African Regional Intellectual Property Organization (ARIPO)

ARIPO is an abbreviation for African Regional Intellectual Property Organization, which is an international organization related to intellectual property consisting of mainly English-speaking African countries.

In December 1976, the Act on the Creation of an Industrial Property Authority for the English-speaking Countries of Africa, with a view to promoting harmonization and development of industrial property law and related matters in the Parties concerned and in the African region. An agreement was adopted. The headquarters of the organization was subsequently established in Harare, Zimbabwe in September 12, and the name of the organization was changed to "ARIPO" in December 1981.

Actual operations are conducted based on the Harare Protocol established in Harare, Zimbabwe in 1982 for patents, utility models, and designs, and the Banjul Protocol established in Banjul, Gambia in 1993 for trademarks. .

Full member countries are Botswana, Cape Verde, Eswatini, Gambia, Ghana*, Kenya*, Lesotho, Liberia, Malawi, Mauritius*, Mozambique, Namibia, Rwanda*, Sao Tome and Principe, Sierra Leone*, Somalia*, Sudan*, and Seychelles*. , Tanzania, Uganda, Zambia*, and Zimbabwe (* indicates that they have not signed the Banjul Protocol. Mauritius and Somalia have not signed the Harare Protocol either.)

Observer countries are Algeria, Angola, Burundi, Egypt, Eritrea, Ethiopia, Libya, Nigeria, South Africa, and Tunisia.

Applications via ARIPO have the advantage of being able to apply to multiple African countries at once, so they are highly useful.

However, even if some member countries have concluded the Banjul Protocol, there are still doubts about the validity of trademark rights registered through ARIPO because the provisions of the protocol do not exist in their domestic laws. Caution must be taken. Furthermore, the Harare Protocol stipulates that patents granted or registered utility models and designs under the effect of this Protocol shall have the same effect as national patents, registered domestic utility models and domestic designs granted to each contracting party individually. A new provision has been established stating that the same conditions apply.

As for recent trends, the Harare Protocol and the Banjul Protocol were amended in November 2019, and the amendments became effective as of January 1, 2020. The effect of the above-mentioned amended protocol does not apply to cases filed before January 1, 2020.

Number of applications XNUMX XNUMX XNUMX XNUMX
Patent Total number [items] 831 868 754 833
From Japan [items] 25 41 49 29
PCT [items] 772 816 705 791
utility model Total number [items] 42 24 14 12
design Total number [items] 111 76 87 85
From Japan [items] 7 1    
商標 Total number [items] 368 408 342 510
From Japan [items]   2 2 2
Number of registrations XNUMX XNUMX XNUMX XNUMX
Patent Total number [items] 282 245 443 568
From Japan [items] 10 5 15 26
PCT [items] 266 236 421 547
utility model Total number [items] 2 12 3 9
design Total number [items] 67 66 71 87
From Japan [items] 3 1 3  
商標 Total number [items] 299 226 200 305
From Japan [items] 5 1   2

(Source: WIPO IP Statistics)

Overview of each ARIPO system

The scope of intellectual property rights handled includes patents, utility models, designs, trademarks, traditional knowledge, and copyrights.

The four laws regarding patents, utility models, designs, and trademarks are summarized in the table below.

  Patent utility model design 商標
The need for a local agent want want want want
Application language No application language restrictions, but English translation must be submitted within 2 months of application English
Substantive examination system will get will get No
(Leave it to each country)		 will get
Duration 20 years since application 10 years since application 10 years since application 10 years since application
(Can be extended every 10 years thereafter)
grace period will get No will get No
Objection No No No
(Leave it to each country)		 March since public announcement
Invalidation trial No No No No
(Leave it to each country)

 

Overview of the patent system

Parties

Botswana, Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Sierra Leone, Sudan, Swaziland, Tanzania, Uganda, Zambia, Zimbabwe

Application documents and language

■Application documents include (1) application, (2) specification, (3) scope of claims, (4) abstract, and (5) drawings (only if necessary).

■In addition, ⑥ Power of attorney (certification not required, within 2 months from the filing date), ⑦ Priority certificate (within 3 months from the filing date), ⑧ English translation of the priority certificate (within 6 months from the filing date) It is necessary to submit the following. In addition, if the inventor is not the applicant, it is necessary to submit ⑨ Statement of Assignment. If the name of the applicant in the first country is different from the name of the applicant in the ARIPO application, it is necessary to submit a ⑩ Priority Assignment Certificate.

■There are no restrictions on the language of the procedure, but an English translation must be submitted within two months from the filing date.

■The application should include the name and address of the applicant, the name and address of the inventor, the designation of the country in which protection is sought, and if priority is claimed, such information, etc.

