Intellectual Property Laws at Sierra Leone
Sierra Leone's intellectual property (IP) legal framework has evolved to align with international standards, though enforcement remains a challenge due to resource limitations. Here's an overview of the current IP laws and administrative bodies:
📜 Key Intellectual Property Laws
1. Copyright Act, 2011 (Act No. 8 of 2011)
Protection Scope: Covers literary, artistic, and musical works, including folklore and traditional cultural expressions
Duration: Life of the author plus 50 years
Folklore Protection: Expressions of folklore are protected in perpetuity, with rights vested in the President on behalf of the people of Sierra Leone
Exceptions: Allows for fair use in education, private use, and incidental use, provided the source is acknowledged
2. Patents and Industrial Designs Act, 2012 (Act No. 10 of 2012)
Protection Scope: Covers patents for inventions and industrial designs
Enforcement: The Act includes provisions for the exploitation of patents by the government or designated third parties
Note: Sierra Leone has not implemented the Harare Protocol, which regulates patent and design filings in ARIPO, leading to uncertainties regarding the enforceability of ARIPO-granted patents and designs
3. Trade Marks Act, 2014 (Act No. 8 of 2014)
Modernization: Replaces the outdated 1960 Act, introducing significant changes - Adoption of the Nice Classification of Goods and Services - Recognition of service marks - Provision for collective marks and well-known marks - Inclusion of licensing provisions - Establishment of an IP Tribunal with authority over appeals, infringements, and criminal offenses - Provision for unfair competition and false trade descriptions
🏢 Administrative Bodies
Sierra Leone Intellectual Property Organisation (SLIPO)
Role Oversees copyright matter.
Contact Ministry of Culture and Tourism, Cultural Division.
Address Government Wharf, Freetown.
Director Mrs. Lilian Zalucatu Sisa.
Administrator and Registrar-General’s Department
Role Handles industrial property matters, including patents and trademark.
Contact Roxy Building, Walpole Street, Freetown.
Registrar General Mariam Seray Kalla.
🌐 International Engagement
**World Intellectual Property Organization (WIPO)*: Member since 196.
**World Trade Organization (WTO)*: Member since 1995, bound by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIP).
**African Regional Intellectual Property Organization (ARIPO)*: Member since 199.
**Patent Cooperation Treaty (PCT)*: Member since 197.
*Madrid System: Member since 199.
⚠️ Enforcement Challenge
Despite the establishment of modern IP laws, enforcement remains limited due to:- Weak customs screening for counterfeit goods.- Lack of regular publication of statistics on counterfeit seizures.- Limited capacity and resources within enforcement agencies.
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