Industrial Designs Law in Madagascar
In Madagascar, industrial designs are protected under the legal framework established by Ordinance No. 89-019 of July 31, 1989, which governs industrial property rights. The Malagasy Office of Industrial Property (OMAPI) is the authority responsible for the registration and protection of industrial designs in the country
Protection Duration
Industrial designs in Madagascar are initially protected for 5 years from the date of registration. This protection can be extended for two additional terms of 5 years each, allowing for a maximum total protection period of 15 years, provided that the necessary renewal fees are paid
Registration Process
To register an industrial design in Madagascar, the following requirements must be met:
Application Form: Completed in five copies on A4 paper, as per the prescribed model.
Applicant Details: Name, address, and nationality of the applicant, and if applicable, the representative.
Design Representation: Five copies of the design, presented as drawings or photographs, in black and white or color.
Description: A brief description of the design, if necessary.
Priority Claim: If claiming priority, a declaration and supporting documents must be provided.
Fees: Proof of payment of the applicable fees.
The application is filed with OMAPI, which does not conduct an examination for novelty or individual character. Once registered, the design owner has exclusive rights to use the design and can take legal action against unauthorized use .
International Protection
Madagascar is a member of the Paris Convention for the Protection of Industrial Property, allowing for the possibility of claiming priority based on earlier filings in other member countries. Additionally, Madagascar is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI), which provides a regional system for the protection of industrial designs among its member states
For international protection, designers can utilize the Hague System for the International Registration of Industrial Designs, administered by the World Intellectual Property Organization (WIPO). This system allows for the registration of designs in multiple countries through a single application
Enforcement and Legal Recourse
The exclusive rights granted to the owner of a registered industrial design in Madagascar include the right to prevent unauthorized use, such as reproduction, sale, or distribution of the design. Infringements can lead to legal actions, including civil and criminal penalties, to protect the rights of the design owner .
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