Industrial Design Registration in Ivory Coast OAPI, Protection, Attorney, search Lawyer, Law firms, Office in Ivory Coast OAPI

Ivory Coast OAPI

COUNTRY : REPUBLIC OF CÔTE D'IVOIRE

CAPITAL : YAMOUSSOUKRO

LANGUAGE : FRENCH

The African Intellectual Property Organisation known commonly by it’s French Acronym (OAPI) was established through the Bangui Agreement at the Republic of Central Africa and is head quartered at Yaounde, Cameroon.

OAPI is a comity of 16 Former French Colonies which are also French speaking Countries.

Member Countries are Cameroon, Benin, Burkina Faso, Central African Republic, Congo, Ivory Coast, Gabon, Guinea, Guinea Bissau, Mali, Mauritania, Niger, Senegal, Chad, Togo, Equatorial Guinea.

Protection to Design is provided at a two tier level in Ivory Coast - OAPI:

OAPI DESIGN REGISTRATION

Kindly refer our guide under the OAPI Design Registration.

INTERNATIONAL DESIGN PROTECTION UNDER HAGUE SYSTEM

Kindly refer our guide under the Hague system.

Legal questions regarding infringement and IP matters requiring litigation are to be settled by domestic courts of each state.Courts of each member state competent to rule on IP, wherein definitive rulings on validity of IP rights in one member stae considered final in others as well, except rulings based on law and order or morality.

Certification by the OAPI automatically protects designs in all the 16 member countries.

APPLICANTS WHO MAY APPLY FOR INDUSTRIAL DESIGN PROTECTION

Following can file Design Applications:

a). Author / Creator of the Design or successor in title. On the contrary, first applicant shall be presumed to be creator of the design.

b). Employer of the creator, if Design made during course of employment; else, person commissioning the work.

c). Person contracting the author to make the design

d). Person to whom the author has assigned the design in writing.

Two or more persons owning interests in the design must apply jointly.

REQUISITES FOR FILING OF INDUSTRIAL DESIGN APPLICATIONS

• Copy of the drawings; (six views such as front, rear, left side, right side, top plan and bottom plan views. And additional drawings such as perspective and cross-sectional views also may be submitted) - photographs in jpg format

• The full name and address of each creator;

• The full name and address of each applicant;

• Domicile and Nationality of the applicant;

• The name of article to which the design is applied;

• The filing date, application number and country of the priority application; and

• The priority document ;

• Statement of Novelty in respect of the articles to which industrial design is applied to.

However, not required while registering wallpaper, lace or textile articles;

• Full payment of fees;

• Languages in which to file the applications are English & French. Rest of the languages have to be accompanied with certified translations;

Statement of Novelty: Novelty refers to originality, something new or unusual. In this context, if the examiner so deems necessary, may direct the applicant to endorse the application and the representations with a brief statement of novelty that the applicant claims over the designs so submitted for registration.

Kindly Note: absolute novelty is prerequisite for design to be registrable.

Prior Disclosure destroys novelty of the Design so extreme care has to be taken to maintain secrecy of the Design. However, disclosure during the priority period of 12 months will protect novelty.

Proviso: Disclosure or the industrial design as a resultant of:

- an obvious violation of the applicant's or the predecessors in title's design.

- display of the design by the applicant or predecessor in title at an official or officially recognised international exhibition.

TYPES OF INDUSTRIAL DESIGN APPLICATIONS

KINDS OF INDUSTRIAL DESIGNS REGISTRABLE

To come under the scope of registration, a Design should:

i. Be new and / or original,

ii. Not have been disclosed to the public anywhere by publication in tangible form or by use in any other way prior to the filing date or where applicable, the priority date of the application for registration to which a 12 months exception is provided,

iii. Be significantly distinguishable from known designs or combination of known designs,

iv. Not contain scandalous or obscene matter, or be contrary to public order or morality,

v. Not be a mere mechanical contrivance,

vi. Be applicable to an article, should appeal to the eye,

The following will be registrable as Designs:

Arrangement of lines / colours provided:-

- such arrangement gives a special appearance to the industrial product.

