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IMPORTANT INFORMATION.
It is important to note here that the African Intellectual Property Organisation (OAPI) provides a broad territorial protection to applicants of Intellectual Property. This is due to the fact that seeking protection in one Member State, you automatically benefit protection in all the 16 Member States, unlike other regional Organisations which require separate filing in each member State.
MISTAKES COMMONLY MADE BY EXPORTERS.
Exporters often realise the importance of protecting Intellectual Property only after it is too late i.e. once they are faced with imitators or counterfeiters or once they are being accused of infringing on the rights of others.
Exporters also believe that IP Protection is universal. This is not true. IP Protection is territorially limited to where protection is sought.
They also assume that laws and procedures for the protection of IP rights are the same worldwide. Even though the laws of IP have been harmonised worldwide, there are still many areas in which there are significant differences between countries.
Exporters do not verify whether a Trademark is already registered or is being used by competitors in the export market. We must know that the use of a Trademark in another country that is identical or similar to the one that is registered or is already being used there by a different company could be considered to be an infringement on the other Firm’s Trademark rights.
Most inventors and exporters do not use regional or international protection systems. Applying for IP protection in a number of National IP offices worldwide may be expensive. Regional and international protection systems are an effective, efficient and cost-effective way of applying for IP protection in various countries.
Most inventors and exporters apply too late for IP Protection abroad.
They disclose information too early without a confidentiality or non-disclosure agreement.
They seek to license a product in a market where the relevant patent or design is not protected.
They use a Trademark that is inappropriate for the market in question.
They infringe on the IP rights of others.
LATEST NEWS.
Our Senior Managing Partner, Mr. Nico Halle took part at the 130th Annual INTA Conference that took place at Berlin - Germany from May 17th to 21st 2008.
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The
Worlwide Intellectual Property Network (WIPNET Global) is a Department
of the Nico Halle & Co. Law Firm which has been established
in a bid to meeting up with clients’ increasing demands as
far as Intellectual Property matters are concerned. The satisfaction
of our clients remains our leitmotiv.
WIPNET Global comprises
top, leading, experienced Licensed Intellectual Property (IP) Attorneys, Accredited IP Agents
and specialists who are unrivalled in Cameroon and the entire OAPI
jurisdiction, each specialised in a particular area of Intellectual
Property such as Trademarks, Patents, Copyright, Design, Utility
Models, etc.
WIPNET Global has
been designed to translate into concrete action the ever-increasing
desire of the Nico Halle & Co. Law Firm to render top quality, diligent, expeditious,
cost-effective and professional intellectual property services to
her clients.
- As a Department
of the Nico Halle & Co. Law Firm, we operate in the African
Intellectual Property Organisation (better known and called by its
French acronym OAPI) jurisdiction, which comprises 16 member Central
and West African countries viz: the Republic of Benin, Burkina Faso,
the Republic of Cameroon, the Central African Republic, the Republic
of Chad, the Republic of Congo, the Republic of Cote d’Ivoire,
Equatorial Guinea, the Republic of Gabon, the Republic of Guinea
– Bissau, the Republic of Guinea – Conakry, the Republic
of Mali, the Islamic Republic of Mauritania, the Republic of Niger,
the Republic of Senegal and the Republic of Togo.
- The Headquarters of OAPI is in Cameroon.
- It should be noted that any registration done at OAPI has an
effect (covered) in all the 16 member States..
PROTECTING INTELLECTUAL PROPERTY WITHIN THE AFRICAN INTELLECTUAL PROPERTY ORGANISATION (AIPO).
A Periscopic View Of The African Intellectual Property Organisation.
Historical Evolution.
The African and Malagasy Patent Office is a predecessor of the African Intellectual Property Organisation better known by its French acronym OAPI. On September 13, 1962 in Libreville – Gabon, twelve Heads of State and Governments signed an agreement to set up the African and Malagasy Patent Office (OAMPI). On March 27, 1977 in Bangui – Central African Republic, the Libreville Agreement was amended giving birth to the African Intellectual Property Organisation (OAPI).
Another diplomatic meeting was convened by the member States of the Bangui Agreement on February 24, 1999 ending up with the revision of the Bangui Agreement and the setting up of a new instrument The Revised Bangui Accord.
Mission.
OAPI’s mission includes: The issuance of protection titles: Documentation and information: Promotion of technological development.
Objectives.
Contributing to the attainment of the industrial development objectives of member States through the achievement of the following specific objectives:
- To ensure the protection and publication of intellectual property right items.
- To encourage creativity and transfer of technology through intellectual property rights system.
- To render the legal framework propitious to promote investment by creating favourable conditions of the principles of intellectual property.
- To implement effective training programmes to enable the African Intellectual Property Organisation render better quality services.
- To create conducive conditions for enhancing the value of research findings and for domestic companies to make use of technological innovations.
SUBJECT MATTER PROTECTED AT OAPI.
Trade names.
Industrial Designs.
Trademarks and Service marks.
Inventions by way of Patents.
Utility Models.
Plant Variety.
Geographical Indications.
Layout designs of integrated circuits.
.NB:
One product can entitle an inventor many IP rights.
For example, a CD player originally owned by PHILIPS and SONY:
- The innovative technical feature of this CD is protected by a series of Patents.
- Embedded computer programmes controlling the operation are protected by copyright and neighbouring rights.
- Aesthetic design of each specific CD is protected as an Industrial Design.
- Brand used to market this CD may be protected as a Trademark.
- Manufacturers may hold some trade secrets ranging from their customers list to manufacturing process or to some other confidential information that they would not want to disclose to competitors.
- CD player can be licensed to others for uses which may be subject to payment, thus an additional income.
- Music played in a CD player is generally protected by Copyright and neighbouring rights unless protection has expired. Anyone who wishes to perform, sell copies of CD, broadcast it on radio, translate the music into other languages or use its content in any other commercial way has to seek authorisation from the musician.
For more information on acquiring IP titles within the OAPI Jurisdiction, do not hesitate to contact the Nico Halle & Co. Law Firm.
- ABOUT THE DENIS EKANI INTELLECTUAL PROPERTY TRAINING CENTRE.
The Administrative Council of the African Intellectual Property Organisation (OAPI) meeting in its 44th ordinary assembly from the 3rd to 4th December 2004 at Cotonou – (Republic of Benin) adopted the law on the creation and organisation of an Intellectual Property Training Centre. The Council also decided to name the said Centre “THE DENIS EKANI INTELLECTUAL PROPERTY TRAINING CENTRE” as homage to Mr. Denis Ekani, former Director General of OAPI.
The Denis Ekani Intellectual Property Training Centre is charged with:
- The organisation of Intellectual Property courses.
- The constant training and organisation of refresher courses for stakeholders and users of Intellectual Property.
- The organisation of lectures and training seminars covering the different aspects of Intellectual Property.
- The organisation of meetings to handle questions with respect to current issues on Intellectual Property Law.
- The initiation and promotion of studies on Intellectual Property Law questions.
A Scientific Committee was put in place to oversee the proper functioning of the Denis Ekani Intellectual Property Training Centre. The Nico Halle & Co. Law Firm is proud to have its Senior Managing Partner – Barrister Nico Halle, as a pioneer member of this Scientific Committee. This is no doubt in recognition of our high quality and unrivalled professional IP services to clients worldwide for over 22 years.
Contact the Nico Halle & Co. Law Firm for all your IP matters within the OAPI Jurisdiction. |
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