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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OAPI and the European Patent Office (EPO) strengthen cooperation.

OAPI and the European Patent Office (EPO) strengthen cooperation.

By Afro Leo   Tuesday, September 23, 2014   1 comment:

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

"A regional workshop was held in Yaoundé on the 8^th and 9^th of September 2014 at the headquarters of OAPI on the theme "OAPI - European Patent Office (EPO) partnership to support the activities of OAPI member States in the development of innovation by promoting the patent system”. It aimed at improving the win-win cooperation that has existed since 1985; improving the procedure for granting patents, the capacity building of staff of OAPI and the national liaison structures, etc. In attendance were all the member states of OAPI and a team from the EPO.

This meeting was organized to strengthen bilateral relationship that existed between both institutions. It should be recalled that OAPI signed an MOU with EPO as far as back as 1962 when the organization still known as the Intellectual Property Office for Africa and Malagasy. As from 1977, OAPI was already submitting information for publication on espace.net.

Overall, the key areas of cooperation under the new partnership for the period 2013-2017 will revolve around training, assistance on patent application, assistance in raising awareness and technical infrastructure. The Yaoundé workshop has consolidated the position of EPO patents in the OAPI jurisdiction, increase the use of regional patent system as a factor in economic development and promote the development of regional innovation and foreign industrial investment in Africa."

You can follow Aminou on the twitter handle @aminoudnalatita

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OAPI celebrates in Burkino Faso

OAPI celebrates in Burkino Faso

By Afro Leo   Monday, September 22, 2014   No comments:

September has been a busy month for OAPI. Friend of Afro-IP and intellectual property consultant, Aminou Ndala TITA, has summarised developments for us in three guest posts. The first reads as follows:

"OAPI celebrated, on the 12th and 13th of September, African technology and Intellectual Property day in Ouagadougou, Burkina Faso under the patronage of the President of Burkina Faso. This event which has become so customary to OAPIs calendar is in its 15th edition. Celebrated under the theme "Intellectual Property and Food Security in Africa", the event was marked by various activities including: a series of panel discussions, exhibitions of inventions, sports. Also a caravan to raise awareness on intellectual property was carried in the streets of the capital.

The choice of this year’s theme was motivated by the recent accession of OAPI to the UPOV convention and this year’s AU summit on Agriculture and Food Security on the continent.

The event aimed, among other things, to increase public awareness on the importance of industrial property in the daily lives of Africans and to celebrate the creativity and the contribution of creators and innovators to the development of the society.

This celebration was also an opportunity by the organization to create a framework for dialogue between the various actors, including policy makers, entrepreneurs, artists, scientists, inventors, and members of civil society. Read full story here."

You can follow Aminou on the twitter handle  @aminoundalatita.

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OAPI Joins UPOV

OAPI Joins UPOV

By Afro Ng'ombe   Monday, June 16, 2014   No comments:

The International Union for the Protection of New Varieties of Plants (UPOV) announced last week that the African Intellectual Property Organization (OAPI) has become the second Intergovernmental Organization to join UPOV.  (The first was the European Union in 2005.)  OAPI’s membership will become effective on 10 July 2014.

This Little Leo was a bit surprised by this announcement.  UPOV has several version and some members are members of previous versions, most notably the 1978 UPOV, rather than the newest version, 1991 UPOV (or as Little Leo calls it, NewPOV).  UPOV is a convention on protecting plant varieties.  There’s a few differences between the 1978 and 1991 conventions, but the main one is the addition of propagation of seeds as a plant breeder right.  This effectively removes the ability of farmers to save seeds from their harvests for planting.  There is an optional exception in 15(2) that allows countries to allow farmers to replant seeds on their own farms.  This still prohibits seed sharing or tinkering with the seeds.

