Geographical Indications Law in Congo
The Republic of the Congo (also known as Congo-Brazzaville) has a legal framework for the protection of Geographical Indications (GIs) under the Bangui Agreement, administered by the Organisation Africaine de la Propriété Intellectuelle (OAPI). This agreement provides a unified system for the protection of industrial property, including GIs, across its 17 member states.
🇨🇬 Legal Framework for GIs in the Republic of the Congo
1. Bangui Agreement (Revised 2015)
The Bangui Agreement, established in 1977 and revised in 2015, serves as the primary legal instrument for the protection of GIs in the Republic of the Congo. Specifically, Annex VI of the agreement outlines the provisions for the protection of GIs, which include:
Definition of GIs: The agreement distinguishes between two types of GIs:
Appellations of Origin: Indications that identify a product as originating from a specific place where a given quality, reputation, or other characteristic of the product is essentially attributable to its geographical origin.
Indications of Source: Signs used to indicate that a product comes from a specific geographical area.
Registration Process: The process involves filing an application with OAPI or the national authority responsible for industrial property. The application must include specifications approved by all actors involved in the GI application process. A national committee in charge of GIs in the member state must approve these specifications. The application is then published prior to examination on the merits. A presentation note supporting the GI project, including a business model approach, is also required.
Protection Measures: The agreement provides measures to defend protected GIs, including raising the penalties applicable to counterfeiting.
Cross-Border GIs: Recognition of GIs that span across member states, allowing for broader protection and recognition.
2. International Recognition
The Republic of the Congo is a party to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which entered into force in 2020. This act facilitates the international registration of GIs, providing additional protection and recognition beyond the OAPI framework.
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