Intellectual Property Laws at Senegal
Senegal has established a comprehensive legal framework for intellectual property (IP) protection, aligning with international standards and regional cooperation. Here's an overview of the key IP laws and regulations in Senegal:
Intellectual Property Laws in Senegal
1. Copyright and Neighbouring Rights
Governing Law Law No. 2008-09 of January 25, 2008, on Copyright and Neighbouring Rights, which repealed the previous Copyright Law of 197.
Key Provisions:
Scope of Protection Covers a wide range of works, including literary, artistic, musical, audiovisual, and choreographic works, as well as computer programs and applied art.
Moral and Economic Rights Authors hold both moral and economic rights over their work.
Duration of Protection:
Literary and artistic works: Life of the author plus 50 years.
Films and collective works: 50 years from first publication.
Applied art and photographs: 25 years from publication.
Neighbouring Rights Protects performers, producers of phonograms, and broadcasting organization.
Exploitation of Folklore Traditional cultural expressions are protected, and their exploitation is subject to royalties and must be declared to an approved collective management society.
Enforcement Infringements can result in civil and criminal penalties, including fines and imprisonment.
2. Industrial Property
Regional Framework Senegal is a member of the African Intellectual Property Organization (OAPI), which provides a unified system for the protection of patents, trademarks, and industrial designs across its member state.
Patents:
Protection Duration 20 years from the filing dat.
Regional Filing A single application filed with OAPI grants protection in all member state.
Trademarks:
Protection Duration 10 years from the registration date, renewable indefinitely.
Regional Filing A single application filed with OAPI grants protection in all member state.
Industrial Designs:
Protection Duration 5 years from the registration date, renewable up to four times for a total of 25 year.
Regional Filing A single application filed with OAPI grants protection in all member state.
3. Enforcement and Oversight
National Commission for Coordination and Development of Intellectual Property:
Role Acts as a consultative body in the fields of literary and artistic creativity, industrial property, and innovation.
Responsibilities:
Promotes a genuine intellectual property culture.
Contributes to the development of IP policies and programs.
Observes and ensures respect for IP rights.
Issues recommendations on IP matters.
🌐 *International Treaties and Memberships
Senegal is a signatory to several key international treaties, enhancing its IP protection framework:
*Berne Convention: For the Protection of Literary and Artistic Wors.
*Rome Convention: For the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations.
*TRIPS Agreement: Trade-Related Aspects of Intellectual Property Rights.
**WIPO Copyright Treaty (WCT)*: Addresses the protection of authors in the digital environment.
**WIPO Performances and Phonograms Treaty (WPPT)*: Protects the rights of performers and producers in the digital environment.
*OAPI: Member of the African Intellectual Property Organization, providing a unified system for the protection of patents, trademarks, and industrial designs.
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