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OAPI

Country Data

Details Information
Official Name African Intellectual Property Organization (Organisation Africaine de la Propriété Intellectuelle – OAPI)
Established 2 March 1977, under the Bangui Agreement.
The Bangui Agreement entered into force on 8 February 1982. It was subsequently revised on 24 February 1999 and on 14 December 2015.
Secretariat / Headquarters Yaoundé, Cameroon
Address Rue Djoungolo, Yaoundé, Cameroon
OAPI’s official contact address is Rue Djoungolo, Yaoundé, Cameroon.
Member States  
Working Language French and English are supported by OAPI for its services and information. The Bangui Agreement itself was adopted in French, with official English translations available.
Currency for ARIPO fees CFA Francs (FCFA)
Primary Regional IP Systems Patents
Utility Models
Industrial Designs
Trademarks
Traditional Knowledge and Expressions of Folklore
New Varieties of Plants
Voluntary Registration of Copyright and Related Rights

Conventions/ Treaties

Details Information
Bangui Agreement Bangui Agreement Instituting an African Intellectual Property Organization
Adopted: March 2, 1977
Entered into force: February 8, 1982
Establishes the African Intellectual Property Organization and provides the common legal and administrative framework for intellectual property protection in the OAPI Member States.
The Bangui Agreement serves as the national intellectual-property legislation in each OAPI Member State and contains ten Annexes relating to patents, utility models, trademarks, industrial designs, trade names, geographical indications, literary and artistic property, unfair competition, integrated-circuit topographies and plant varieties.
The Agreement was revised on February 24, 1999 and December 14, 2015.
Patent Cooperation Treaty (PCT) OAPI operates within the PCT framework for its Member States that are PCT Contracting States.

An applicant may use the PCT route and subsequently enter the OAPI regional phase where the applicable requirements are satisfied.
The applicable PCT regional-phase period is generally 30 months from the priority date.
Madrid Protocol OAPI acceded to the Madrid Protocol on December 5, 2014.
Entered into force for OAPI: March 5, 2015
The Madrid System provides an additional route for obtaining trademark protection in the OAPI territory through an international registration designating OAPI.
Hague Agreement OAPI is party to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs.
An international design registration may designate OAPI, subject to the applicable Hague Agreement and Bangui Agreement requirements.
Singapore Treaty on the Law of Trademarks OAPI acceded to the Singapore Treaty on November 13, 2015.
Entered into force: February 13, 2016.
Geneva Act of the Lisbon Agreement OAPI is party to the Geneva Act of the Lisbon Agreement concerning Appellations of Origin and Geographical Indications.
The Geneva Act entered into force for OAPI on March 15, 2023.
UPOV Convention OAPI is a member of the International Convention for the Protection of New Varieties of Plants (UPOV Convention).
OAPI’s regional system operates differently from the ARIPO system.
An OAPI application for an industrial-property right generally results in a single regional right covering the OAPI Member States, rather than requiring the applicant to designate individual Member States.
The Bangui Agreement operates as the common legal framework in the Member States. OAPI is responsible for the centralised registration and administration of industrial-property titles.

National Legislation

  • Bangui Agreement, Annex III – Trademarks of Products and Services, together with its Implementing Regulations and Administrative Instructions.
  • The trademark provisions of the 2015 revision of the Bangui Agreement became applicable from January 1, 2022.
  • The OAPI trademark system provides for a centralised regional registration procedure, with the resulting registration having effect throughout the OAPI territory, subject to the applicable provisions of the Bangui Agreement
Basic Information
Details Information
Creation of rights The OAPI system provides a regional filing and registration system. A single OAPI application may obtain trademark protection throughout the OAPI Member States.

Unlike the ARIPO Banjul system, an ordinary OAPI trademark application does not require designation of individual OAPI Member States.
Basis for filing An applicant may file a regional application directly with OAPI or, where applicable, through the competent national authority of an OAPI Member State.

An international trademark application under the Madrid System may also designate OAPI.
Well-known marks Protection against conflicting marks and the protection of well-known marks are governed by the applicable provisions of the Bangui Agreement and relevant principles of international trademark law.
Types of marks The OAPI system protects trademarks and service marks capable of distinguishing the goods or services of one undertaking from those of another.

