Overview
Guinea’s intellectual property (IP) regime encompasses trademarks, patents, and industrial designs under a unified system. Although IP matters are generally managed by national institutions, Guinea is a member of the African Intellectual Property Organization (OAPI). Rights obtained through OAPI extend to Guinea, offering a uniform set of protections applicable across all member countries.
OAPI’s regional procedures significantly simplify the registration process, allowing applicants to obtain IP rights valid in multiple jurisdictions simultaneously. Nonetheless, these rights can still be enforced locally in Guinea, ensuring legal recourse for both nationals and foreigners.
International Conventions
Through its membership in OAPI and other agreements, Guinea adheres to major international treaties:
- Paris Convention
- Berne Convention
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
- Patent Cooperation Treaty (PCT)
Trademarks in Guinea are registered through OAPI, which generally follows a single-class system.
- Applicants must submit a clear reproduction of the trademark and pay the required fees.
- Substantive examination assesses distinctiveness and other legal criteria.
- The trademark is registered for 10 years from the application date, with the possibility of renewal for equal periods.
- The applicant must correctly provide the name, address, and description of the goods or services in the chosen class.
Once registered, the trademark grants rights enforceable in all OAPI member states, including Guinea, with local judicial enforcement possible.
Patent protection in Guinea is also obtained through OAPI’s unified system.
- The patent is valid for 20 years from the application date, subject to annual maintenance fees.
- The application must include detailed specifications, claims, and supporting documents.
- Substantive examination checks for novelty, inventive step, and industrial applicability.
- OAPI is part of the PCT, allowing international applications to include Guinea.
Granted patents confer exclusive rights in Guinea, which can be enforced through the courts.
Protection for industrial designs in Guinea also arises from the unified OAPI system.
- A suitable representation of the design must be submitted.
- Initial protection lasts 5 years, renewable twice, up to a maximum of 15 years.
- Provided data must be accurate to ensure the validity of the process.
Once registered, the holder can prevent the manufacture, importation, or sale of products with similar designs, both in Guinea and other OAPI countries.