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Guinea-Bissau

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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).

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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.