Celebrating 40 years, ARIPO kickstart 2017 with pair of MOUs

Celebrating 40 years, ARIPO kickstart 2017 with pair of MOUs

By Afro Leo   Friday, February 17, 2017   No comments:

ARIPO signed two significant agreements in February, paving the way for better economic growth and innovation in Africa.

According to the African Regional Intellectual Property Organisation (ARIPO), Directors General Paulin Edou Edou (OAPI) and Fernando dos Santos (ARIPO) signed a four-year co-operation agreement on behalf of their organisations, following a three day seminar in Harare.

The formal accord will entail a streamlined approach toward harmonising their systems, providing technical assistance and taking common positions on IP policies. A joint commission will meet annually.

Another ground-breaking memo of understanding was signed with CISAC, the International Confederation of Societies of Authors and Composers, who represent over four million creative the world over and are considered the global body for the protection of creative rights.

The two signed the agreement on February 14 at a ceremony in Harare, after the organisations recognised a need to further the creative and cultural potential of the African nations.

Royalty collections in Africa total US$68.6 million annually with potential for sharp growth. Studies in a few ARIPO nations (namely Kenya, Malawi and Tanzania) showed that creative industries contributed three to five percent of the GDP. Collections for creators grew almost 15% in 2015, yet amounts to less than one percent of the global collections report.

The Memorandum of Understanding signed by the two bodies will see joint projects on strengthening copyright, technical exchange, education and training of organisations, as well as collecting revenue on behalf of creators.

ARIPO Director General Mr. Fernando dos Santos said the signed agreement should act as a catalyst for the African governments to continue supporting and promoting the creative industries.”

CISAC oversees a global network of 239 member societies in 123 countries. These include 36 members in 31 African countries. These organisations collect and distribute revenues and promote the interests of creators across five repertoire groups: music, audio-visual, drama, literature and visual arts.

See www.aripo.org for more.

 

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Bits & Bobs

Big shout out to Victor Nzomo (IPKenya blog) for guessing where Afro Leo found himself midweek. Gabon, you should go there! Happy Friday.

Look out for information on the Africa's largest ever copyright claim, coming straight to you via Afro-IP on Monday.

Thanks to those who voted on our rejuvenate poll (click here and then gaze right) - an overwhelming show of support. Much appreciated.


 

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Singapore Treaty to be in Force for OAPI by Mid-February

Singapore Treaty to be in Force for OAPI by Mid-February

By Afro Ng'ombe   Thursday, December 10, 2015   No comments:

Trademarks and Valentines, a natural pairing.

With all the attention Africa’s been getting globally and our pride’s attention drawn to happenings hitting even close to our hearts, some details have slipped through the grass.  But never fear, like all good lions, we manage a pounce in the end.  This time, this straggling little leo has rounded back on a WIPO announcement from a few weeks ago: OAPI has joined the Singapore Treaty on the Law of Trademarks.  Full WIPO press announcement here.

Administrative Harmonization

The Singapore Treaty on the Law of Trademarks, known as STLT in the WIPO community, seeks to harmonize the administration of trademarks.  It covers everything from registration to license recordation.  It does this by setting limitations on the types of processes and information that can be required by a trademark office.  For example: trademark offices cannot require notarization of application signatures (Article 8(3)(b)); there are 16 pieces of information that trademark offices may require be included in an application (Article 3(1)(a)); and applicants must use the Nice classification system (Article 9).

