African Regional Intellectual Property Organization

Last updated
Map of current ARIPO members in blue, nations with observer status in green. African Regional Intellectual Property Organization.png
Map of current ARIPO members in blue, nations with observer status in green.

The African Regional Intellectual Property Organization (ARIPO), formerly African Regional Industrial Property Organization, is an intergovernmental organization for cooperation among African states in patent and other intellectual property matters. ARIPO was established by the Lusaka Agreement [1] of 1976. It has the capacity to hear applications for patents and registered trademarks in its member states who are parties to the Harare (patents), Banjul (marks) and Arusha (plant varieties) protocols. [1] ARIPO also features a protocol on the protection of traditional knowledge, the Swakopmund Protocol, [1] signed in 2010 by 9 member states of the organization which entered into force on May 11, 2015, and was amended on December 6, 2016.[ citation needed ]

Contents

ARIPO has the WIPO ST.3 code AP. Its 22 member states [2] are mostly English-speaking countries. Rwanda became the 18th member state on March 24, 2010, [3] [4] and São Tomé and Príncipe on May 19, 2014 (the Harare Protocol entered into force on August 19, 2014, with respect to São Tomé and Príncipe). [5] Seychelles became a member State of ARIPO on 1 January 2022. [6]

The name of the organization changed from African Regional Industrial Property Organization to African Regional Intellectual Property Organization in 2005.

History

Lusaka Agreement

At a patents and copyright seminar for English-speaking African countries organised in October 1972 by the World Intellectual Property Organisation (WIPO), the country representatives endorsed a plan to have WIPO and the United Nations Economic Commission for Africa (UNECA) organise a conference to discuss the harmonisation of industrial property legislation and the creation of a central office. [7] The conference, to which 19 English-speaking countries were invited, took place in Addis Ababa, Ethiopia, from 4 to 10 June 1974. [8] During the conference, a draft agreement toward the establishment of an organisation on industrial property for the English-speaking African countries was prepared and several resolutions were passed to facilitate that goal; it was also agreed to eventually hold a diplomatic conference to adopt the draft. [8]

The diplomatic conference to adopt the agreement was subsequently convened by WIPO and UNECA in Lusaka, Zambia, from 6 to 9 December 1976. [9] 13 English-speaking African countries sent delegates. [10] The "Agreement on the Creation of the Industrial Property Organization for English-speaking Africa" (Lusaka Agreement) was adopted on 9 December 1976 with Ghana, Kenya, Mauritius, Somalia, Uganda, and Zambia as original signatories. [11] It entered into force on 15 February 1978. [9] The general purpose of the new regional organisation, known at the time as ESARIPO, was to achieve a higher degree of cooperation in the area of industrial property; this included efforts to work toward the harmonisation and joint development of national industrial property laws. [10] The organisation was originally based in Nairobi, Kenya, until it was decided in 1981 to move the headquarters to Harare, Zimbabwe. [12]

Under the Lusaka Agreement, membership to ESARIPO was originally open to English-speaking African countries (Lusaka Agreement, art IV). The Agreement also provided that the organisation maintain a close working relationship with WIPO and UNECA (art V) and cooperate with other appropriate organisations (art VI) such as OAPI. [10] Early on, ESARIPO was especially focused on harmonisation efforts in the area of patent law. At the Diplomatic Conference in Lusaka, the members requested that until the organisation has established its own secretariat, WIPO and UNECA should "take the necessary preparatory steps for the implementation of the project to establish a patent documentation center in the framework of a regional Office". [13] This process culminated in the adoption of the Harare Protocol on patents on designs in 1982. [14]

