importing, or selling substantially similar designs in Burkina Faso and other OAPI jurisdictions.
This information does not constitute legal advice; it is for informational purposes only.
