Overview
Guinea-Bissau is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI), which administers trademarks, patents, and industrial designs on a regional basis. Rights granted through OAPI automatically extend to Guinea-Bissau, allowing local and foreign applicants to secure protection throughout all OAPI member states with a single application. Local enforcement remains an option, enabling rights holders to pursue action against infringement in Guinea-Bissau if it arises. OAPI’s streamlined procedures ensure alignment with international standards, offering a centralized approach that benefits applicants seeking IP protection across multiple jurisdictions. Nevertheless, rights holders can still make use of national mechanisms to uphold their interests within Guinea-Bissau.
International Conventions
By virtue of OAPI membership and further international commitments, Guinea-Bissau aligns with widely recognized IP treaties such as:
Paris Convention
Berne Convention
TRIPS Agreement
Patent Cooperation Treaty (PCT).
Trademarks in Guinea-Bissau are filed under OAPI’s single-class system, covering all OAPI member states:
- Applicants provide a clear depiction of the trademark and pay the prescribed fees.
- A substantive exam assesses distinctiveness and checks for conflicts with existing registrations.
- Registration is valid for 10 years from the filing date, with renewals available for subsequent 10-year periods.
- Applicant information (name, address, and goods/services in the chosen class) must be accurate.
Owners of OAPI-registered trademarks may seek enforcement locally in Guinea-Bissau if unauthorized use takes place.
Patent applications covering Guinea-Bissau are likewise managed through OAPI:
- The patent remains in force for 20 years from the filing date, contingent on annual maintenance fee payments.
- Applicants submit a description, claims, and necessary documentation demonstrating novelty, inventive step, and industrial applicability.
- As OAPI is a PCT contracting party, international applicants can designate OAPI in their PCT filings, thus including Guinea-Bissau.
- A substantive exam ensures the invention meets legal patentability standards. Patent holders can enforce their rights in Guinea-Bissau through judicial or administrative remedies.
Industrial designs in Guinea-Bissau also fall under OAPI’s umbrella, protecting the appearance of products:
- Applicants submit representations of the design along with the required fees.
- Design registrations typically last for an initial term of five years, renewable twice for a total of 15 years.
- Applicants must supply accurate owner details and an accurate depiction of the design.
Once registered, designs remain enforceable in Guinea-Bissau, giving holders exclusive rights against infringing acts.