Patents Laws in Central African Republic
In the Central African Republic (CAR), patent law is governed by the Bangui Agreement, administered by the Organisation Africaine de la Propriété Intellectuelle (OAPI). This regional system provides uniform protection for patents, utility models, trademarks, and other intellectual property rights across its 17 member states, including the CAR.
📜 Legal Framework
The CAR's patent law is primarily based on the Bangui Agreement, which was established in 1977 and has undergone several revisions, with the most recent amendments entering into force on January 1, 2025. These amendments introduced substantive examination for patent and utility model applications, a significant shift from the previous system. Additionally, the revised agreement aligns with the Trade-Related Aspects of Intellectual Property Rights (TRIPS), offering enhanced protection for pharmaceutical products until January 1, 2033, for least developed countries like the CAR.
🔑 Key Features of Patent Protection in the CAR
Regional Coverage: A single patent application filed with OAPI grants protection in all member states, including the CAR.
Patentability Criteria: Inventions must be novel, involve an inventive step, and be industrially applicable.
Patent Term: Patents are granted for a term of 20 years, subject to the payment of annual maintenance fees.
Substantive Examination: As of January 1, 2025, OAPI conducts substantive examinations for patent applications, utilizing reports from the Patent Cooperation Treaty (PCT) international phase when applicable.
Pharmaceutical Products: The CAR, as a least developed country, is entitled to an extended exclusion from patent protection for pharmaceutical products until January 1, 2033.
📝 Application Process
Filing: Submit a patent application to OAPI, either directly or through a national liaison office in the CAR.
Examination: OAPI conducts a substantive examination to assess the patentability of the invention.
Grant: If the application meets all requirements, OAPI grants a patent, providing protection in all member states.(
Maintenance: Pay annual maintenance fees to keep the patent in force.
🌍 International Treaties
The CAR, through OAPI, is a member of several international treaties, including:
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty (PCT)
Berne Convention for the Protection of Literary and Artistic Works
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
These memberships facilitate the international protection and enforcement of patents.
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