Intellectual Property Laws at Burkina Faso
Intellectual Property (IP) laws in Burkina Faso are governed by both national legislation and regional treaties, particularly through its membership in OAPI (Organisation Africaine de la Propriété Intellectuelle / African Intellectual Property Organization). OAPI plays a central role in the registration and protection of IP across 17 African countries, including Burkina Faso.
Here’s a full overview of IP law in Burkina Faso:
IP LEGAL FRAMEWORK IN BURKINA FASO
🔸 Member of OAPI
Burkina Faso is a founding member of OAPI, which means IP rights are registered and enforced regionally through the OAPI system.
The core legal instrument is the Bangui Agreement, revised in 1999, which serves as the de facto IP law across OAPI countries.
🔐 1. Copyright and Related Rights
What it protects: Literary and artistic works like books, music, films, computer programs, paintings, etc.
Automatic protection: Copyright is granted automatically upon creation.
Duration: Life of the author + 70 years.
Related rights: Protection for performers, phonogram producers, and broadcasting organizations is included.
Management: Often supported by collective management organizations (CMOs) within Burkina Faso.
®️ 2. Trademarks
What it protects: Names, logos, slogans, colors, sounds that distinguish products or services.
Registration: All trademark registrations are filed through OAPI, not locally in Burkina Faso.
Duration: 10 years from registration, renewable indefinitely.
Exclusive rights: The registered owner has the exclusive right to use the mark and prevent unauthorized use.
🧠 3. Patents
What it protects: New inventions that are industrially applicable, novel, and involve an inventive step.
Registration: Must be filed with OAPI, which grants protection in all 17 member states.
Duration: 20 years from the filing date, subject to annual renewal fees.
Utility models: Also protected under the Bangui Agreement, offering shorter-term protection (10 years).
🏺 4. Industrial Designs
What it protects: Aesthetic aspects of an article, like shape, pattern, or color.
Registration: Through OAPI, valid across all member states.
Duration: 5 years, renewable up to 15 years.
🌾 5. Geographical Indications (GIs)
What it protects: Names or signs used on products that have a specific geographical origin and possess qualities or reputation due to that origin.
Registration: Through OAPI; regional protection across member countries.
Examples: Shea butter from Burkina Faso could qualify if it meets the requirements.
🧬 6. Plant Variety Protection
What it protects: New varieties of plants with distinctive, uniform, and stable characteristics.
Registration: Via OAPI under the Bangui Agreement framework.
🧑⚖️ 7. Trade Secrets
Protection: Covered under unfair competition laws, although there's no dedicated legislation for trade secrets.
Practical enforcement: Requires confidentiality agreements and internal company measures.
⚖️ IP Enforcement in Burkina Faso
Civil and Criminal Courts handle IP disputes.
Customs Enforcement: Infringing goods can be seized at borders.
Administrative Actions: Possible via national authorities in collaboration with OAPI.
🌍 International IP Treaties
Burkina Faso, via OAPI, is a party to several key international IP treaties, including:
Berne Convention (for copyright)
Paris Convention (for industrial property)
Patent Cooperation Treaty (PCT)
WIPO-administered treaties
TRIPS Agreement (as a WTO member)
📌 Key IP Body:
OAPI – Organisation Africaine de la Propriété Intellectuelle
Headquarters: Yaoundé, Cameroon
Responsible for registration and administration of all IP rights in Burkina Faso and other member states.
✅ Summary:
| IP Type | Protection Method | Duration | Registration Body |
|---|---|---|---|
| Copyright | Automatic | Life + 70 years | N/A |
| Trademark | Registration (via OAPI) | 10 years, renewable | OAPI |
| Patent | Registration (via OAPI) | 20 years | OAPI |
| Industrial Design | Registration (via OAPI) | Up to 15 years | OAPI |
| Geographical Indication | Registration (via OAPI) | Unlimited (with maintenance) | OAPI |
| Plant Variety | Registration (via OAPI) | 20–25 years | OAPI |
RELATED Blog
0 comments