Application format

■It is possible to apply either through the direct route or the PCT route.

　(i) Direct route
　　File an ARIPO application with the ARIPO Secretariat or the patent office of the contracting country.

　(ii) PCT route
　　① After filing the PCT application, procedures must be completed with the ARIPO Secretariat within 31 months from the priority date.
　　② Submit an English translation of the text of the description, claims, abstract, and drawings of the PCT application.
　　③ Pay the designated country fee within 31 months from the priority date.

■It may be converted to a utility model application once, at any time before the patent is granted or rejected.

Flow from application to registration

　(i) If the application is filed with the patent office of a contracting state, the patent office of the contracting state will check whether the documents meet the requirements for granting a filing date and send the application certificate to the applicant's agent. and send the application documents to the ARIPO secretariat.

　(ii) The ARIPO Secretariat will first examine the formal requirements. If any deficiencies in formal requirements are found, the applicant will be notified to that effect and ordered to make corrections within two months. If the application meets the formal requirements, the ARIPO Secretariat will notify the patent offices of each designated country.

　(iii) The application will be published 18 months after the filing date. It is possible to apply for early publication on the condition that a fee is paid.

　(iv) Substantive examination will be conducted for those that meet the formal requirements. There is no review request system. The ARIPO Secretariat conducts its own investigation into the existence of patent requirements (novelty, inventive step, industrial applicability, clarity, support requirements, etc.) or arranges for it to be conducted in a foreign country such as the EPO. There is. In addition, applicants may be requested to submit information on the examination results of corresponding foreign applications.

　① If it is determined that the patent requirements are not met, the ARIPO Secretariat will notify the applicant to that effect within a specified period. The applicant may submit a written opinion or amendment in response to this notification.
If it is determined that the patentability requirements are still not met even with the written amendments submitted by the applicant, the application will be rejected.
If the applicant is dissatisfied with this refusal, he or she may request reexamination within two months from the date of the notification.
　② If it is determined that the reasons for refusal have not been resolved after this request for reexamination, the applicant may file an appeal within three months from the date of the decision.
　③ If the application is refused after filing a request for reexamination, the applicant may request that the application be treated as a national application in each designated country within three months of the notification.
　④ If it is determined that a patent should be granted, the ARIPO Secretariat will notify the applicant and the designated country designated by the applicant of the patent. In response to this decision to grant a patent, the applicant has six months to pay the grant fee. In addition, if the regulations do not comply with the domestic law requirements of each designated country, the designated country will notify the ARIPO Secretariat that the regulations will not be effective in that country.
　⑤ If the patent fee is paid after the expiration of six months from the notification that the patent should be granted, the ARIPO Secretariat will grant the patent. The patent right will be valid in the designated countries (excluding the designated countries that have been notified in ④ above).

Relationship with corresponding foreign applications

■In order to facilitate the determination of novelty and inventive step, applicants are obliged to submit information regarding corresponding applications in other countries upon request from the ARIPO Secretariat. Upon request from the ARIPO Secretariat, if an applicant has filed a patent application, etc. for the same invention or essentially the same invention with another national or regional industrial property office, the date of the application. and number must be submitted within the specified period.

■If requested by the ARIPO Secretariat, the applicant must submit the results of the investigation or examination regarding the corresponding application within the specified period.

■ A statement that the claims of the application are identical in scope to those granted over the same prior art as shown by the corresponding U.S. Patent and Trademark Office, European Patent Office, or International Preliminary Examining Authority under the PCT, or by amendment; It would be useful in the examination if it is indicated that the same range has been reached.

■For PCT national entry applications, it is recommended to submit copies of the international search report and international preliminary examination report. For all applications, applicants have the option of paying an examination fee or submitting examination results of related applications from other countries. In the case of a PCT application, a copy of the international preliminary examination report may be submitted in place of the examination result of another country.

■It takes 33 to 40 months from patent application to registration. It takes 12 months from filing a request for examination to registration. The period from registration to notification is six months.

(Source: Japan International Intellectual Property Protection Association AIPPI・JAPAN “Survey and Research Report on the Actual Operation of Intellectual Property Rights Systems in African Countries and Intellectual Property Activities by Major Countries Outside the Region”)

- Examiners tend to refer to the examination results in the PCT international phase and the examination results of corresponding foreign applications. Therefore, it is preferable to obtain a patent grant for a corresponding foreign application as soon as possible.

About biological deposit

■Patent applications related to microorganisms are stipulated in Rule 6-2 of the Enforcement Regulations.

