Overview
The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations, established in 1967 to promote the protection of intellectual property worldwide. WIPO provides global services, policy forums, and collaborative programs benefiting over 190 member states, including several on the African continent. Its primary objective is to harmonize, streamline, and oversee international registration systems for trademarks, patents, and industrial designs.
International Treaties and Systems
WIPO coordinates international treaties and systems, such as the Madrid System for trademarks, the Patent Cooperation Treaty (PCT) for patents, and the Hague System for industrial designs. Through these instruments, applicants may file a single international application that can later provide protection across multiple member states. WIPO continuously updates its legal frameworks and regulations, most recently revising several provisions in the Hague System and the Madrid System in 2022 to address evolving global practices.
official name
World Intellectual Property Organization
continent
Europe
Africa
Antarctica
Asia
North America
Oceania
South America
IP office
Madrid System
Under WIPO’s Madrid System, applicants can secure trademark protection in multiple member states through one international registration. This proves particularly beneficial for entities seeking coverage in multiple countries that have acceded to the System.
- Renewal Period: Registrations under the Madrid System are valid for 10 years from the date of registration, renewable for successive 10-year periods.
- Applications: Applicants must designate WIPO member states and provide a clear representation of the trademark along with a specific or multiple class list of goods or services. The Madrid System permits single or multi-class filings.
- Exam: The International Bureau at WIPO conducts a formal exam to ensure correct filing. Each designated member state proceeds with its own substantive exam based on national legal standards.
- Member State Implications: Once recorded, the international registration holds the same effect as if the trademark were filed directly in each national office. Applicants benefit from centralized administration for subsequent changes and renewals.
Patent Cooperation Treaty (PCT)
WIPO’s Patent Cooperation Treaty (PCT) provides a centralized procedure for filing patent applications. It allows applicants to seek protection across multiple member states, including African countries that have joined the treaty.
Requirements: A PCT application must include a detailed description, claims, an abstract, and, where necessary, drawings.
Exam: WIPO coordinates the international search and preliminary examination, providing applicants with an overview of patentability. Each designated office then conducts its own examination during the national or regional phase.
Member State Implications: Membership in the PCT enables applicants to defer individual national filings, thus simplifying patent prosecution in numerous countries. Resulting granted patents remain subject to enforcement under local laws.
Hague System
WIPO’s Hague System facilitates the international registration of industrial designs, including in certain African countries that are members of this agreement.
• Procedures: Applicants file a single design application with WIPO, which transmits the registration to designated contracting parties. Submissions include drawings, photographs, or other representations that illustrate the industrial design.
• Duration: Registrations under the Hague System typically last an initial five years from the filing date and are renewable in five-year increments. The maximum term varies by jurisdiction (often up to 15 years).
• Member State Implications: Once registered, the design benefits from protection in each designated country. However, enforcement, invalidations, and legal disputes are governed by individual national laws.
• Unique Aspects: The Hague System consolidates filings across multiple jurisdictions, considerably reducing procedural duplication. Updates introduced in 2022 simplified certain procedural requirements and provided additional electronic services for applicants.
This information does not constitute legal advice; it is for informational purposes only.
