Industrial Designs Law in Senegal
In Senegal, industrial design protection is governed by the Bangui Agreement, administered by the African Intellectual Property Organization (OAPI). This regional framework provides a unified system for the protection of industrial designs across its 17 member states, including Senegal.(Lloyds Bank Trade)
🛡️ What Is an Industrial Design?
An industrial design refers to the visual appearance of a product, encompassing its shape, configuration, pattern, ornamentation, or any combination thereof. To qualify for protection, the design must be new and have individual character, meaning it must create a different overall impression on an informed user compared to existing designs.
📝 Registration Process
Application Submission: Design applications must be filed with the OAPI office or through the national industrial property office in Senegal. The application should include representations of the design (drawings or photographs) and a description of the product to which the design is applied.(Wikipedia)
Examination: OAPI conducts a formal examination to ensure compliance with legal requirements. Notably, OAPI does not perform substantive examinations regarding novelty or individual character; these are assessed during potential invalidation proceedings.
Publication and Opposition: Upon successful examination, the design is published in the OAPI Journal. Third parties have a specified period to file oppositions against the registration.
Registration and Protection: If no oppositions are filed or are unsuccessful, the design is registered, granting the holder exclusive rights to exploit the design commercially within Senegal and other OAPI member states.
⏳ Duration and Renewal
Initial Term: 5 years from the filing date.(Wikipedia)
Renewals: The registration can be renewed for two additional 5-year periods, totaling a maximum protection term of 15 years.(svw.co.za)
Renewal fees must be paid within the prescribed timeframes to maintain protection.
🌐 International Protection
Senegal, as a member of OAPI, benefits from the Hague Agreement Concerning the International Registration of Industrial Designs. This allows designers to obtain protection in multiple countries by filing a single application with the World Intellectual Property Organization (WIPO), designating OAPI member states.(Wikipedia)
⚖️ Enforcement and Legal Remedies
The holder of a registered industrial design in Senegal has the exclusive right to prevent third parties from using the design without consent. In case of infringement, the holder can initiate legal actions, including:
Civil Proceedings: Seeking injunctions, damages, or account of profits.
Criminal Proceedings: In cases of willful infringement.(WIPO)
Invalidation Actions: Challenging the validity of a registered design before the OAPI office.(Wikipedia)
📌 Practical Considerations
Representation: Foreign applicants must appoint a registered patent attorney in Senegal to represent them before the OAPI office.
Language: All documents submitted must be in French or accompanied by a certified translation.
Fees: Applicants should be aware of the official fees for registration and renewal, as well as professional fees for legal representation.
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