The current framework accommodates various forms of marks, subject to the statutory requirements.
Priority A 6-month priority period is available where priority is claimed under the Paris Convention.
Madrid System OAPI is a member of the Madrid Protocol.

An applicant may seek protection in the OAPI territory through an international trademark registration designating OAPI, subject to the Madrid Protocol and Bangui Agreement.
Filing system A single OAPI application may provide protection throughout the OAPI Member States.

Individual Member State designations are not required under the ordinary OAPI regional filing system.
Classification Goods and services are classified according to the Nice Classification.

OAPI’s current BOPI publications expressly use the Nice Classification for trademarks.
Who can be Applicant Individuals and legal entities.
Representation Applicants who are required to act through a representative must use an OAPI-recognised/accredited agent in accordance with the applicable rules.
Examination The OAPI Office conducts examination of trademark applications.

The current system includes substantive examination of trademark applications in addition to formal examination.
Publication Accepted trademark applications are published in the OAPI Official Bulletin of Industrial Property (BOPI).

OAPI continues to publish regional trademark applications and registrations through the BOPI.
Opposition period 3 months from publication.

Opposition to trademark registration is filed before OAPI in accordance with the applicable provisions of Annex III of the Bangui Agreement.

OAPI maintains procedures for trademark ownership claims and oppositions.
Duration of registration 10 years from the filing date.
Renewal Renewable for successive periods of 10 years upon payment of the prescribed renewal fees.

OAPI provides for a 6-month grace period after expiry, subject to the applicable surcharge.
Non-use A registered trademark may be vulnerable to cancellation for non-use where the statutory requirements are satisfied.

The applicable non-use provisions should be assessed under Annex III of the Bangui Agreement and the facts of the particular registration.
Declaration of Use The current OAPI trademark framework includes a declaration-of-use requirement.

The applicable declaration should be diarised and filed in accordance with the prescribed OAPI procedure.
Effect of registration An OAPI trademark registration generally has effect throughout the OAPI Member States.

The OAPI system is centralised and is intended to provide a uniform regional title rather than separate national registrations.
Registration timeframe (straightforward case) Approximately 12–18 months, depending on examination, publication and whether an opposition or other objection is raised.

The actual timeframe may vary depending on the complexity of examination and the workload of OAPI.
Search
Details Information
Official Search Available through OAPI’s IP databases and prior-art search services.
Scope of search OAPI provides search facilities covering regional IP records.
Trademark searches may include identical and similarity searches, depending on the search requested.
Turnaround time Depends on the type of search requested and the applicable OAPI service
Ways to obtain protection
  • Filing a trademark application directly with the OAPI Office.
  • Filing through the competent industrial-property authority of an OAPI Member State, where permitted.
  • Filing an international trademark application under the Madrid System designating OAPI.
  • Because OAPI operates a centralised regional system, an ordinary OAPI application is not divided into separate national designations

Documentary Requirements

New Applications
  1. Completed OAPI trademark application form **MA301**.
  2. Applicant’s name and address.
  3. Representation of the mark.
  4. Specification of goods/services according to the Nice Classification.
  5. Applicant details and, where applicable, representative details.
  6. Priority details and priority document where priority is claimed.
  7. Power of Attorney where representation is required.
  8. Prescribed application fees.
  9. Any additional documents required under the applicable OAPI procedure
Renewal of Registration
  1. Renewal application/form **RM302**.
  2. Registration/application details.
  3. Details of the trademark proprietor.
  4. Prescribed renewal fees.
  5. Power of Attorney where representation is required.
Change of Name / Address Recordation
  1. Appropriate OAPI recordal form;
  2. Power of Attorney, where required;
  3. Supporting document evidencing the change;
  4. Trademark registration details/certificate; and
  5. Prescribed fee.
Assignment Recordation
  1. Appropriate OAPI recordal form;
  2. Power of Attorney from the assignee/representative, where required;
  3. Deed of Assignment or other supporting assignment document;
  4. Trademark registration details/certificate; and
  5. Prescribed fee.
Merger Recordation
  1. Appropriate OAPI recordal form;
  2. Power of Attorney;
  3. Merger certificate or other documentary evidence of the merger;
  4. Trademark registration details; and
  5. Prescribed fee.
License Recordation
  1. Appropriate OAPI recordal form;
  2. Power of Attorney;
  3. Licence agreement or supporting licence document;
  4. Trademark registration details; and
  5. Prescribed fee.