- such arrangement serves as a pattern for the manufacturing of such product.

- full novelty of the subject matter of designs to make it registrable.

Original here means, originating from the author of such a design and includes those cases which though old in themselves , are new in their application as well.

KINDS OF INDUSTRIAL DESIGNS NOT REGISTRABLE

• A drawing or a model contrary to public order or morality.

• A drawing or a model that relates to a computer program.

• A drawing or a model whose characteristics are solely dictated by technical function of the product to which it relates.

• A product that needs to be combined with another product, so that each can perform its function.

• Designs which have been disclosed to the public anywhere in the world by publication in a tangible form or by use or in any other way prior to the filing date. However, a 12 months exception is given to this rule.

• Designs which are not significantly distinguishable from known designs or combination of known designs or

• Comprises or contains scandalous or obscene matter.

• Designs contravening Islamic Law.

STEPS TO INDUSTRIAL DESIGN REGISTRATION

i. Finding out whether such a design has been registered previously.

ii. Preparing a representation of the design

iii. Identifying the class of design.

iv. Providing a statement of novelty.

v. Including a disclaimer that the design has not been in the public domain at any point in time.

vi. Claiming a priority date if the design Is registered in other countries.

vii. Determining the fee to be paid.

viii. Ensuring all enclosures are attached.

ix. Complying with objections if any.

x. Providing full details pertaining to contacts and addresses.

Several designs may be combined in one multiple application as long as the products belong to the same class. Upto 100 designs can be included in one filing provided they belong to the same set and range of articles and belong to the same classification per Locarno Agreement.

EXAMINATION PROCESS OF INDUSTRIAL DESIGNS

There are two routes of filing followed by the OAPI:

1. Direct filing at OAPI: is to be followed by all international applicants who are not domiciled in the OAPI member countries. An Agent from amongst the member countries has to be chosen for international filings through whom direct filing can be done.

2. Indirect filing at OAPI: is applicable and reserved only for those applicants domiciled in the territory of the member countries. Nationals of member countries can file the applications with the ministry for Industrial Property in their home countries and the applications shall be transmitted by the ministries to the OAPI office within 5 working days from the date of filing.

International deposit of an industrial design shall have the effect of a national filing in each member state.

Upon receipt of the design application, it is numbered and dated and is given a formalities examination. Any objections or amendments found post examination are notified to the applicant or his agent for rectification within 90 days extendable by 30 days upon request, failing which, the application is deemed rejected.

Upon completion of the formalities examination and all the compliances being met, the design is published.

The design is then Registered and a Certificate of Registration issued.

PUBLICATION AND REGISTRATION OF INDUSTRIAL DESIGNS

If the examiner finds that all formal and substantive requirements are fulfilled, the design is registered. Else, the examiner refuses registration of the design which can be appealed by the applicant.

The design is then published in the Patent Office Bulletin and Certificate of Registration issued. Post publication, 3rd parties may bring about an action for invalidation of the design.

TERM OF INDUSTRIAL DESIGN PROTECTION

BENEFITS OF INDUSTRIAL DESIGN REGISTRATION:

RIGHTS OF THE DESIGN OWNER:

• Designs confer on its holders or successors an exclusive right to work the Design.
• Owner may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell product resulting from Design registration.
• Owner may authorise the working of the Design either by a manufacturer or by an importer and also:
- assign, lease or licence the patent.
- entitled to take legal action against infringers.
- entitled to retain moral right over the invention as ‘the author of the invention’.
• Design can be pledged for which it has to be registered in the patent register to become effective.

Marking of products resulting from Design registration have to be marked so as to imply knowledge of registration by the infringer and without marking, penalties as prescribed can not be imposed.

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