Intellectual Property Laws at Guinea-Bissau
Guinea-Bissau's intellectual property (IP) system is primarily governed by the African Intellectual Property Organization (OAPI), which provides a unified framework for its member states, including Guinea-Bissau. Here's an overview of the IP landscape in Guinea-Bissau:
๐๏ธ Legal Framework
Guinea-Bissau's IP laws are influenced by the Bangui Agreement, the foundational treaty of OAPI This agreement harmonizes IP laws across member states, ensuring that a single registration in one member country extends protection to all others Additionally, the Constitution of the Republic of Guinea-Bissau (1984) guarantees the protection of copyright and scientific inventions under Article 50, and preserves the people's cultural heritage under Article 1.
๐ Copyright Protection
In Guinea-Bissau, copyright protection is automatic upon the creation of an original wor. The scope of protection include:
Literary wors Artistic wors Musical compositios Dramatic and choreographic wors Audiovisual wors Photographic wors Architectural wors Computer progras Traditional cultural expressios Notably, the Bangui Agreement does not provide for the registration of copyright; protection is granted automatically upon creatin.
๐ก๏ธ Trademark Protection
Trademark protection in Guinea-Bissau is managed through OAI A single application filed with OAPI grants protection in all member states, including Guinea-Bissu. Key points include:
*Duration: 10 years from the filing date, renewable indefinitely.
*Types of Marks: Standard marks and certification mars.
*International Framework: OAPI is a member of the Paris Convention and the Madrid Protocol, facilitating international trademark protection.
๐ก Patent and Industrial Design Protection
Patents and industrial designs in Guinea-Bissau are also administered by OP. A single application with OAPI provides protection across all member states.
Patents:
*Types: Patent of Invention and National Phase PCT Applications.
*Duration: 20 years from the filing date, with annual renewal fees.
*Exclusions: Methods of medical diagnosis, treatment, or surgery are not patentable.
Industrial Designs:
*Protection: Initial term of 5 years, renewable up to 15 years.
*International Framework: OAPI is a member of the Hague Agreement, allowing for international design protection.
โ๏ธ Enforcement and Dispute Resolution
IP rights enforcement in Guinea-Bissau is facilitated through specialized tribunals, such as the Intellectual Property Court, which handles cases related to trademark disputes, copyright infringements, and patent conflict. This court operates within the broader judicial framework to protect the rights of IP holders.
๐ Contact Information
General Directorate of Industrial Property
Ministry of Energy, Industry and Natural Resources
Entrada de Paragem/Brรก, Rua: Abdoulaye FADIGA, P.O. Box 408, Bissau
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