table of contents
Overview of OAPI
OAPI is an abbreviation for the African Intellectual Property Organization (French: Organization Africaine de la Propriété Intellectuelle), an international organization related to intellectual property rights made up of mainly French-speaking African countries. Specifically, the company handles work related to patents, utility models, designs, trademarks, trade names, geographical indications, copyrights, unfair competition, circuit layouts, and plant variety registration. The language used in OAPI is English or French.
OAPI was established by the African and Malagasy Intellectual Property Office (OAMPI) in September 9 based on the Libreville Agreement by the countries of former French colonies in Africa, and was established in March 3. The organization was renamed based on the enacted Bangui Agreement, and its headquarters are located in Yaounde, Republic of Cameroon.
There are currently 17 member countries listed below.
OAPI is a member of the international treaties of the World Intellectual Property Organization (WIPO), the Paris Convention, the Patent Cooperation Treaty (PCT), and the Hague Agreement.In December 2014, OAPI joined the Madrid Protocol, and in 2016 has acceded to the Singapore Convention on Trademark Registration.
The number of trademark registrations is steadily increasing, and on June 29, 2018, the number of trademark registrations reached 100,000.
Furthermore, based on a decision in December 2017, the office with jurisdiction over intellectual property was separated into an office with jurisdiction over trademarks and an office with jurisdiction over patents.
The Bangui Agreement was revised on December 3, 4, and as the revised Bangui Agreement was ratified by 5 countries, two-thirds of the OAPI member countries, the GI Agreement (Annex 2022), Literary and Artistic Property Rights (Annex 1), Protection from Unfair Competition (Annex 2) and Plant Variety Protection (Annex XNUMX) amended provisions on XNUMX November XNUMX. It has been in effect since. Additionally, the trademark (Annex XNUMX), design (Annex XNUMX), and trade name (Annex XNUMX) were installed on January XNUMX, XNUMX.
Note that patents (Appendix 1) and utility models (Appendix 2) have not yet been enforced. The above-mentioned revised Bangui Agreement mainly includes the following amendments.
The revised Hangi Agreement mentioned above mainly includes the following amendments.
Introduction of substantive examination
Provisions regarding request for appeal in case of dissatisfaction with refusal
Mediation and arbitration provisions
Improving counterfeit product control, law enforcement and border measures
Continuation of the digitalization process
Confirmation that civil courts in member states have the right to determine the validity and ownership of all intellectual property rights
In particular, it should be noted that a substantive examination and opposition system will be introduced for patents.
As shown below, OAPI plays the role of a national office with jurisdiction over intellectual property rights in member countries, and when OAPI is designated in a PCT application, it is automatically assumed that all member countries have been designated. Similarly, OAPI acts as a receiving Office for residents and nationals of member states.
Applications to OAPI are regional applications, similar to European Patent Applications (EPCs). However, OAPI member countries do not have a special department such as a patent office that has jurisdiction over intellectual property rights, and OAPI itself plays the role of a national government agency that has jurisdiction over intellectual property rights in member countries. . Therefore, an application to OAPI is automatically treated as an application for all member countries, and patent rights, etc. are effective in all member countries.
When filing a patent application, etc. targeting OAPI member countries, it is important to note that, as stated above, it is not possible to file an application for a single member country, but only for all member countries. be. Similarly, when filing a PCT application, it is important to note that it is only possible to designate a regional patent "OAPI" and that it is not possible to seek protection as a national patent in each member state.
| Number of applications | XNUMX | XNUMX | XNUMX | XNUMX | |
| Patent | Total number [items] | 551 | 514 | 479 | 612 |
| From Japan [items] | 13 | 20 | 22 | 16 | |
| PCT [items] | 398 | 408 | 324 | 397 | |
| utility model | Total number [items] | 14 | 16 | 15 | 18 |
| design | Total number [items] | 515 | 441 | 505 | 438 |
| From Japan [items] | 8 | 7 | 4 | 1 | |
| 商標 | Total number [items] | 6,434 | 6,516 | 6,464 | 6,844 |
| From Japan [items] | 78 | 80 | 59 | 74 | |
| Number of registrations | XNUMX | XNUMX | XNUMX | XNUMX | |
| Patent | Total number [items] | 540 | 490 | 580 | 505 |
| From Japan [items] | 26 | 15 | 7 | 20 | |
| PCT [items] | 394 | 366 | 442 | 363 | |
| utility model | Total number [items] | 15 | 17 | ||
| design | Total number [items] | 429 | 393 | 477 | 432 |
| From Japan [items] | 5 | 5 | 5 | 1 | |
| 商標 | Total number [items] | 6,842 | 6,982 | 6,800 | 7,118 |
| From Japan [items] | 97 | 104 | 67 | 74 | |
(Source: WIPO IP Statistics)
Overview of the four OAPI laws
The table below summarizes the four laws regarding patents, utility models, designs, and trademarks under OAPI.
