Intellectual Property Laws at Togo
Togo has established a structured framework for intellectual property (IP) protection, primarily through its membership in the African Intellectual Property Organization (OAPI). Here's an overview of the key aspects of IP law in Togo:
🏛️ Governing Body
**Institute National de la Propriété Industrielle et de la Technologie (INPIT)* INPIT is the national authority responsible for industrial property matters in Togo Established by Law No. 2001-015 of November 29, 2001, INPIT serves as the liaison between Togo and OAPI, facilitating the protection of patents, trademarks, industrial designs, and utility models
📜 Key IP Legislation
1. The Bangui Agreement (Revised in 1999)
Togo is a signatory to the Bangui Agreement, which governs the OAPI system. The revised agreement, effective from January 1, 2022, introduced several updates:
Expanded Trademark Protection Includes sound marks and certification mark.
Application Flexibility Allows for the inclusion of multiple classes in a single trademark application and the division of applications before registration.
Customs Enforcement Empowers customs authorities to detain suspected counterfeit goods upon the trademark owner's request
Recognition of Common Law Rights Third parties can now file claims based on prior use during the opposition period.
Protection of Geographical Indications Extends protection to agricultural and artisanal product.
Industrial Designs Introduces a three-month opposition period before registration.
2. National Legislation
Law No. 2001-015 Establishes INPIT and outlines its responsibilities, including receiving and forwarding patent applications to OAPI, centralizing requests for protection of industrial designs and trademarks, and raising awareness about industrial property
🌍 International Treaties
Togo has ratified several international treaties to enhance its IP protection framework:
*World Intellectual Property Organization (WIPO) Treaties: Including the WIPO Copyright Treaty (WCT) and the Performances and Phonograms Treaty (WPPT), which protect the rights of authors, performers, and producers
**Rome Convention (1961)*: Protects the rights of performers, producers of phonograms, and broadcasting organizations.
**Geneva Phonograms Convention (1971)*: Protects producers of phonograms against unauthorized duplication.
🏢 IP Documentation Centr
In December 2020, Togo inaugurated an Intellectual Property Documentation Centre (CDPI) in Lm. Financed by OAPI, the centre provides resources related to IP protection for researchers, business owners, and students, aiming to foster economic development through innovation and creativity
🛡️ Enforcement and Remedies
Enforcement of IP rights in Togo involves:
Civil Action: Injunctions and damages for IP infringement.
Criminal Sanction: Penalties for counterfeiting and piracy.
Customs Measure: Detention of counterfeit goods at borders upon request
For detailed procedures and assistance, INPIT serves as the primary contact point for IP matters in Togo.
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