But License Redecoration Remains

Interestingly, although the purpose of STLT is to harmonize administrative procedures, parties are able to opt out of provisions under certain circumstances (in Article 29), and OAPI has done just that.  Articles 6 and 19(2) will not apply to OAPI.  Article 19(2) of STLT prohibits parties from requiring the recordation of licenses for enforcement.  However, Article 27 of the Bangui Agreement, which governs OAPI, requires the recordation of a trademark license with the OAPI Special Register of Marks in order for the license to be enforceable against third parties.  The pre-existing Bangui Agreement rule stands.
Article 6 of STLT says “Where goods and/or services belonging to several classes of the Nice Classification have been included in one and the same application, such an application shall result in one and the same registration.”  Little Leo has to admit, she’s not really sure what it means to opt out of this.  [And based on the way WIPO presented it in the press release, neither are they.]  Perhaps it means applications listing goods or services in multiple Nice classes will result in multiple registrations.  Conjectures, explanations from wiser readers and wild guesses are welcome.

A Growing Party

The addition of OAPI brings the official number of STLT members to 41.  That number is a little misleading since OAPI itself includes 17 countries.  Seven OAPI members are signatories to STLT, dating back to 2006 and 2007, but only Mali (2009) and Benin (2012) ratified the treaty as individual countries.  The treaty comes into effect for OAPI, and Benin and Mali individually, all on the same day: February 13, 2016.  Just in time for Valentine’s Day.  That will bring the number of countries participating in the STLT harmonization to 54*.  The full list is available from WIPO here.

*If the math doesn’t seem to work out, it’s because there are other multi-state members whose countries are also individually members.

Image information: “Little Debbie Valentine Snack Cakes, 2/2015, by Mike Mozart of TheToyChannel and JeepersMedia on YouTube” CC-BY 2.0 Mike Mozart, available at https://www.flickr.com/photos/jeepersmedia/15908525213

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OAPI Suspend Agents

OAPI Suspend Agents

By Afro Leo   Monday, April 13, 2015   No comments:

Aminou Ndala TITA based in Cameroon reports that there has been significant tension between OAPI and some its agents over OAPI's decision to join the Madrid Protocol. OAPI has responded banning certain members from practising. The full story:

"A month after joining the Madrid Union, the dust has not settled on why OAPI chose that option. The in house fighting between the Director General of OAPI and some of his accredited agents has raised so much doubt on the competence of the organization’s hierarchy.

Accredited agents are those who have been granted special license by the Director General of OAPI to represent clients. They are usually legal experts or those with a background in IP and have fulfilled special conditions laid down by the organization.

It should be recalled that the decision to join Madrid was arrived at the 53rd session of the Board of Directors of OAPI held in Malabo on the 14^th December 2013. Resolution No. 53/25 of 14 December 2013, authorized the accession of OAPI to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The Director General of OAPI was mandated to submit the instrument of ratification with WIPO which he did on the December 5, 2014. The official entry is dated March 5, 2015.

The accession of OAPI to the Madrid Protocol has not been welcome my most IP legal practitioners within the OAPI Jurisdiction. These legal minds who now branded themselves as « Collectif des Conseils en propriété industrielle » have labeled the OAPI accession to Madrid illegal and are bent on reversing this decision. The arguments advanced by these group are:

1.       That OAPI as an international organization does not have the mandate to ratify a treaty on behalf of member states.

2.       That the Bangui Agreement does not allow the Organization to ratify a treaty through a resolution of its Board of Directors;

3.       That only independent states have the power to ratify such a  Protocol;

4.       That accession to the Madrid Protocol will have negative economic and strategic impact on member States of OAPI.

5.       The professional / accredited agents of OAPI will experience a decline in the volume of their activities.

This action has been met by stiff resistance from the organization. The organization hierarchy has suspended (http://oapi.int/index.php/fr/toute-lactualite/507-note-dinformation-sur-le-protocole-de-madrid) all agents involved in this action which to him is an attempt to discredit and destabilize the organization. The communique from the D.G reads:

“The patent attorneys involved in this campaign and the firms they are attached to, will not be allowed to represent clients at OAPI for any action which include but not limited to Patent, trademark and design applications, opposition, appeals, recordals etc.;

 - They are also banned from advertising their firms as official agent / attorneys of OAPI”.

