Trademarks Law in Ivory Coast

Certainly! Here’s a detailed overview of trademark law in Ivory Coast (Côte d'Ivoire):

🇨🇮 Trademark Law in Ivory Coast

📜 Governing Legislation:

Ivory Coast is a member of the African Intellectual Property Organization (OAPI).

Trademark law in Ivory Coast is governed by the Bangui Agreement which provides a unified IP system across OAPI member states.

The OAPI system handles trademark registration and protection centrally.

🔖 What is a Trademark?

A trademark is any sign capable of distinguishing the goods or services of one enterprise from those of others.

This includes words, logos, shapes, colors, sounds, or combinations thereof.

📋 Trademark Registration:

Trademark registration is mandatory for protection.

Applications are filed with the OAPI Office in Yaoundé, Cameroon.

A single registration grants protection in all OAPI member states, including Ivory Coast.

📝 Requirements for Registration:

The mark must be distinctive and not generic or deceptive.

It must not conflict with earlier trademarks or well-known marks.

Must not violate public order or morality.

⏳ Duration of Protection:

Protection lasts 10 years from the filing date.

Renewable indefinitely for further 10-year terms upon payment of renewal fees.

🛡️ Rights Conferred:

Exclusive rights to use the trademark in Ivory Coast and all OAPI member states.

Right to prevent unauthorized use or registration.

Right to license or transfer the trademark.

⚖️ Enforcement and Remedies:

Infringement can be pursued in national courts within Ivory Coast.

Remedies include injunctions, damages, and seizure or destruction of infringing goods.

Criminal penalties may apply for counterfeiting.

🌍 International Treaties:

As an OAPI member, Ivory Coast benefits from:

Bangui Agreement

Paris Convention

TRIPS Agreement (via WTO membership)

Various WIPO treaties

📝 Summary Table:

AspectDetail
LawOAPI Bangui Agreement
OfficeOAPI (Yaoundé, Cameroon)
RegistrationMandatory, centralized through OAPI
Duration10 years, renewable
RightsExclusive use, licensing, enforcement
EnforcementCivil and criminal remedies
International TreatiesParis, TRIPS, Bangui Agreement

 

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