Overview
Madagascar administers trademarks, patents, and industrial designs through the Office Malgache de la Propriété Industrielle (OMAPI). The country is not a member of any regional African IP organizations such as ARIPO or OAPI, so filings must be made directly to the national office. Madagascar’s IP framework follows established international standards, thus offering both local and foreign applicants recognized means to protect and enforce their rights.
Madagascar continues to refine its legal and administrative infrastructure to align with global practices. In instances of infringement, right holders may resort to civil or administrative proceedings, ensuring a measure of protection commensurate with international norms.
International Conventions
Madagascar is party to several multinational agreements influencing its IP system, including:
Paris Convention
Berne Convention
TRIPS Agreement
Patent Cooperation Treaty (PCT)
IP office
Applicants can file multi-class applications, enabling the registration of a trademark across multiple classes of goods or services within a single application:
Applicants must furnish a clear representation of the trademark and pay relevant fees.
A substantive exam is carried out to confirm the trademark’s distinctiveness and ensure no conflicts with prior registrations.
Registrations are valid for 10 years from the filing date and may be renewed for successive 10-year periods.
Applicants must supply accurate identification details (name, address) along with a precise listing of goods or services in one class.
Once granted, a trademark confers exclusive rights in Madagascar. Enforcement actions in the event of unauthorized usage can be taken through local administrative bodies or the judicial system.
Patents in Madagascar are processed by OMAPI. Invention applications must satisfy novelty, inventive step, and industrial applicability:
The standard patent term is 20 years from the filing date, subject to maintaining annual fees.
Applicants submit a definitive specification, claims, and relevant supporting documents.
Madagascar is a member of the PCT, enabling foreign applicants to enter the national phase after filing an international application.
A substantive exam verifies compliance with patentability prerequisites under local laws.
Upon grant, patent holders receive exclusive rights within Madagascar, with legal recourse available for patent infringements.
Industrial design protection in Madagascar focuses on safeguarding the ornamental or aesthetic characteristics of products. Filings must be submitted to OMAPI:
Applicants must provide images or drawings of the design and pay official fees.
Design registrations typically last for an initial term of five years, renewable twice for a total of 15 years.
Accurate applicant data must be provided to facilitate a valid registration.
Registration confers the right to forbid unauthorized reproduction or sale of products featuring the protected design within Madagascar.
This information does not constitute legal advice; it is for informational purposes only.
