Overview
Congo (officially the Republic of the Congo) provides intellectual property protection for trademarks, patents, and industrial designs primarily through the Organisation Africaine de la Propriété Intellectuelle (OAPI). With OAPI membership, a single registration extends rights across all member states, including Congo. Local enforcement in Congo remains possible, ensuring that rights holders can pursue remedies for infringement within its court system.
OAPI’s centralized application process allows both domestic and international applicants to secure IP rights under a consistent set of rules. This framework aligns with international best practices and offers wide territorial coverage across multiple countries in Africa.
International Conventions
As an OAPI member, Congo benefits from multiple international agreements. In addition, it separately participates in some global IP treaties. These include:
- Paris Convention
- Berne Convention
- TRIPS Agreement
- Patent Cooperation Treaty (PCT)
Trademarks in the Republic of Congo are registered through OAPI, which generally uses a single-class filing approach for applications.
Applicants must present a clear reproduction of the trademark and pay the prescribed fees.
Substantive exam focuses on distinctiveness and other legal eligibility criteria.
Trademark registration is valid for 10 years from the filing date, with the possibility of successive 10-year renewals.
Information such as applicant’s name, address, and description of goods or services must be accurately specified in the chosen class.
Once a trademark is granted, rights extend throughout OAPI member states, including the Republic of Congo. Enforcement against infringement may be sought through local administrative or judicial channels.
Patent protection in the Republic of Congo also follows the OAPI system, with one application covering all member countries.
The patent term is 20 years from the filing date, subject to payment of annual maintenance fees.
The application must include a detailed specification, claims, and any necessary accompanying documents.
Substantive examination ensures compliance with novelty, inventive step, and industrial applicability requirements.
The Republic of Congo benefits from OAPI’s membership in the Patent Cooperation Treaty (PCT), allowing international applicants to use the PCT route for obtaining patent rights that ultimately apply in the Republic of Congo.
Granted patents confer exclusive rights within the Republic of Congo, which may be enforced locally where infringements occur.
Industrial design protection in the Republic of Congo is equally achieved through OAPI’s unified registration procedure.
• A proper depiction of the design is required.
• Design registrations typically last for an initial term of five years, with possible renewals in line with OAPI regulations.
• Applicants must furnish precise details to ensure accuracy during the examination process.
Once approved, industrial designs confer exclusive rights that prevent third parties from making, importing, or selling substantially similar designs in the Republic of Congo and other OAPI jurisdictions.
This information does not constitute legal advice; it is for informational purposes only.