| Patent | utility model | design | 商標 | |
| The need for a local agent | want | want | want | want |
| Application language | English or French | |||
| Substantive examination system | will get | No | No | will get |
| grace period | will get | will get | will get | No |
| I object | No | No | 3 months since release | 3 months since release |
*Attachment 1 includes a description of substantive examination of patents, but Annex 1 has not yet been implemented.
*Trademark examination is conducted on formal requirements and absolute reasons for refusal; examination on relative reasons for refusal is not performed.
*If you wish to invalidate a right, any person with an interest may file a lawsuit in court to invalidate the right.
*On the other hand, an appeal against a refusal of a request for maintenance or extension of the protection period of an application or right, or a decision on an opposition, is filed by requesting a trial to the High Commission for Appeal, an organization of OAPI.
Overview of the patent system
Required Documents
When applying, please submit the documents listed below.
②Document certifying that the prescribed application fee has been paid
③ Power of attorney: No authentication required. Also, it can be submitted within 6 months from the date of application.
④Specification, claims, abstract, and necessary drawings (drawings are optional)
⑤ In the case of inventions related to microorganisms, a receipt certifying the deposit of the relevant microorganisms.
If you wish to claim priority, please submit the following documents within six months from the filing date.
⑥An oath stating the filing date of the basic application, application number, filing country, and applicant's name
⑦Authorized copy of basic application
⑧ If the basic application and the applicant are different, a letter of authorization regarding assignment of priority, etc.
The language of proceedings is English or French.
Application format
PCT applications, direct applications, and priority applications under the Paris Convention are all possible. Additionally, the transition deadline for filing a PCT application is 30 months from the priority date. An English or French translation is also required. Please note that each OAPI member country does not have a so-called national office, so applications must be filed directly with OAPI.
Before registration, it is possible to change the application to a utility model registration application. Similarly, it is also possible to convert a utility model registration application to a patent application. However, it is not possible to change one application more than once (i.e., change the application format from patent → utility model → patent).
After obtaining a patent right, but before the expiration of the right term, it is possible to apply for a certificate of addition for the purpose of changing, improving, or adding to the patented invention.
The term of the rights related to the above certificate of addition will expire at the same time as the term of the underlying patent right expires. On the other hand, even if the original patent right or the rights related to other certificates of addition based on the same patent rights become invalid, the rights related to the above certificate of addition will continue to exist.
Additionally, an application for a Certificate of Addition can be converted into a regular patent application before the Certificate of Addition is granted.
Flow from application to registration
① There is no application publication system or application examination request system. All applications are sequentially subjected to formality examination for formal requirements, unity, and grounds for non-patentability. The Hangi Agreement states that substantive requirements such as novelty and inventive step can also be examined (Article 20 of the Hangi Agreement Annex 1: Patents), but in reality, substantive examination is not required. appears to have never been done. In other words, in OAPI, only a formality examination is conducted, and if the requirements are met, it will be registered.
The reason for non-patentability mentioned above is that the following inventions cannot be patented.
・Scientific or mathematical theory
- Varieties of plants and animals and essential biological methods for breeding plants and animals, excluding microbiological methods and products obtained by such methods.
・Methods for treatment and diagnosis of humans or animals
・The computer program itself
・Mere presentation of information, etc.
② If it is determined that there are deficiencies in the above formalities examination, you will be notified of the deficiencies. In that case, it is possible to correct the application documents within three months from the date of the above notification.
If a violation of unity is notified, the application can be divided within six months from the date of notification.
③ If the above-mentioned deficiencies are not present, or if the deficiencies in the application documents are resolved through the above-mentioned corrections, etc., a decision will be made to grant the patent for the application. The above patent rights are effective in all OAPI member countries.
In addition, if a decision is made to refuse an application, an appeal against that decision can be filed by requesting an appeal to the OAPI High Commission for Appeal.
About patent rights
The term of a patent right is 20 years from the filing date. In addition, the deadline for patent fee payment (fee payment) for each year is the filing date of each year (a grace period of 6 months, a grace period of 2 years from the fee payment deadline and a 6 month period from the resolution of the reason for non-conduct). exists).