Members

Membership and implemented protocols as of 31 December 2020[ needs update ] [15]
CountryDate of accession/ratification
Lusaka AgreementHarare ProtocolBanjul ProtocolSwakopmund ProtocolArusha Protocol
(not yet in force)
Flag of Botswana.svg  Botswana 6 February 19856 May 198529 October 200328 March 2012X
Flag of The Gambia.svg  Gambia 15 February 197816 January 1986X11 February 2015X
Flag of Ghana.svg  Ghana 15 February 197825 April 1984XXX
Flag of Kenya.svg  Kenya 15 February 197824 October 1984XXX
Flag of Lesotho.svg  Lesotho 23 July 198723 October 198712 February 1999XX
Flag of Liberia.svg  Liberia 24 December 200924 March 201024 March 201025 October 2016X
Flag of Malawi.svg  Malawi 15 February 197825 April 19846 March 199720 December 2012X
Flag of Mozambique.svg  Mozambique 8 February 20008 May 200015 May 2020XX
Flag of Namibia.svg  Namibia 14 October 200323 April 200414 January 200411 February 2015X
Flag of Rwanda.svg  Rwanda 24 June 201124 September 2011X16 July 20127 June 2019
Flag of Sao Tome and Principe.svg  São Tomé and Príncipe 19 May 201419 August 201427 November 2015X29 September 2020
Flag of Sierra Leone.svg  Sierra Leone 5 December 198025 February 1999XXX
Flag of Somalia.svg  Somalia 10 December 1981XXXX
Flag of Sudan.svg  Sudan 2 May 197825 April 1984XXX
Flag of Eswatini.svg  Swaziland 17 December 198717 March 19886 March 1997XX
Flag of Tanzania.svg  Tanzania 12 October 19831 September 19991 September 1999XX
Flag of Uganda.svg  Uganda 8 August 197825 April 198421 November 2000XX
Flag of Zambia.svg  Zambia 15 February 197826 February 1986X28 August 2015X
Flag of Zimbabwe.svg  Zimbabwe 11 November 198025 April 19846 March 199722 April 2013X

(Tanzania does not include Zanzibar, which operates under its own, independent intellectual property regime and maintains a separate office for the registration of intellectual property. [16] )

As of 31 December 2019, five countries have signed the Arusha Protocol of 6 July 2015 (Gambia, Ghana, Mozambique, São Tomé and Príncipe, and Tanzania). [17] As of 31 December 2020, two countries have ratified or acceded to it (Rwanda and São Tomé and Príncipe). [18] [19] For the Protocol to enter into force, four countries need to have deposited their instruments of ratification or accession. [20]

Seychelles became a member State of ARIPO on 1 January 2022. [6]

Observers

  1. Flag of Algeria.svg  Algeria
  2. Flag of Angola.svg  Angola
  3. Flag of Burundi.svg  Burundi
  4. Flag of Egypt.svg  Egypt
  5. Flag of Eritrea.svg  Eritrea
  6. Flag of Ethiopia.svg  Ethiopia
  7. Flag of Libya.svg  Libya
  8. Flag of Mauritius.svg  Mauritius
  9. Flag of Nigeria.svg  Nigeria
  10. Flag of South Africa.svg  South Africa
  11. Flag of Tunisia.svg  Tunisia

Organs

ARIPO's organisational structure consists of four organs: the Council of Ministers, the Administrative Council, the Secretariat, and the Board of Appeal.

Rights covered

Together, the two protocols constituting the organisation cover copyright, industrial design, patent, trademark, traditional knowledge and utility model rights. [21]

International cooperation

See also

Related Research Articles

<span class="mw-page-title-main">World Intellectual Property Organization</span> Specialised agency of the United Nations

The World Intellectual Property Organization is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020.

Technology transfer (TT), also called transfer of technology (TOT), is the process of transferring (disseminating) technology from the person or organization that owns or holds it to another person or organization, in an attempt to transform inventions and scientific outcomes into new products and services that benefit society. Technology transfer is closely related to knowledge transfer.

<span class="mw-page-title-main">United Nations Economic Commission for Africa</span> United Nations continental organization formed in 1958

The United Nations Economic Commission for Africa was established in 1958 by the United Nations Economic and Social Council to encourage economic cooperation among its member states following a recommendation of the United Nations General Assembly. It is one of five regional commissions.