Whether sui generis protection or patent protection, breeders rights tends to be an area of intense debate in developing countries and the ability of farmers to save seeds from their harvests for the next years’ planting is a key issue.  OAPI aside, there are only 4 African countries that are members of UPOV.  Two are members of 1978 UPOV, Kenya and South Africa, and two are members of 1991 NewPov, Morocco and Tunisia.  OAPI adds another 17 African members to the 1991 Convention.

What does this mean for the OAPI countries? 

A requirement of joining UPOV is that the local laws already conform to the UPOV convention.  Annex X of the Bangui Accord, added in 2006, covers plant protection and matches UPOV fairly well.  It even includes instructions for those wishing to apply for protection in OAPI through UPOV in Article 13 of Annex X.  Annex X includes the UPOV 15(2) optional exception for farmers to plant harvested seeds on their own land (but it does not apply for fruit trees, forests or ornamental plants), Article 30(d).  In short, it looks like joining UPOV will not mean any new laws or changes to existing OAPI agreements.  Whether joining UPOV translates into increased investment or new imports of foreign-created plant varieties is still to be seen.

It turns out Little Leo shouldn’t be surprised at OAPI’s joining UPOV since the Bangui Accord has been in line with UPOV for sometime.  Moreover, knowing that OAPI has included the 15(2) exception has lessened the concern part of the initial shock.

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Tunisia croons, OAPI prepares but Madrid is still questionable in Africa

Tunisia croons, OAPI prepares but Madrid is still questionable in Africa

By Afro Leo   Tuesday, May 27, 2014   No comments:

MIP's Group Editor Emma Barraclough provides some feedback on Tunisia's experience since joining the Madrid System and quotes Maurice Batanga's (OAPI) vision of OAPI acceding by the end of the year. 

According to Emma's note, Tunisia is merry over their 7% growth rate in trade mark filings since joining Madrid whilst OAPI is busy changing forms and updating manuals for its expected accession.

Emma's article entitled "Africa gears up for Madrid" explains why ARIPO, the "english" regional system is unlikely to join as a region because of the similarities it has with the Madrid designation system; it would be more practical for each member state to join Madrid. This writer suggests that this creates doubt on the long term effectiveness of ARIPO for trade marks, if Madrid continues the pace of accession.

For the 17 OAPI member states joining Madrid now seems inevitable. They would rub shoulders with 18 other Africa states who have already acceded. These are Algeria, Botswana, Egypt, Kenya, Ghana, Lesotho, Liberia, Madagascar, Morocco, Mozambique, Namibia, Rwanda, Sao Tome & Principe, Sierra Leone, Sudan, Swaziland, Tunisia, and Zambia, with Zimbabwe and South Africa still teetering.

With potentially 70% of Africa forming part of Madrid by year end, it would be easy to conclude that Madrid be the filing destination of choice for brand owners seeking to cover the continent. Unfortunately though, ticking boxes on the WIPO trade mark form needs to be considered very carefully. 

Many of the Registries are simply not up to the task of effectively implementing WIPO procedures or local laws have not domesticated their government's decision to join Madrid. Both shortcomings create doubt on the validity and effectiveness of Madrid filings and it is not uncommon for brand owners to ignore Madrid advantages and file nationally. 

This blogger has had first hand experience of a Zambian trade mark lawyer advising that an international designation of a client covering Zambia was unlikely to be given effect, which then became significant problem because of this Supreme Court decision refusing to recognise user rights in an opposition in Zambia. The result forced the client to consider paying off the infringer. 

Just yesterday, a prominent Kenyan lawyer explained that following Kenya's accession, Madrid filings spiked but because of delays at the Registry dealing with Madrid applications/registrations, the trend has now reversed and national filings are more popular.

OAPI

Stephen Hollis, an African trade mark guru explains that in countries such as Algeria, Mozambique, Madagascar, Sudan and Sao Tome & Principe and Morocco, the Madrid system may be regarded as more likely to be given effect than in other states - mainly because of their civil law heritage or domestication laws/decisions.

