Background
African Regional Industrial Property Organization (ARIPO) is a creation
of the joint efforts of the United Nations Economic Commission for Africa
(UNECA), and the world Intellectual Property Organization (WIPO). The said
efforts were incarnated in the Lusaka Agreement which was adopted by a diplomatic
conference held at Lusaka, Zambia on December, 1976. Nonetheless, the Lusaka
Agreement came into force on February 15, 1978. The Lusaka Agreement was
later amended to encompass all African state members of the Organization
of African Unity (OAU) and members of the (UNECA). This is the reason why
it is given the name (ARIPO). However, the ultimate goal did not materialize,
for French- speaking African countries structured a similar arrangement
under the name African Intellectual Property Organization (OAPI). OAPI is
the French acronym. Right now, ARIPO only covers fifteen countries of English-speaking
Africa (Anglophone Africa) or strictly speaking former British colonies.
ARIPO Office administers intellectual property matters as provided for in
the Harare Protocol and the Banjul Protocol. The former deals with patents
and industrial designs while the second deals with trademarks. The function
of hearing appeals is assigned by the Administrative Council to the Board
of Appeal which is composed of five persons well conversant in the area
of intellectual property matters. The headquarters of ARIPO is Harare, Zimbabwe.
At present, ARIPO is composed of the following fifteen member states namely,
Botswana, Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Sudan,
Swaziland, Tanzania, Uganda, Zambia and Zimbabwe.
ARIPO is a member of the Paris Convention for the Protection of Industrial
Property and the Patent Cooperation Treaty (PCT).
Choice
of office
The ARIPO regional system provides choice as to the route of filing applications
namely, the member state route and the ARIPO Office route. An applicant
may file a single application either at one of the contracting state office
or directly to ARIPO Office. An applicant whichever route he chooses has
the right to designate in his application any or all members of the ARIPO
states where he wishes his intellectual property right to be protected.
One language is used which is English. Once a patent has been granted or
an industrial design has been registered, any other subsequent action shall
be carried out on the basis of centralized processing. However, it is mandatory
for foreign applicants to seek representation; in the event, the foreign
applicant's ordinary residence or place of business is outside the contracting
state in which filing is required.
Operating
procedure
Applications for grant of a patent or registration of an industrial design
involve two stages or parts. Part one is concerned with processing by the
Receiving Office of the contracting state. This includes numbering of the
application, acknowledgment of receipt, scrutinizing formal requirements
as regards the mandatory filing requirements. In the event, of a shortage
relating to formal filing requirements, the applicant or his attorney will
be requested to correct deficiencies within two months from the date of
such notice. The contracting office shall after checking any deficiency
in the mandatory formal filing requirements transmit the application in
three copies to ARIPO Office within 14 days from the date a complete application
is received, or within 7 days of filing an undertaking to pay the prescribed
fees. The Receiving Office of the contracting state will notify the applicant
or his attorney of the transmittal date. ARIPO Office will conduct the second
part of the processing system, which also includes numbering, notification
of filing date, undertaking an examination as to form to ensure that mandatory
formal filing requirements have been satisfied. In respect of non-PCT patent
applications, an examination Authority shall conduct search as regards prior
art, determination of novelty and industrial applicability. The ARIPO Office
will compile a search and examination report. If the applicant is required
to compile amendments or answer observations, the applicant will be requested
to consummate the same within six months from the date of request. A copy
of the search and examination report will be forwarded to the applicant.
ARIPO Patent Registration Formal Filing Requirements for non-PCT applications are as follows:
Applicant's name and address. If the applicant is not the inventor
the name of the inventor and his address should be indicated (required
on the date of filing.)
Assignment of the invention. {Can be later filed, not set deadline.}
Title of the invention which must be short and concise as to indicate
subject matter of the invention. {Required on the day of filing.)
Six copies of the specification, claims, and an abstract in English.
{Required on the day of filing.}
Six sets of the formal drawings (if any) {required on the day of
filing.}
International patent classification. {Required on the day of filing.}
Priority document with verified English translation. {Within the
three months from the date of filing.)
Designation of the contracting states in whose territory protection
for the invention is required. (Required on the day of filing.)
Power of attorney simply signed. {Must be lodged on filing or within
two months from the filing date of the application.}
Formal Filing Requirements for PCT applications
are as follows:
Power of attorney simply signed. {Must be lodged on filing day or
within two months from the filing date of the application.}
Specification, claims, and abstract in English. {Required on the
day of filing.}
Formal drawings if any. {Required on the day of filing.)
International patent classification. (Required on the day of filing.)
Assignment of the invention. (Can be later filed, no set deadline.)
Copy of PCT international advertisement. (Required on the day of
filing.)
Copy of the International Search Report. (Can be later filed, not
set deadline.)
