Intellectual Property Laws at Central African Republic

The Central African Republic (CAR) is a member of the African Intellectual Property Organization (OAPI), which unifies intellectual property (IP) laws across its 17 member states. This system allows for a single application to protect IP rights in all member countries, including CAR. 

🧠 Key Intellectual Property Laws in CAR

1. Patents

Governing Law: The Bangui Agreement (revised in 2015

Patent Types:  Inventions and utility model   

Protection Duration: 20 years from the filing date   

Renewal:  Annual fees are required from the first anniversary of the filing date   

Application Process: Applications must be filed through OAPI; national filings in CAR are not permitted

2. Trademarks

Governing Law: The Bangui Agreement (revised in 2015  

Trademark Types: Standard marks, certification marks, and sound mark   

Protection Duration: 10 years from the filing date, renewable indefinitely   

Application Process: Single application through OAPI covers all member state   

Recent Updates: The revised Bangui Agreement allows for the division of trademark applications by goods or services and recognizes common law rights during the opposition period

3. Industrial Designs

Governing Law: The Bangui Agreement (revised in 2015  

Protection Duration: Initial term of 5 years from the filing date, with two possible 5-year extensions, totalling 15 year   

Application Process: Applications must be filed through OAP  

Recent Updates: Applications are published for a three-month opposition period before registration

4. Copyright

Governing Law: Ordinance No. 85.002 of January 5, 198  

Protection:  Automatic upon creation   

Duration:  Life of the author plus 50 year   

Implementing Regulations:  Decree No. 85.006 of January 5, 1985, establishing the Central African Office of Copyright

5. Geographical Indications

Governing Law: The Bangui Agreement (revised in 2015  

Protection:  Registered appellations of origin are protected   

Enforcement:  Unlawful use can lead to injunctions, destruction of infringing goods, and penalties including fines and imprisonment

🏛️ Administrative Authority

OAPI Headquarters   Yaoundé, Cameron   

Role   OAPI is responsible for the registration and protection of IP rights in member states, including CR   

🌍 International Treaties

  As a member of OAPI, CAR is party to several international treaties:  

*Paris Convention:   For the protection of industrial property   

**Patent Cooperation Treaty (PCT)*:   Facilitates international patent applications   

*Madrid Protocol:   For the international registration of trademarks   

*Hague Agreement:   For the international registration of industrial designs   

*Berne Convention:   For the protection of literary and artistic woks   

 

 

LEAVE A COMMENT

0 comments