COUNTRY : REPUBLIC OF BENIN
CAPITAL : PORTO NOVO
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.
- CAMEROON, BENIN, BURKINA FASO, CENTRAL AFRICAN REPUBLIC, CONGO, IVORY COAST, GABON, GUINEA BISSAU, MALI, MAURITANIA, NIGER, SENAGAL, CHAD, TOGO, EQUATORIAL GUINEA.
All the above countries are signatory to the Bangui Agreement which originated at Bangui by the revision of the Accords of Liberville.
Legal questions regarding infringement and IP matters requiring litigation are to be adjudicated by domestic courts of such state where conflict arises.
Member nations recognise the provisions entrenched in the Bangui Agreement and its annexes as their national law. Hence, OAPI allows applicants to receive patent protection in all of the 16 jurisdictions with a single application and registration.
Therefore, Registration in individual member nations, is no longer possible, as they have had to surrender their National Intellectual Property Law post adoption of Bangui Agreement.
International Treaties to which OAPI is a signatory:
• Paris Convention for the protection of Industrial Property
• Patent Co-operation Treaty – PCT.
• Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
• Budapest Convention
Patent Legislation in Benin is governed by the Bangui Agreement, the highlights of which are as under:
- Uniform Legislation adopted by all the OAPI countries so as to form a uniform system of IPR protection, with a common administrative procedure.
- A Common Authority created to serve as a National IPR protection office for each of the member states.
- All the member states follow centralised procedures that creates a singe title recognised in individual member countries as through accorded by them as their National IPR title.
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
• Are New or Novel
• Involve an inventive step
• Comprise of a process or an Industrial application of the invention.
Inventions pertaining to the following:
(i). A formal request for the grant of a patent of invention .
(ii). The name and address or head office of the applicant or his representative .
(iii). Short adequate Title of the Invention to be patented.
(iv). Summary of the invention and Priority data if any.
(v). Description of the invention along with drawings if any.
(vi). Claims along with Abstract
(vii). Drawings necessary to understand the invention.