Geographical Indications Law in Equatorial Guinea
Equatorial Guinea's legal framework for Geographical Indications (GIs) is primarily governed through its membership in the African Intellectual Property Organization (OAPI), a regional body that administers intellectual property rights across 17 African countries, including Equatorial Guinea
Legal Framework for Geographical Indications
The cornerstone of GI protection within OAPI member states is the Bangui Agreement, particularly Annex VI, which provides a sui generis system for the registration and protection of GIs. This system prohibits the use of misleading terms such as "kind," "type," or "imitation" for products that are not registered GIs, ensuring that only genuine products from specific regions can bear the protected names
In December 2022, OAPI acceded to the Geneva Act of the Lisbon Agreement, which enhances international protection for GIs and appellations of origin. This accession, effective from March 15, 2023, allows OAPI member states, including Equatorial Guinea, to benefit from a broader international framework for GI protection
Enforcement and Administration
While OAPI handles the registration and overarching legal framework for GIs, enforcement within Equatorial Guinea is managed by national authorities. The Ministry of Industry and Energy oversees the administration of IP rights, including GIs. Infringements are addressed through the national judicial system, which has the authority to impose penalties such as fines and imprisonment for unauthorized use of registered GIs
Practical Considerations
Registration Process: Applications for GI registration are submitted to OAPI and, upon approval, provide protection across all member states.
Scope of Protection: The GI protection covers agricultural and food products, ensuring that only products originating from the designated geographical area can use the registered name.
International Treaties: Equatorial Guinea's participation in international agreements like the Paris Convention and the Berne Convention further reinforces its commitment to protecting intellectual property rights, including GIs.
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