Industrial Designs Law in Mali
In Mali, industrial designs are protected under the framework established by the African Intellectual Property Organization (OAPI), which administers intellectual property rights across its member states, including Mali.
Legal Framework
Law No. 87-18/AN-RM (March 9, 1987): This law governs the protection of industrial property in Mali, encompassing patents, utility models, industrial designs, trademarks, and trade names. It aligns with the Bangui Agreement, the foundational treaty of OAPI, which facilitates a unified system for IP protection among its member states.
Decree No. 130/PG-RM (May 18, 1987): This decree implements Law No. 87-18/AN-RM, detailing procedural aspects such as filing applications and the roles of various authorities in the registration process. It specifies that applications for industrial designs are to be submitted to the registry of the first instance court of Bamako for applicants domiciled in Mali.
Registration and Duration
OAPI Registration: Industrial designs in Mali are registered through OAPI, allowing protection across all member states with a single application. The initial protection period for an industrial design is 5 years from the filing date, with the possibility of extending it for two additional 5-year terms, totaling a maximum of 15 years.
International Protection: Mali is a member of the Hague Agreement, facilitating international registration of industrial designs. This system enables designers to seek protection in multiple countries or regions through a single application filed with the World Intellectual Property Organization (WIPO).
Enforcement and Legal Recourse
While the OAPI system provides a unified registration process, enforcement of industrial design rights, including addressing infringements, is the responsibility of the national courts in Mali. Designers can seek legal recourse through the Malian judicial system to protect their rights.
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