Additionally, there are provisions for compulsory licensing that require non-execution in OAPI member countries.
Interested parties can file a lawsuit seeking invalidation of patent rights in civil courts in each country. Unlike Japan, there is no provision for invalidation trials.
Fees (unit: franc cifa (FCFA))
Application fee: 225,000~
pension:
2nd-5th year (per year): 220,000~
Years 6-10 (per year): 375,000~
11th-15th year (each year): 500,000~
Years 16-20 (per year): 650,000~
Precautions
As mentioned above, under OAPI, applications are registered only through formal examination, and the final responsibility of the applicant and patentee is to determine whether the application meets the substantive requirements.
If the substantive requirements are not met, there is a risk that the patent right may be invalidated by litigation, so when applying to OAPI, it is recommended that the applicant conduct a search for prior documents, etc. before filing. I think it's good.
Overview of the utility model registration system
It's almost the same as the patent system. The main differences with the patent system are described below.
Protection target
The objects of protection under the utility model system are new configurations, new arrangements, or new constituent devices of working tools or objects or their parts that are subject to practical use, and are considered to be industrially usable.
Required Documents
Applications are filed by submitting the same documents as in the patent system, except that drawings are required.
Novelty
In the patent system, novelty is defined on a global basis, including overseas countries, whereas in the utility model system, novelty must not be described in a publication in an OAPI member country and must be openly used in an OAPI member country. If so, it is considered novel.
Duration
10 years from the filing date.
In addition, the regulations regarding the payment of registration fees each year are the same as those of the patent system, except that the non-refundable payment period is one year from the fee payment deadline date.
Fees (unit: franc cifa (FCFA))
■Application fee: 20,000~
■Pension:
2nd-5th year (per year): 20,000~
Years 6-10 (per year): 35,000~
design system
Overview
This means that all 17 member states are automatically designated in one application.
*It is not possible to specify only specific member countries.
Application route
Applications can be made via the Paris route or the Hagroot route.
Application language
English or French
Multiple designs per application system
We are hiring. One application can contain from 1 to 100 designs, as long as they belong to the same class or group or range of products in the international classification.
Documents required for application
drawing or sample
Power of attorney (certification not required, can be submitted within 6 months from the application date)
priority certificate
Application publication
The application will be published.
Objection system
The opposition period is three months after publication of the application.
Examination
Formality examination will be conducted
Designs that violate public order and morals
Invalidation trial system
There is no invalidation trial system. However, invalidation can be challenged in court.
Duration of design right
The period is 5 years from the filing date. It can be renewed twice every 5 years (up to 2 years).
trademark system
Overview
This means that all 17 member states are automatically designated in one application.
*It is not possible to specify only specific member countries.
Application route
Applications can be made via the Paris route or the Madpro route.
Application language
English or French
Type of trademark
Word trademarks, figure trademarks, symbolic trademarks, combination trademarks, color trademarks, three-dimensional trademarks, sound trademarks, continuous trademarks, hologram trademarks
Protection target
Goods, services, collective trademarks
categories
Adopts international classification (Nice classification)
One application multiple classification system
We are hiring. Additionally, it is now possible to include both product classification and service classification in one application.
Documents required for application
- Applicant's name and address, goods or services, classification of goods or services
- trademark sample
- Power of attorney (certification not required, can be submitted within 6 months from the application date)
- priority certificate
Application publication
The application will be published.
Objection system
Within three months from the publication date of the application. *Period cannot be extended
Examination
Formal examination and substantive examination (starting in January 2022) will be conducted.
- ① Trademark without distinctiveness
- ②Trademarks that are identical or similar to other people's prior trademarks
- ③Trademarks that are likely to mislead the public or industry regarding the quality, etc. of products, etc.
- ④Trademarks that violate public order and morals or the law
Invalidation trial system
There is no invalidation trial system. However, interested parties may appeal to the court for invalidation.
Is there a non-use cancellation system?
If a registered trademark is not used within the territory of any member state for five consecutive years from the date of registration, it will be subject to non-use cancellation.
Duration of trademark rights
The term is 10 years from the filing date (can be renewed every 10 years).
reference
・Japan Patent Office Homepage Foreign Intellectual Property Rights System Information (https://www.jpo.go.jp/shiryou/s_sonota/fips/mokuji.htm)
・African Intellectual Property Organization (OAPI) homepage (http://www.oapi.int/index.php)
Patent attorney specialist Yoshiyuki Sumi