IVORY COAST – OAPI

COUNTRY : REPUBLIC OF CÔTE D’IVOIRE

CAPITAL : YAMOUSSOUKRO & ABIDJAN

LANGUAGE : FRENCH

 

Filing of Plant Variety Application in Ivory Coast – OAPI 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 came to be constituted through the Bangui Agreement and is a comity of 16 Former French Colonies which are also French speaking Countries – Cameroon, Benin, Burkina Faso, Central African Republic, Congo, Ivory Coast, Gabon, Guinea, Guinea Bissau, Mali, Mauritania, Niger, Senegal, Chad, Togo, Equatorial Guinea.

The Bangui Agreement deals with the following inttelictual Property matters relating to member countries: Patents, Utility Models, Trademarks, Industrial Designs, Trade Names, Geographical Indications, Copyrights, Unfair Competition, Integrated Circuit Layouts and Plant Variety Rights

Member Nations of the OAPI have retained significant portions of the legal systems of the countries that colonised them, however, legal questions regarding infringement and IP matters requiring litigation are to be settled by domestic courts of each state.

Member nations recognise the provisions entrenched in the Bangui Agreement and its annexes as their national law. Hence, OAPI allows applicants to receive Trademarks protection in all of the 16 jurisdictions with a single application and registration. Therefore, Registration in individual member nations, is no longer possible.

THE JUDICIAL PROCEEDINGS IN OAPI: Following are the judicial proceedings that take place at OAPI:

  • The action for revocation
  • The strike action
  • The action for unfair competition

  • INTERNATIONAL TREATIES TO WHICH IVORY COAST – OAPI IS SIGNATORY
  • PLANT BREEDERS RIGHTS LEGISLATION

    • Plant Breeders Rights in OAPI are protected by: Plant Varieties Protection Act

  • PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS

    • Protection accorded by PBR to plant varieties:

      1. New Plant Varieties
      2. Essentially Derived Varieties

      Denominations protected as per Plant Breeders Rights:

      • Denomination constituting the generic designation of the plant variety.
      • Denomination  comprising of words, combination of words, figures, combination of letters and figures, with or without meaning, serving as signs helping to identify the plant variety.
      • Denominations used for the applied variety in member states or proposed for registration may only be used. Synonyms of the proposed plant variety are also to be provided for recordals.
  • PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS>

    • The Act does not protect denominations given to such variety, if the proposed denomination:

      1. Does not conform to the rules set out by law.
      2. Contravenes prior and existing rights of third parties.
      3. Is not suitable for the identification of the variety for lack of distinctiveness and linguistic suitability.
      4. Is contrary to public policy and morality
      5. Comprises exclusively of signs or indications denoting species, quality, quantity, intended purposes, value, geographical origin, time of production. vi. Is liable to mislead, confuse the characteristics of the variety and identity of the breeders or applicants.
      6. Is identical or confusingly similar to an already existing denomination in any of the member countries.

      ParityPatents Law Firms through its Attorney and Law Firms in Ivory Coast is at hand to help you with PBR protection and registration.

  • WHO MAY APPLY FOR PLANT BREEDERS RIGHTS
      • Breeders & Discoverers of the new variety
      • Employers
      • Heirs and Successors – in – title
  • FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT IVORY COAST – OAPI

    • Application made for protection under the Act to contain the following requisites:

      1. Name and details of the applicant, breeder and representative if applicable
      2. Latin name and Common name of the variety
      3. Voucher for having paid fees
      4. All of the above documents to be in one of the working languages of the OAPI
      5. Priority details if any and as applicable
      6. Proposed denomination of the plant variety to be filed together with the application for plant variety protection
  • EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS
      • Upon receipt of the application, a formalities examination is carried out to ensure compliance to form and content of the application. Any missing requisites are notified to the applicant for rectification.
      • Corrections, rectifications, amendments not carried out within stipulated time will deem the application as not being filed.
      • The application is then published and interested third parties may file objections to the grant of protection.
      • The application is once again examined for form and substance
      • Technical examination of the variety is conducted to establish conformity with prescribed rules.
      • All relevant procedures regarding examination of the variety as prescribed by the Authorities are carried out.
      • If there are no objections, or objections overcome successfully, application is registered and Plant Breeders Rights issued to the applicant / breeder.
  • BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS

    • The Act protects New Plant Varieties which are:

      • Novel
      • Distinct
      • Uniform
      • Stable
      • Designated by proper denominations
  • RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT

    • Duration of Registration: Plant Variety Certificate issued for 25 yrs. from the date of registration, after which it expires.

      Owners of the registered plant variety may have the following rights:

      • The exclusive right to exploit the protected variety.
      • Prohibiting any person from exploiting the plant variety without prior authorisation from the owner but with certain exceptions.
      • Assign, Transfer, License the plant variety. – Institute legal proceedings against people infringing the plant variety as well as the denomination.

      Engage in the following activities regarding the propagating material of the plant variety:

      • Production of propagating material of the protected variety
      • Processing for the purposes of propagation
      • Sale, Offer an Exposure for sale of the protected plant variety
      • Market, Import and Export the variety
      • Stocking the variety for any or all of the above mention purposes
  • COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT

    • Compulsory licenses may be issued post three years from the date of grant of the plant variety certificate under the following circumstances:

      • The owner of the plant variety or his licensee engaging in anti-competitive practices.
      • Public health and larger Public interest being at stake.
      • Undertaking for a more effective and better exploitation of the plant variety by the compulsory license seeker.
      • Plant variety owner not remedying the situation despite being put on notice to do so

      ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Ivory Coast, can assist you comprehensively with PBR Compulsory Licence matters.

  • Cost of Registration in IVORY COAST – OAPI

    • Please write a mail for cost of registration of Plant Variety Protection in OAIP to the mail address given below:

      contact@paritypatent.com

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