OAPI is one of Africa's more successful registries and hence more likely to be a safe haven for Madrid exponents. However, those expecting to use Madrid for cheap African coverage generally should first take care to properly examine the status of the right in each state before filling out the WIPO form. An alternative is to supplement Madrid filings in key territories with national filings, to hedge against the risk of non recognition of international designations.

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OAPI inaugurates new building

OAPI inaugurates new building

By Afro Leo   Tuesday, May 06, 2014   No comments:

Aminou Ndala TITA, a former intern at OAPI and now working for non profit Taking IT Global, has kindly provided his surprise account of OAPI's new clothes, stylish they are too.

"I just realized I was knocking at the wrong door yesterday when I visited OAPI. I was informed by a hawker that OAPI has gone modern. They are now in a new structure. I don’t know why this was hidden from us. We all contributed to the realization of this …especially through the money we give for applications.

I also learned that OAPI inaugurated this new building on March 28, 2014. The event was under the Patronage of His Excellency Paul Biya, President of the Republic of Cameroon. It was attended by experts and special guests from around the world including Ministers from the 17 Member States of OAPI.

This building is composed of seven floors and three basements. It will be the head quarter of the Organization and will also host the High Commission of Appeal and the Denis Ekani IP Academy. This ambitious project was completed in less than three years. It’s really OAPI show show. (Pictures attached)

Visit: www.oapi.int    everything goes in French"

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OAPI expands to 17

OAPI expands to 17

By Darren Olivier   Monday, April 22, 2013   No comments:



magnifique

OAPI, the French speaking regional IP protectorate in west Africa has expanded east to include its 17th member state, effective in late May. The Comoros recently acceeded to the Bangui Agreement meaning that it is now possible to have a board meeting on the tropical islands safe in the knowledge that your IP rights will be extended to this paradise by filing a single application through the OAPI office, headquartered in Yaoundé, Cameroon. And that's not all, the savings you make through the OAPI system could well mean that you could take your entire IP department with you. Everyone is celebrating from 25 May!

This news comes from Nicky Garnett - Africa patent department head @ Adams & Adams. Merci Nicky!

Cheap flights available here.

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At last, ARIPO gets a face-lift

At last, ARIPO gets a face-lift

By IPcommentator   Wednesday, February 06, 2013   No comments:

Generally, information on intellectual property matters are quite hard to come by across the African continent.  It would have been ideal to get key information such as updates on IPRs administration from the websites of IP offices across Africa; unfortunately, we are yet to reach that stage. 

In 2011, this Leo took on the task to explore (if any) the websites of the IP offices in Africa (see here for a recap); it was indeed a roller coaster. During his trek, he did not hesitate to scrutinise the websites of the current regional IP organisations, OAPI and ARIPO. He expressed his disappointment (see here, here, and here) but hoped for change. He finally got it. Afro-IP is  pleased to report that ARIPO has now raised the stakes with a brand new and neatly presented website. Check it out at www.aripo.org.  

Afro Leo is not sure when this happened and is left wondering whether it is the swift achievement of the new Director General, Fernando Dos Santos. If so, what an impressive way to start your tenure with a revamp of the public image of such an important organisation. Hopefully, ARIPO can now support (although the responsibility of respective governments) those Members States who are struggling with their online presence despite the value proposition statement below (which Afro Leo interprets as: "do not bother about a website because we have you covered"): 

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"ADVANTAGES OF ARIPO TO MEMBER STATES

..... As the Organization was formed to pool resources together to avoid duplication of both human and financial resources, Member States have advantage of economies of scale. This in turn releases scarce resources for the Member States to spend on more pressing needs of their citizens."

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Well done, ARIPO; over to you, OAPI.