The list of agents and firm suspended by OAPI has not been made known to the public but one thing is clear, this will definitely be a long fight."

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OAPI -- or OAPI? A bit of confusion

OAPI -- or OAPI? A bit of confusion

By Jeremy   Sunday, February 08, 2015   4 comments:

From a news item on AllAfrica and also from the SMAS-IP Newsletter this blogger understands that Tunisia will be hosting two African institutions: the African Intellectual Property Organization (OAPI) and the African Statistical Institute.  This is apparently in accordance with the decision taken by the African Union of 9 January 2015.

Can someone explain to this blogger precisely what is going on? This blogger knows of only one OAPI: it's based in Yaoundé, Cameroon. There is nothing on its website to suggest that the organisation is to be relocated. Further, this blogger recalls that Tunisia is not a member of OAPI. Some sort of clarification would be greatly welcomed.

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OAPI accedes to Madrid Protocol

OAPI accedes to Madrid Protocol

By Jeremy   Monday, December 15, 2014   2 comments:

By Madrid (Marks) Notification No. 203: Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, WIPO informs us of the accession by the African Intellectual Property Organization (a.k.a. OAPI) to the Madrid Protocol.

This accession is made subject to two declarations. First

* in accordance with Article 5(2)(d) of the Madrid Protocol (1989), under Article 5(2)(b) of the Protocol, the time limit of one year to exercise the right to notify a refusal of protection referred to in Article 5(2)(a) thereof is replaced by 18 months and under Article 5(2)(c) of the said Protocol, when a refusal of protection may result from an opposition to the granting of protection, such refusal may be notified to the International Bureau after the expiry of the 18-month time limit; and

* in accordance with Article 8(7)(a) of the Madrid Protocol (1989), OAPI, in connection with each international registration in which it is mentioned under Article 3ter of the said Protocol, and in connection with the renewal of any such international registration, wants to receive, instead of a share in the revenue produced by the supplementary and complementary fees, an individual fee.

The Madrid Protocol (1989) will enter into force, with respect to the 17-state African Intellectual Property Organization, on March 5, 2015.

This blogger notes that the English-speaking Africans may be having some fun at the expense of their French cousins. If you conduct a Google search of the words "African Intellectual Property Organization" -- ie OAPI -- the first search result is the website of the Anglophone "Africa Regional Intellectual Property Organisation" (ARIPO). Does any reader have an explanation ...  ?

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OAPI-SAIC: China strengthens ties with one of Africa's most prominent IP registries

OAPI-SAIC: China strengthens ties with one of Africa's most prominent IP registries

By Afro Leo   Thursday, September 25, 2014   No comments:

This is the third of three reports by Aminou Ndala TITA based in Cameroon on developments at OAPI this month:

"Liu Yuting, Vice Minister of the State for Industry and Commerce of the People's Republic of China visited was in OAPI for a working visit from the 9^th to 11^th September 2014.

This visit which comes as a result of the cordial relationship that exists between the Chinese Ministry of Trade and Commerce and OAPI will end with the validation of the plan of action between both structures for the period 2014/2015.

The action plan includes a range of issues amongst others exchange of information, technical support, advocacy and training on various topics such as trademark examination, counterfeiting and several other themes. The publication of information on the respective websites of each organization is also on the plan.

Another high point on the visit was the meeting between the Chinese Minister and his Cameroon counterpart. The opportunity was given to Liu Yuting and the large delegation of five employees who accompanied him, to exchange views on China-Cameroon relations in the fields of industry and commerce.  Aspects such penetration strategy of the international market, China's expertise in standard and quality, support for industrialization and processing of local raw materials locally, are key areas where cooperation with China must be strengthened. Cameroon home country for all members of the OAPI has benefited from the forty-eight hour visit of the Chinese authority.

OAPI has every intention of boosting its volume of application by adhering to international treaties and conventions."

You can follow Aminou on the twitter handle @aminoudnalatita

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