Overview
Niger protects trademarks, patents, and industrial designs within the regional structure of the Organisation Africaine de la Propriété Intellectuelle (OAPI). Rights registered via OAPI automatically extend to all member states, including Niger. Despite reliance on OAPI’s centralized procedures, enforcement of these rights may take place locally in Niger, allowing rights holders to address infringements through legal or administrative measures.
OAPI’s regional approach streamlines filings, offering uniform standards and a single process for multiple jurisdictions. This facilitates both domestic and foreign applicants seeking comprehensive IP coverage in West and Central Africa.
International Conventions
Through OAPI membership and supplementary international commitments, Niger adheres to several key treaties that shape its IP framework, including:
• Paris Convention
• Berne Convention
• TRIPS Agreement
• Patent Cooperation Treaty (PCT)
OAPI manages trademark registration for Niger, typically on a single-class basis:
• Applicants file a trademark representation and pay applicable fees.
• A substantive exam checks for distinctiveness and conflicts with prior registrations.
• Once approved, the trademark remains valid for 10 years from the filing date, renewable in 10-year increments thereafter.
• Applicants must furnish accurate details (name, address) and specify the goods or services under one class.
Registered trademarks confer exclusive rights in Niger and other OAPI countries, with local enforcement options available when infringing use surfaces.
Patent protection is similarly obtained through OAPI, granting coverage in Niger upon successful registration:
• Patents generally last 20 years from the filing date, subject to annual fee payments.
• Applicants submit a description, claims, and relevant documentation to demonstrate novelty, inventive step, and industrial applicability.
• As OAPI is a PCT contracting party, applicants can designate OAPI in their international filings, extending patent rights to Niger.
• Substantive examination confirms that the invention meets legal requirements.
Once granted, patents may be enforced in Niger through judicial proceedings, thereby preventing unauthorized exploitation of the patented invention.
Industrial designs in Niger are also processed under OAPI’s regional system, providing uniform protection:
• A formal application, including representations of the design, is required, along with payment of fees.
• Design registrations typically last for an initial term of five years, renewable twice for a total of 15 years.
• Applicants must supply correct information to ensure valid registration.
A registered design affords the owner the exclusive right to block unauthorized manufacturing or sales of products bearing a similar aesthetic in Niger and all OAPI member states.