National Legislation

  • The principal legislation governing patents is Annex I of the Bangui Agreement, together with the applicable Implementing Regulations and Administrative Instructions.
  • A significant procedural development is that substantive examination of patents entered into force at OAPI on 1 January 2025.
Ways to obtain patent protection:
  1. Direct filing with OAPI;
  2. Filing through the competent national authority, where applicable;
  3. PCT regional phase application through OAPI; and
  4. Paris Convention priority filing.
Basic Information
Details Information
Claims admissible Patent applications should contain claims defining the scope of the invention in accordance with the requirements of Annex I.
Patentability An invention must satisfy the applicable requirements of novelty, inventive step and industrial applicability and must not fall within excluded subject matter.
Novelty The invention must be new in accordance with the applicable provisions of the Bangui Agreement.
Convention priority A priority claim may generally be made under the Paris Convention within 12 months from the first filing.
PCT regional phase OAPI may be designated in a PCT application. The regional phase is generally entered within 30 months from the priority date, subject to the applicable PCT and OAPI requirements.
Examination OAPI now conducts substantive examination of patent applications. The examination includes assessment of patentability and the relevant prior art/search requirements.
Publication A patent application is generally published approximately 18 months from the filing date or priority date, as applicable, subject to the provisions governing international applications.
Designated-state objection period As OAPI is a centralized system, there is no ARIPO-style designated-state objection period. Opposition/objection procedures are conducted under the OAPI system.
Protection term A patent is protected for 20 years from the filing date, subject to payment of the prescribed annual fees.
Annuity Annual maintenance fees are payable from the relevant year of the patent and continue through the 20-year term.
Late annuity Late payment of annual fees is permitted subject to the applicable grace period and surcharge.
Working / compulsory license The Bangui Agreement contains provisions concerning exploitation of patents and compulsory/non-voluntary licensing in the circumstances prescribed by law.
Grant timeframe There is no single fixed statutory period for completion of the entire grant process. The timeframe depends on publication, substantive examination and any opposition, objection or ownership proceedings.
Requirements

Direct OAPI Application

  1. Completed patent application form BR101;
  2. Description of the invention;
  3. One or more claims;
  4. Drawings, where applicable;
  5. Abstract;
  6. Applicant details;
  7. Inventor details;
  8. Priority document, where priority is claimed;
  9. Power of Attorney, where required;
  10. Prescribed official fees; and
  11. Other supporting documents required under the Bangui Agreement.

PCT Regional Phase Application

  1. Regional phase request/application;
  2. Details of the international application;
  3. Copy of the international application documents, where required;
  4. Description, claims, drawings and abstract;
  5. Translation into the required language, where applicable;
  6. Priority details/documents;
  7. Power of Attorney, where required;
  8. Prescribed regional phase fees;
  9. Relevant international search/examination documents, where applicable; and
  10. Compliance with the applicable regional phase deadline.

Utility Models

National Legislation

  • Utility models are governed by Annex II of the Bangui Agreement and the applicable Implementing Regulations and Administrative Instructions.
  • The current utility-model procedural and fee framework applies from 1 January 2025.

Ways to obtain protection for design

  1. Direct filing with OAPI;
  2. Filing through the competent national authority, where applicable; and
  3. Conversion of a patent application into a utility model application where the applicable requirements are satisfied.

Basic Information

  • Subject matter: Utility models protect qualifying technical innovations in accordance with the requirements of Annex II.
  • Novelty: The utility model must satisfy the applicable novelty requirements.
  • Industrial applicability: The subject matter must be capable of industrial application.
  • Examination: OAPI provides for examination of utility model applications under the current framework.
  • Publication: Accepted utility model applications are published in the relevant OAPI industrial property publication.
  • Opposition / ownership: The OAPI framework provides mechanisms for objections and ownership claims in accordance with the prescribed procedure.
  • Protection term: Utility model protection is generally available for 10 years from the filing date, subject to payment of the prescribed annual fees.
  • Annuity: Annual fees are payable during the term, including fees applicable to the 2nd–5th and 6th–10th years.
  • Conversion: The OAPI system permits conversion of a patent application into a utility model application subject to the applicable requirements and fees.