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A review of African official IP websites: no.17: Equatorial Guinea

A review of African official IP websites: no.17: Equatorial Guinea

By Anonymous   Monday, November 05, 2012   No comments:

Whilst politicians and stakeholders in the United Kingdom are still deliberating and shivering over the costs of building a new airport or additional runways, the government of Equatorial Guinea has just opened one at the cost of $375 million - thanks to their oil riches. So, with that figure in mind, one would feel that the country, like many other resource-rich ones in Africa, is not that poor, and that the Council of Scientific and Technological Research (Presidency of the Government) should be able to afford a website, right? (Afro Leo knows Equatorial Guinea can afford it) .Well, sadly, this Leo could not even find a website for any government ministry or parastatal in Equatorial Guinea, not to mention one for its IP office like we discovered last year. 

Equatorial Guinea is one of the Member States of the OAPI (this Leo feels the OAPI require a website facelift and more support) and we all know that most Member States tend not to have an online presence for their IP office. 

OAPI, what do you have in store for us?

Just in case small businesses, entrepreneurs, researchers and government bodies in the field of technology  in OAPI Member States are not aware, (Because there is no website or social media tool to inform them, adds Afro Leo) there is actually a fund set up to foster inventions and innovations in these countries. To find out about the Help Fund for the Promotion of Invention and Innovation (FAPI), please see here. 

Forget piping up on the uncertain, duplicating and upcoming PAIPO; are you also aware of what the OAPI is getting up to in terms of harmonising counterfeiting policies and IP laws in Member States? click here to find out (Afro Leo's warning: sorry, Google translated link; the English tab on the website doesn't work as it should).

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Oil and gas: a doubled-edged sword, see here
PAIPO petition has reached 250 signatures, see here

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South-South agenda timely as PAIPO receives criticism

South-South agenda timely as PAIPO receives criticism

By Darren Olivier   Monday, October 08, 2012   No comments:

The role of South-South cooperation in the field of intellectual property (IP) took centre stage at a World Intellectual Property Organization (WIPO) meeting recently, ahead of the UN agency’s General Assemblies gathering, according to Bridges Weekly Trade Digest.

"The project seeks to share information and experiences about the practical initiatives that developing and least developed countries (LDCs) are taking in using IP for promoting innovation, while also ensuring that it is supportive of broader public policies and development goals."

This meeting is timely given the recent outcry over attempts to organise the African IP Forum, pass traditional knowledge legislation in South Africa and establish a Pan African Intellectual Property Organisation (PAIPO).

"The [WIPO] August meeting [in Brazil last year] also considered three potential areas for South-South cooperation: genetic resources, traditional knowledge, and folklore; copyright; and IP governance."

The ill fated attempt to organise an African IP Forum in Cape Town earlier this year and the more recent discussions over an AU policy objective to establish PAIPO - Pan African Intellectual Property Organisation - as an umbrella organisation to both ARIPO and OAPI overseeing IP on the Africa continent were both met with strong opposition by groups favouring a more developmental approach. The result was that the African IP forum (Cape Town) was canned  and the PAIPO initiative is currently in the dock and receiving some fierce cross examination by interest groups.

"The next Inter-Regional Meeting on South-South Cooperation is expected to focus on patents, trademarks, industrial designs, and geographical indications. Egypt has offered to host the upcoming gathering, which is tentatively slated to take place in May 2013."

PAIPO objectives are summarised here as follows:

"[An] African head of heads of states summit adopted a resolution to establish a single Pan African Intellectual Property Organization (PAIPO) in January, 2007. They requested AUC in collaboration with RECs, WIPO (World Intellectual Property Organization) and in coordination with African Intellectual Property Organization (AIPO) and the African Regional Intellectual Property Organization (ARIPO) to submit the texts relevant to the establishment of a single Pan-African Intellectual Property Organization (PAIPO). Indeed, the Africa-wide IP organization will serve as a cost-effective entity to streamline IP management in Africa. As a public-service organization, the entity will thus benefit from increasing economies of scale as it seeks to serve the IP needs of the whole continent."

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A review of African official IP websites: no.10: Chad (Afro-IP's shortest blog post ever?)