■With regard to the specification of a patent application that requires the use of microorganisms to carry out the invention, (a) the microorganisms are not generally available on the patent filing date, and (b) cannot be described in a way that would enable a person skilled in the art to carry out the invention. The invention shall be deemed to have been disclosed only if:

　(i) the culture of the microorganism has been deposited with an international depositary institution by the filing date;
　(ii) The name, deposit date and deposit number of the depositary institution are stated in the application documents.

■If the information specified in (ii) above is not included in the submitted application documents, the information must be submitted to the ARIPO Secretariat at the earliest of the following:

　(a) within 16 months from the filing date or, if priority is claimed, after the priority date;
　(b) If the ARIPO Secretariat receives a request for information and inspection related to the application under Rule 3, within one month from the day the Secretariat notifies the applicant of the receipt of the request.

■If the information stipulated in (ii) above is included in the application documents (specification, etc.) of the PCT application, there is no need to submit the original or copy of the deposit receipt at the time of transition to ARIPO.

statistics

- The number of patent applications in 2016 was 697 (657 via PCT route, 40 via direct route), of which 680 were filed by overseas residents. The largest number of applications came from the United States, with 204 applications. There are 21 applications from Japan.

・The number of patents registered in 2016 was 468, of which 462 were filed through the PCT route.

・The number of valid patents as of 2016 is 3,421.

- The top three fields (IPC) for patent applications in 2016 were Class C (chemistry; metallurgy) at 38%, Class A (daily necessities) at 16%, and Class B (processing operations; transportation) at 11%.

Others

-It is permitted to file divisional applications. However, when filing a divisional application, it is required to pay the maintenance fee in full for the original application.

- It is possible to conduct a prior art search for ARIPO. The survey cost is 300 US dollars.

 

 

Overview of the utility model system

Parties

Botswana, Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Sierra Leone, Sudan, Swaziland, Tanzania, Uganda, Zambia, Zimbabwe

Application documents and language

■The application documents are: (1) application, (2) specification, (3) scope of claims, (4) abstract, and (5) drawings or models.

■In addition, ⑥ Power of attorney (certification not required, within 2 months from the filing date), ⑦ Priority certificate (within 3 months from the filing date), ⑧ English translation of the priority certificate (within 6 months from the filing date) It is necessary to submit the following. In addition, if the creator is not the applicant, ⑨A statement of assignment must be submitted. If the name of the applicant in the first country is different from the name of the applicant in the ARIPO application, it is necessary to submit a ⑩ Priority Assignment Certificate.

■There are no restrictions on the language of the procedure, but an English translation must be submitted within two months from the filing date.

■The application should include the name and address of the applicant, the name and address of the inventor, the designation of the country in which protection is sought, and if priority is claimed, such information, etc.

Application format

■Like patents, applications can be filed either through the direct route or the PCT route.

■A utility model application can be converted into a patent application at any time before its refusal or registration.

Flow from application to registration

　(i) As with patents, the ARIPO Secretariat first examines formal requirements.

　(ii) Substantive examination will be conducted for those that meet the formal requirements. There is no review request system. The ARIPO Secretariat conducts a survey on whether there are requirements for a utility model (novelty, industrial applicability, clarity, support requirements, etc.) by itself or arranges for it to be conducted in a foreign country such as the EPO. . In addition, applicants may be requested to submit information on the examination results of corresponding foreign applications. The basic process is the same as that for patents. Utility model rights are valid in designated countries (excluding the designated countries that have notified in ④ above).

　(iii) It is possible to apply for an extension of the commencement of substantive examination for up to one year if certain requirements are met.

statistics

　In 2016, there were 29 utility model applications (22 from Zimbabwe, 3 from Kenya, 1 from South Africa, 1 from Swaziland, 1 from Russia, and 1 from the UK). There are 0 applications from Japan.

　The number of utility model registrations in 2016 was two.

 

Overview of the design system

Parties

Botswana, Cape Verde, Eswatini, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Sierra Leone, Sudan, Seychelles, Tanzania, Uganda, Zambia, Zimbabwe
*Some contracting countries do not have domestic laws that specifically provide for the protection of designs via ARIPO, so it is uncertain whether designs can be protected through ARIPO applications.

Application documents and language

■Application documents are ① application form and ② drawings.
■In addition, ③ Power of attorney (certification not required, within 2 months from the filing date), ④ Priority certificate (within 3 months from the filing date), ⑤ English translation of the priority certificate (within 6 months from the filing date) It is necessary to submit the following. In addition, if the creator is not the applicant, ⑥A statement of assignment must be submitted.
■There are no restrictions on the language of the procedure, but an English translation must be submitted within two months from the filing date.
■Protection can also be sought for three-dimensional designs.
■The application should include the name and address of the applicant, the name and address of the creator, the name of the product of the design, the designation of the country in which protection is sought, and if priority is being claimed, such information, etc.