Requirements

  1. Completed utility model application form MU201;
  2. Description of the utility model;
  3. Claims;
  4. Drawings, where applicable;
  5. Abstract, where applicable;
  6. Applicant and inventor details;
  7. Priority document, where priority is claimed;
  8. Power of Attorney, where required;
  9. Prescribed official fees; and
  10. Other documents required under Annex II.

National Legislation

  • Industrial designs are governed by Annex IV of the Bangui Agreement, together with the applicable Implementing Regulations and Administrative Instructions.
Ways to obtain protection for design:
  1. Direct filing with OAPI;
  2. Filing through the competent national authority, where applicable;
  3. Paris Convention priority filing; and
  4. International registration under the Hague System where OAPI is designated and the applicable requirements are met.
Basic Information
Details Information
Subject matter Industrial design protection covers the ornamental or aesthetic appearance of a product in accordance with the applicable OAPI requirements.
Novelty The design must satisfy the applicable novelty requirements.
Priority A priority claim may generally be made under the Paris Convention within 6 months from the first filing.
Classification OAPI uses the Locarno Classification for industrial designs.
Examination OAPI examines applications for compliance with the applicable formal and substantive requirements.
Publication Registered designs are published in the OAPI Bulletin Officiel de la Propriété Industrielle, including the relevant design publication series.
Opposition / objection Administrative objection and ownership procedures are available under the applicable OAPI framework.
Protection term Protection is initially granted for 5 years and may be renewed for additional 5-year periods, subject to the applicable requirements, up to a maximum of 15 years.
Renewal Renewal is required for each additional period of protection and is subject to payment of the prescribed fees.
Timeframe The registration timeframe depends on examination, publication and any objection or ownership proceedings.
Requirements
  1. Completed industrial design application form DM401;
  2. Representation/reproduction of the design;
  3. Description, where applicable;
  4. Details of the applicant;
  5. Details of the creator/designer;
  6. Classification under the Locarno Classification;
  7. Priority details and priority document, where priority is claimed;
  8. Additional sheets/forms where required;
  9. Power of Attorney, where required;
  10. Prescribed official fees; and
  11. Other supporting documents required under Annex IV.

National Legislation

  • Copyright and related rights are principally governed by Annex VII of the Bangui Agreement, together with applicable national legislation and implementing provisions in the OAPI Member States.
Basic Information
Details Information
Creation of rights Copyright protection arises automatically upon the creation of an eligible original work. General registration with OAPI is not required to create copyright protection.
Subject matter Copyright protects the expression of an original work rather than an idea as such.
Protected works may include, among others Literary works; Books and written works; Computer software; Databases; Speeches and lectures; Dramatic works; Musical works; Audiovisual works Sound recordings; Artistic works; Photographic works Architectural works; and Works of applied art.
Originality The work must satisfy the applicable originality requirements.
Derivative works Derivative works may receive protection subject to the rights in the underlying work.
Moral and economic rights The copyright framework recognizes the applicable moral and economic rights of authors and other right holders.
Exceptions / limitations Copyright limitations and exceptions are governed by the applicable provisions of Annex VII and relevant national legislation.
Duration The duration of copyright protection is governed by Annex VII and the applicable national framework, depending on the nature of the work and the relevant right.
Registration There is no general OAPI copyright registration system equivalent to the registration system for trademarks, patents or industrial designs. Copyright protection is automatic.
Collective management OAPI provides a framework for literary and artistic property and collective management of copyright and related rights.

Requirements

  1. Evidence of creation and authorship;
  2. Original work or source files;
  3. Documents establishing the date of creation;
  4. Assignment agreements;
  5. Employment or commissioned-work agreements;
  6. Licence agreements;
  7. Chain-of-title documents; and
  8. National deposit or other evidentiary records, where appropriate.

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