A review of African official IP websites: no.10: Chad (Afro-IP's shortest blog post ever?)

By Anonymous   Monday, September 17, 2012   No comments:

This little Leo managed to navigate his way back into the Republic of Chad in search of its intellectual property (IP) office and/or any IP news online, only to be presented with various celebrity and sport headlines from the United States of America (Afro Leo now learns that the Americans love the name, Chad; but hopes that one day, Chad, the country, would become newsworthy). On our last visit, there was at least some life online in Chad - albeit an irrelevant and not so useful one for IP - but that is no longer the case. So, yet another stagnant member of the OAPI. 

Is this the shortest blog post ever, on Afro-IP?

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For all other things 'Chad' see here, here and here
Talented sportsmen and women at the OAPI, Cameroon, see here
Cameroon's medals table at the 2012 Olympics see here

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A review of African official IP websites: no.9 Central African Republic

A review of African official IP websites: no.9 Central African Republic

By Anonymous   Monday, September 10, 2012   No comments:

This little Leo thinks that it must have been easier to get into the Central African Republic (CAR) back in 1977 than it is today; if not, how did the OAPI come into existence? In hindsight, it appears that CAR was ahead of its time; or perhaps, she just found herself in such a position as the birthplace of the OAPI. (Afro Leo comments that, some argue that IP laws on the African continent are too strict and not concurrent with economic development). Generally, this Leo also finds it strange that  certain treaties or other legal instruments are signed off in remote places. And sometimes, these places bear no relevance to the matter, or moving forward, are unlikely to have any significant stake, role or influence in it. To this Leo, CAR appears to be one of those places. 

Exactly as experienced last year, there is no website, yet, for CAR's intellectual property (IP) offices and no IP-related news from the country was found online. Last week, Jeremy Phillips of the IPKat, mooted the need for developed nations to initiate some form of bilateral partnership with most of these countries in Africa for operational support. (Afro Leo adds that since these countries, for instance OAPI members, operate an IP regime beyond the TRIPS requirement, why can't they also have an online presence, at the bare minimum, or one similar to their counterparts in the developed world?) This little Leo holds a similar opinion to that expressed above: we know that amongst others, France assisted the francophone African countries in establishing the OAPI and that the IP laws in these countries were modelled on French legislation; so why are the engineers not helping the structure stand in a digital age? (Afro Leo also feels that the recipient nation must have the will to make any of these efforts work).

Even more worrying is that, as this Leo pointed out  here and here, the two regional IP organisations in Africa are also in need of operational support, themselves,  to 'get their houses in order' online and perhaps, to be able to also support their members in this area.

Where do we begin?

Which developed nation is willing to lead by example? 

Please let Afro-IP know.

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A review of African official IP websites: no.7 Cameroon

A review of African official IP websites: no.7 Cameroon

By Anonymous   Monday, August 27, 2012   No comments:

This little Leo likes the idea of having a regional IP system in the continent, but one which has the benefit of a strong foundation. However, based on his discoveries on the A-Z tour, he is now wondering whether the current regional systems are having any negative effect on national offices or making their hosts complacent. 

Headquartered in Yaounde, Cameroon, the organisation Africaine de la Propriété Intellectuelle (OAPI) is one of the two regional intellectual property (IP) organisations in the African continent with sixteen current members. As the OAPI prepares to celebrate its fiftieth anniversary under the theme, "intellectual property for development in Africa", its current website cannot even match the CIPC of South Africa. According to the celebration announcement (as translated by Google), discussions at the event would include: promoting intellectual property activities (Afro Leo would like to know what they are), developing the reputation of the organization (Afro Leo says that it is high time, and where else to start than its website: at least, sort out the important pages which are still under construction, e.g. here) and boost its brand image (“OAPI should be aiming to match its counterparts in Europe e.g. BOIP; utilise the internet generally" says Afro Leo).

