CHANGES INTO THE AFRICAN REGIONAL INTELLECTUAL PROPERTY ORGANIZATION (ARIPO) PATENTS, UTILITY MODELS, INDUSTRIAL DESIGNS AND TRADE MARK SYSTEM
Some amendments have been introduced into the Harare Protocol (patents and industrial designs) and into the Banjul Protocol (trade marks) that came into effect on 1 January 2022.
As per the Harare Protocol the main amendments affect the disclosure requirement in a patent application which now requires accompanying a description and drawings. Moreover, there is the possibility to file observations by third parties after the publication of the patent or the utility model as per their patentability.
Regarding utility models, the changes concern a clarification of the terms new and industrially applicable in the context of a utility model, an amendment of the content of an application as per the explicit request for registration of a utility model, as well as a description of the utility model, a claim, a drawing or drawings, and an abstract.
The amendments of industrial designs are related with the content of an application which now shall contain a request for registration of an industrial design as well as a reproduction of the industrial design. Also the term of protection is extended from 10 years to 15 years.
Finally, the amendments introduced into the Banjul Protocol (trade marks) are related with the appointment of representatives and the cancellation of a designated State or reduction of classes.
