Our firm handles Trademark and Patent applications via the African Regional Intellectual Property Organization ("ARIPO," or the "Organization"). Submitting an ARIPO application allows for a single filing, thereby securing effective protection in the relevant African ARIPO member states.
The ARIPO is an intergovernmental body that grants and manages Intellectual Property (IP) titles on behalf of its Member States. Furthermore, it provides its clientele with IP-related information, including search services, publications, and educational initiatives. Membership in the organization is open to all Member States of either the African Union (AU) or the United Nations Economic Commission for Africa (ECA).
Currently, the Organization includes the following members: Botswana, The Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Sierra Leone, Somalia, Sudan, Swaziland, Uganda, United Republic of Tanzania, Zambia, and Zimbabwe.
The ARIPO Secretariat is headquartered in Harare, Zimbabwe.
ARIPO TRADEMARKS
Based on the Banjul Protocol on Marks, a single filing can be utilized to register a Trademark in any or all of the protocol's member states. A single application is filed, with any number of member states designated within it.
The member states party to the Banjul Protocol are: Botswana, Zimbabwe, Lesotho, Liberia, Namibia, Uganda, Swaziland, Tanzania (Mainland), Malawi, Sao Tome and Principe, Mozambique, and The Gambia.
Since Namibia is a contracting state to the Banjul Protocol, our firm can file ARIPO Trademark applications on behalf of clients. Additionally, we operate as ARIPO agents for several international institutions.
The necessary requirements for an ARIPO Trademark application include:
Full details regarding the applicant, including the complete registered name, country of incorporation, physical address, and a description of the applicant.
A Power of Attorney (the ARIPO doesn't require any authentication of the signatures on a power of attorney).
The device trademark (must not exceed 9cm x 9 cm). (Our office appreciates if a copy of the device is provided in an electronic format.)
A listing of the goods and/or services that are applicable to the proposed ARIPO Trademark (with the understanding that a USD5.00 surcharge is applicable for all descriptions exceeding 50 words).
A list of ARIPO contracting states to be indicated on the ARIPO Trademark application.
If claiming convention priority under the Paris Convention, a certified copy of the priority document (along with a certified English translation thereof, if the priority document isn't in English) is required.
As per the Banjul Protocol, upon the registration of a Trademark by ARIPO, it's safeguarded within each designated state as if the mark had been filed and registered there. Many clients view this facet as an advantage to utilizing an ARIPO Trademark application.
An ARIPO Trademark remains valid for a decade from the application date and is eligible for renewal for subsequent ten-year intervals. The renewal of an ARIPO Trademark is handled through the ARIPO office.
ARIPO PATENTS
Per the Harare Protocol, both patent and industrial design applications can be submitted through a single filing process. By submitting a single application, an applicant can select contracting states and, consequently, obtain an industrial property right within multiple states. Member states in which protection is sought must be selected at the time of filing an ARIPO application. While patent protection can also be achieved by directly filing a patent application in individual member states, in many instances, filing an ARIPO application is preferable.
The member states to the Harare Protocol are: Botswana, Ghana, Gambia, Liberia, Lesotho, Kenya, Malawi, Mozambique, Liberia, Namibia, Sierra Leone, Sao Tome and Principe, Rwanda, Swaziland, Sudan, Uganda, Tanzania, Zimbabwe and Zambia.
Information:
Paris Convention: Yes
PCT: Yes (the national phase deadline is 31 months from the priority date)
The requirements for filing a patent at ARIPO are:
Convention application
Specification, claims, abstract, and drawings (mandatory on the filing date);
An English translation of the specification, claims, abstract, and drawings, if published in another language (can be filed within 2 months);
A copy of the Power of Attorney, simply signed (can be filed within 2 months);
A copy of the Assignment of Invention, simply signed (can be filed within 4 months);
A certified priority document with its English translation (can be filed within 3 months).
PCT national phase application (in addition to the above documents)
Published PCT specification, claims, abstract, and drawings (mandatory on the filing date);
An English translation of the specification, claims, abstract, and drawings, if published in another language (can be filed within 2 months);
A copy of the Power of Attorney, simply signed (can be filed within 2 months);
A copy of the Assignment of Invention, simply signed (can be filed within 4 months);
The International Search Report and International Preliminary Report on Patentability.
Novelty: Absolute novelty is a requirement.
Excess Fees: Excess fees are levied for specifications surpassing 30 pages and claims exceeding 10, and are payable when requesting search and examination, for applications filed from 2020 onwards (excess fees for applications filed before 2020 are paid during grant and publication fees);
Examination: Section 3(3) of the Protocol and Rule 18(1)(a) of the Regulations demand that an applicant request substantive examination and remit an examination fee within three (3) years from the filing date. This three-year period is computed from the international filing date when a PCT application designates ARIPO. For a Paris Convention application, the timeframe is calculated from the ARIPO filing date. The request for examination will be considered filed when the examination fee is paid. Should a request not be made within the prescribed timeframe, the application will lapse.
Term of Patent: Generally, 20 years from the effective filing date.
Renewals: Payable annually, in advance, starting from the first anniversary of the effective filing date. Renewal costs are contingent upon the quantity of designated member states.
Comments (0)
No comments yet. Be the first to comment!