Patents Laws in Mali

Here’s a summary of Patent Laws in Mali:

🔹 Legal Framework

Mali is a member of the African Intellectual Property Organization (OAPI) — the Organisation Africaine de la Propriété Intellectuelle.

Patent laws in Mali are governed primarily by the Bangui Agreement, which is the common IP law for all OAPI member states.

The Bangui Agreement (revised in 1999) covers patents, trademarks, industrial designs, and other intellectual property rights.

The OAPI office (based in Yaoundé, Cameroon) handles IP registrations and grants patents valid in all member states, including Mali.

🔹 Patent Protection under OAPI

Patent protection in Mali is granted through the OAPI system.

A single patent application filed with the OAPI office covers all member states, including Mali.

The patent is valid for 20 years from the filing date.

Mali does not have its own separate patent office; it relies fully on OAPI.

🔹 Patentability Criteria

To qualify for a patent under OAPI law:

The invention must be new.

It must involve an inventive step.

It must be industrially applicable.

Certain exceptions apply, such as:

Discoveries, scientific theories, and mathematical methods.

Plant and animal varieties and essentially biological processes.

Methods for treatment of the human or animal body.

Inventions contrary to public order or morality.

🔹 Application Process

Patent applications are submitted to the OAPI regional office.

Must include the description, claims, abstract, and any necessary drawings.

The application undergoes formal examination and substantive examination.

Publication and opposition procedures follow the Bangui Agreement rules.

🔹 International Treaties

Mali (through OAPI) is a party to:

Paris Convention for the Protection of Industrial Property.

Patent Cooperation Treaty (PCT) (applications can enter the national phase through OAPI).

TRIPS Agreement (WTO compliance).

🔹 Enforcement

Patent enforcement occurs under the OAPI system, with jurisdiction through member states’ courts.

Remedies include injunctions, damages, and penalties.

Customs authorities may assist in preventing import/export of infringing goods.

🔹 Renewal and Maintenance

Annual maintenance fees must be paid to maintain patent validity.

Failure to pay results in lapse of patent protection.

 

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