Application format

　This should be done to the ARIPO Secretariat or the patent office of the contracting country.

Flow from application to registration

　(i) If the application is filed with the patent office of a contracting state, the patent office of the contracting state will check whether the documents meet the requirements for granting a filing date and send the application certificate to the applicant's agent. and send the application documents to the ARIPO secretariat.
　(ii) The ARIPO Secretariat will review the formal requirements. If a deficiency in formal requirements is found, the applicant will be notified to that effect and ordered to make corrections within two months. If the application meets the formal requirements, the ARIPO Secretariat will notify the patent office of each designated country.
　(iii) If it is determined that the formal requirements are met, the applicant shall pay the fee for design registration within six months. In addition, in each designated country, if a design does not comply with the requirements of domestic law for reasons such as lack of novelty, the designated country will notify ARIPO that the design is not valid in that country. The station will be notified.
　(iv) After the expiration of six months from the above notification, if the design registration fee is paid, the ARIPO Secretariat will grant the design right. Design rights are valid in designated countries (excluding designated countries that have given the notification in (iii) above).

Presence or absence of substantive examination

　None

Period from application to registration

　12-18 months

Duration

　10 years from the filing date

 

Overview of the trademark system

Parties

They are Botswana, Cape Verde, Eswatini, Gambia, Lesotho, Liberia, Malawi, Mozambique, Namibia, Sao Tome and Principe, Tanzania, Uganda, and Zimbabwe.
*Please note that even if some contracting countries have concluded the Banjul Protocol, the validity of trademark rights registered via ARIPO remains questionable because the provisions of the protocol do not exist in their domestic laws. is necessary.
*Can be specified later

Application documents and language

■Application documents are ① application form and ② trademark sample.
■In addition, ③ Power of attorney (certification not required, within 2 months from the filing date), ④ Priority certificate (within 3 months from the filing date), ⑤ English translation of the priority certificate (within 6 months from the filing date) It is necessary to submit the following. In addition, as a general rule, actual use or intention to use the trademark is required, and documentary evidence, etc. must be submitted when filing an application.
■The language of proceedings is English.
■The application should include the applicant's name and address, the country for which protection is sought (designated country), the goods or services for which protection is sought and their classification, and if priority is claimed, such information, etc.
■It is possible to specify goods or services belonging to multiple classes in one application.
■The Nice International Classification is adopted.
■Protection can also be sought for trademarks with three-dimensional shapes.

Application format

　This should be done to the ARIPO Secretariat or the patent office of the contracting country.

Flow from application to registration

(i) The following requirements must be met for an application to be validly accepted:
　・Information that identifies the applicant is stated in the application.
　・The trademark is included in the application documents
　・The country in which you seek protection must be specified at the time of application.

　If the requirements are incomplete, the ARIPO Secretariat will grant the applicant a grace period of two weeks to correct the deficiencies. If the applicant does not make the amendments by the deadline, the application will be rejected.

　(ii) In response to this notification, the designated national patent office may examine the application under its national law within nine months from the date of the notification. If the patent office of the designated country decides to reject the application, the ARIPO Secretariat will be notified of this. The applicant will be given the opportunity to respond directly to the designated State in response to the decision to refuse the application and will be reexamined.

　(iii) Applications accepted by the designated States will be published in the Official Bulletin.

　(iv) After the application is published, the applicant must pay the registration fee within three months and the application will be registered in the ARIPO Trademark Register. Trademark rights are valid in designated countries (excluding designated countries where refusal is finalized in (ii) above).

Duration

　3 months from the application publication date
　*It is unclear whether the period is 3 months as stipulated in the protocol or 2 months as stipulated in the domestic laws of certain contracting parties.
　*Extension of period is unknown.

Registration renewal

　The term of validity is 10 years from the filing date.
　The registration can be renewed for another 10 years by paying a renewal fee.

Notable cases (about the importance of trademark registration)

　TIFFANY filed an opposition to "TIFFANY" (Category 3, Class 5) filed by a third party in Tanzania, but could not prove the use of "TIFFANY" in the country. It could not be revoked because it could not prove its celebrity status in Class 3 or Class 5.
　In countries like Tanzania, owners of well-known trademarks should protect their trademarks.

 

About search database

 

You can search (Quick Search and Advanced Search) for patents, utility models, designs, and trademarks on ARIPO's website.
In addition, you can view and download the bulletins (issued once a month) from March 2015 onwards (not for each case, but all cases for that month).

reference

 

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    Patent attorney specialist　　Yoshiyuki Sumi

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