Afro Leo was somewhat disappointed with Cameroon last year, so has anything changed in twelve months? Sadly, the answer is 'No'. In fact, things have actually gone from bad to worse as the only website found last year has suddenly disappeared. So there you have it: the host nation of the OAPI has no online presence.

At the moment, these findings (also see Zimbabwe, host nation for ARIPO ) somehow tarnish the reputation of the two regional IP organisations on the continent. In a digital age, it is fair to conclude that both have a long way to go in order to build the brand image we all wish for?

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Can you help the OAPI plan its fiftieth anniversary event? Submit your tender here
For more details on what the OAPI plans to celebrate, see here

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An opinion summary plus a review of African official IP websites: no.1 Algeria

An opinion summary plus a review of African official IP websites: no.1 Algeria

By Anonymous   Monday, July 16, 2012   No comments:

First, Afro Leo would like to use this opportunity to thank readers for joining with him in sharing moments of excitement as well as enduring despair throughout the A-Z series. On a personal note, this Leo is grateful for the emails and Twitter messages that he received during his tour across this continent, which is endowed with natural beauties and resources; extremely diverse, even within each country, and home to some of the world's fastest growing economies.

It is now just over 12 months since this Leo took on the challenge to tour all 54 countries in Africa -beginning with Algeria  and ending with Zimbabwe - in search of their intellectual property (IP) offices online. Over these months, you would have gathered that each week's conclusion was clearly inconsistent with conclusions drawn from other weeks: one week may be exciting, while another is clouded with despair and/or perhaps, measured, when other factors are put into consideration.

All Afro Leo wanted to experience on this tour was a 'decent' website. ["So what do you mean by a 'decent' website?", Afro Leo asks] Basically, this Leo is thinking of a website which is not only instructive to users --be it IP owners or their representatives-- but also treats them like customers. Another feature which this Leo particularly admires is a functioning database of registered IP rights which generally helps in IP due diligence.

Without naming them, certain countries disappointed -- in particular, those that are well-positioned in economic and social terms, to accrue the benefits of a better tailored but organised IP regime – one or two met the required expectation, and a handful exceeded expectation. But the key observation in the series was the apathy among most members of the two regional IP organisations, OAPI and ARIPO, to ensure their IP offices own and/or maintain a 'decent' website. This, Leo hopes, is not complacency on the part of these member countries or a national office decline due to the existence of the regional system. And, for those that disappointed, one can only speculate as to the reasons why we found no website at all for some and, where we found one for others, it appeared inadequate. Are these offices not just bothered at all to own and/or maintain a decent website? Or is funding and/or human capital an issue?

This Leo is not just aware that you trust computers or IT in general at your peril (see recent examples here and here), but also that having a website is not a panacea for the state of IP in these countries. In addition, we must never lose sight of the fact that advanced economies once had IP offices without websites [Afro Leo thinks this is providing the ammunition of 'unwarranted' excuses or defences and even complacency]; so, perhaps, this Leo might have to make himself a bit more useful by finding out how these advanced economies coped before the advent of the internet [Afro Leo says, "good luck with that"]. Nevertheless, he hopes readers can agree with him that since we now live in the digital era, a website for the IP and business names registry should be seen as a necessity in order to ensure an orderly and fair environment for commerce.

Coming soon: a detailed analysis and consolidation of my findings, but for the moment, what do readers think?

For the European experience on regional IP protection, see here, here and here 

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Algeria: a year on and what has changed?

Last year, we found functioning websites for both the copyright and the  industrial property offices in Algeria. Nothing has changed on National Office of Copyrights and Related Rights’ (ONDA) website apart from visitor numbers to the site which has grown from 601,000 to over 657, 000.

As for the Algerian National Institute of Industrial Property (INAPI), an update is that the domain for this office will soon change from www.inapi.org to www.inapi.dz.

Afro Leo continues to admire how INAPI keeps its users informed with changes, seminars and so on; but he would also like to see either office or both, utilise social media for user interaction.

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