Industrial Designs Law in Central African Republic
Industrial Designs Law in the Central African Republic
1. Legal Framework
Industrial design protection in the Central African Republic (CAR) is governed by the Bangui Agreement, a regional treaty established in 1977 and revised in 1999. This agreement created the Organisation Africaine de la Propriété Intellectuelle (OAPI), which administers industrial design rights across its 17 member states, including CAR. The revised Bangui Agreement, effective from 28 February 2002, serves as the national law for industrial designs in CAR.
2. What Can Be Protected?
An industrial design in CAR is eligible for protection if it is:
New: The design must not have been disclosed anywhere in the world by publication, use, or any other means before the filing date or priority date of the application.
Not Contrary to Public Policy or Morality: Designs whose exploitation would be contrary to public policy or morality are not eligible for protection.
The protection covers the aesthetic aspects of a product, including its shape, configuration, pattern, or ornamentation.
3. Registration Process
Filing Authority: OAPI (Organisation Africaine de la Propriété Intellectuelle)
Process:
Application Submission: Submit a declaration of deposit to the clerk of the civil court of the applicant's domicile. This includes:
A declaration of deposit.
An unstamped power of attorney, if the applicant is represented by an agent.
Two identical copies of a representation or specimen of the design.
Examination: OAPI conducts a formal examination to ensure compliance with the requirements.
Publication: Upon successful examination, the design is published, and a registration certificate is issued.
4. Duration of Protection
Initial Term: 5 years from the filing date
Renewal: The protection can be renewed in 5-year increments up to a maximum of 15 years.
5. Rights Conferred
The registered owner of an industrial design has the exclusive right to exploit the design and to sell or cause to be sold for industrial or commercial purposes the goods in which the design is incorporated. These rights are subject to the conditions of the Bangui Agreement and do not prejudice other legal provisions.
6. Infringement and Enforcement
Infringement of industrial design rights in CAR is subject to legal action in the courts. The Bangui Agreement provides for the possibility of compulsory licenses if the design is not being exploited. Additionally, the registered design shall not produce effects in respect of third parties who, at the time of filing, were already exploiting the design or had taken necessary steps to exploit it.
7. International Protection
CAR, through OAPI, is a member of the Hague Agreement Concerning the International Deposit of Industrial Designs. This allows for the protection of industrial designs in CAR through international registration under the Hague System, facilitating protection in multiple countries with minimal formalities.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Bangui Agreement (Revised 1999) |
| Registration Authority | OAPI (Organisation Africaine de la Propriété Intellectuelle) |
| Protection Duration | Initial 5 years, renewable up to 15 years |
| Unregistered Design Protection | Not available; protection through registered designs only |
| International Treaties | Member of the Hague Agreement for international design registration |
| Enforcement Jurisdiction | Central African Republic courts |
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