Copy of the International Preliminary Report. (Can be later filed,
no set deadline.}
Notification of compliance
The applicant and designated states will be notified of conformity with
formal requirements. The applicant or his attorney and the office of the
designated state will be notified of a decision to grant a patent. Notification
will be accompanied by a copy of the search and examination report and specification.
Within six months from the date of notification to grant a patent, a designated
state may refuse to protect the patent in its territory on legal grounds.
Upon expiration of six months a patent will be registered on behalf of those
states that have not declined protection of the patent.
Registration
and publication
ARIPO Office shall within six months from the date of notification register
and publish the patent in support of the designated states which did not
decline to protect the patent. The patent will be recorded into the Patent
Register. Such registration will be published in ARIPO journal. A certificate
of registration will be issued and copies of the certificate together with
copies of the patent specification will be transmitted to the designated
states, where they will be registered in the national registers, and published
in the national journals or gazettes.
Annual maintenance
Maintenance fees shall be paid on the eve of the anniversary of filing application
to ARIPO Office. Designated states will be notified of the extension of
the validity of patents on the prescribed form, subject to payment of renewal
fees.
Assignment and other rights.
Documents required are as follows: (a) Power of attorney
simply signed. (b) Deed if assignment.
License
agreements.
Documents required are as follows: (a) Power of attorney. (b) A duly authenticated license agreement.
Title to the design. It must be short and precise indicating the subject
matter of the design. {Required to be filed on the day of filing.)
The applicant's name and address.
A deed of assignment, in the event the applicant is not the creator.
[ Can be late filed, no set deadline.}
Six sets of formal drawings. [Required at the date of filing.)
Nature of the design, including an indication whether it is a two
dimensional or a three dimensional design. The graphic reproductions
should accompany the application. A three dimensional design will require
all different graphic reproductions, however one reproduction is required
for a two dimensional design. (Can be later filed not set deadline.}
Priority declaration, indicating the filing date, the office and
number of the earlier application (s). A copy of the earlier application
should be furnished within three months from the date of filing.
Designation of states. The applicant must state the contracting states
in whose territory protection is thought. {Required at the date of filing.}
Power of attorney simply signed. This must be lodged within two months
of the filing date.
Notification of Compliance.
The applicant and designated states will be notified of compliance with
formal requirements. Upon expiration of six months an industrial design
will be registered on behalf of those states that have not declined protection
of the design.
Registration and publication
ARIPO Office shall within six months from the date of notification register
and publish the design on behalf of the designated states which did not
decline to protect the design. The design will be registered in the Design
Register. Such registration will be published in ARIPO journal. A certificate
of registration will be issued and copies of the certificate together
with copies of the reproduction of the design will be transmitted to the
designated states. Designated states will be required to register the
design in national registers and publish the registered design in national
journals or gazettes.
Annual maintenance
Extension of validity of the registration shall be made on the eve of
each anniversary of filing of the application subject to payment of the
maintenance fee to ARIPO.
Assignment and other rights.
Documents required are as follows: (a) Power of attorney simply signed. (b) Deed if assignment.
License agreements.
Documents required are as follows: (a) Power of attorney. (b) A duly authenticated license agreement.
ARIPO Trademark Registration
States currently party to the Banjul Protocol are Botswana, Lesotho, Malawi,
Namibia, Swaziland, Tanzania, Uganda and Zimbabwe. Total 8 states.
Formal filing requirements are as follows:
Name and address of the applicant including nationality, his domicile
and the address of place of business. Required at the date of filing.)
If the applicant is a legal entity, a duly certified certificate
of incorporation or an extract from the commercial register is required.
Representation of mark. 15 prints of the mark not exceeding 9cm x
9cm. where color is claimed as a distinctive feature, the applicant
shall append to his application copies in color of the said mark.
Priority document, if priority is to be claimed. Required to be submitted
within a period of two months from the date of the earlier application
certified as correct by the appropriate authority.
A complete list of the goods or services in respect of which registration
of the mark is requested. (Required at the date of filing.)
Classification of goods and services shall be the Nice Agreement
concerning International Classification of goods and services.
Designated states.
Power of attorney simply signed. (Can be lodged within two months from
the date of application.)
Classification.
The international classification of goods and services is applied. One
application can cover more than one class.
Duration
A trademark registration shall be valid for ten years as of the date of
registration and may be renewed for similar consecutive periods.
Renewal application (a) Simply signed power of attorney. (b) Prints of the trademark as originally registered.
Change of name and address. (a) A power of attorney simply signed. (b) A duly certified copy of the change of name and/or
address issued by a competent authority.
Assignments and business licensing agreements. (a) A power of attorney simply signed. (b) A duly authenticated assignment and licensing document.
Note: As regards designated states having domestic laws
which are devoid of provisions dealing with such registration, ARIPO Office
shall register the required assignments and licenses. On the other hand,
where the domestic laws of a designated state provide for such registration,
the office of the designated state shall upon completion of the required
registration, provide ARIPO Office with the particulars.