<span class="mw-page-title-main">Southern Africa-Indian Ocean Division of Seventh-day Adventists</span> Sub-entity of the General Conference of Seventh-day Adventists

The Southern Africa-Indian Ocean Division (SID) of Seventh-day Adventists is a sub-entity of the General Conference of Seventh-day Adventists, which coordinates the Church's activities in the southern portion of Africa, which include the nations of Angola, Ascension Island, Botswana, Comoro Islands, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Réunion, São Tomé and Príncipe, Seychelles, South Africa, Swaziland, Zambia, Zimbabwe; as well as St. Helena and Tristan da Cunha, territories of the United Kingdom, and the Kerguelen Islands, territory of France. Its headquarters is in Centurion, South Africa. The Division membership as of June 30, 2021 is 4,281,416.

A patent office is a governmental or intergovernmental organization which controls the issue of patents. In other words, "patent offices are government bodies that may grant a patent or reject the patent application based on whether the application fulfils the requirements for patentability."

Industrial property is one of two subsets of intellectual property, it takes a range of forms, including patents for inventions, industrial designs, trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications and protection against unfair competition. In some cases, aspects of an intellectual creation, although present, are less clearly defined. The object of industrial property consists of signs conveying information, in particular to consumers, regarding products and services offered on the market. Protection is directed against unauthorized use of such signs that could mislead consumers, and against misleading practices in general.

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, or Budapest Treaty, is an international treaty signed in Budapest, Hungary, on April 28, 1977. It entered into force on August 19, 1980, and was later amended on September 26, 1980. The treaty is administered by the World Intellectual Property Organization (WIPO).

A utility model is a patent-like intellectual property right to protect inventions. This type of right is available in many countries but, notably, not in the United States, United Kingdom or Canada. Although a utility model is similar to a patent, it is generally cheaper to obtain and maintain, has a shorter term, shorter grant lag, and less stringent patentability requirements. In some countries, it is only available for inventions in certain fields of technology and/or only for products. Utility models can be described as second-class patents.

<span class="mw-page-title-main">Foreign relations of the African Union</span> An African International agency

The individual member states of the African Union (AU) coordinate foreign policy through this agency, in addition to conducting their own international relations on a state-by-state basis. The AU represents the interests of African peoples at large in intergovernmental organizations (IGO's); for instance, it is a permanent observer at the United Nations' General Assembly.

<span class="mw-page-title-main">Economic Community of Central African States</span> Economic bloc in Central Africa

The Economic Community of Central African States is an Economic Community of the African Union for promotion of regional economic co-operation in Central Africa. It "aims to achieve collective autonomy, raise the standard of living of its populations and maintain economic stability through harmonious cooperation".

Intellectual property law in Romania has developed significantly in the period since the Romanian Revolution of 1989 because of the need to enforce various regional and international treaties and agreements, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the European Directives on Biotechnological Inventions, on Trademarks and Geographical Indications, and on Supplementary protection certificates, the Trademark Law Treaty, the Patent Law Treaty, and the European Union regulation on the Community Trademark, and the need to harmonize domestic patent law with the European Patent Convention (EPC) and with the European Union.

<span class="mw-page-title-main">Organisation Africaine de la Propriété Intellectuelle</span>

The Organisation Africaine de la Propriété Intellectuelle or OAPI is an intellectual property organization, headquartered in Yaoundé, Cameroon. The organisation was created by Bangui Agreement of March 2, 1977. The Bangui Agreement was subsequently amended in 1999.

Intellectual property organizations are organizations that are focused on copyrights, trademarks, patents, or other intellectual property law concepts. This includes international intergovernmental organizations that foster governmental cooperation in the area of copyrights, trademarks and patents, as well as non-governmental, non-profit organizations, lobbying organizations, think tanks, notable committees, and professional associations.

World Intellectual Property Indicators (WIPI) is an annual statistical report published by the World Intellectual Property Organization (WIPO). The publication provides an overview of the activity in the areas of patents, utility models, trademarks, industrial designs, microorganisms, plant variety protection, geographical indications and the creative economy.

Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.

The Uganda Performing Rights Society (UPRS) was formed in 1985 by authors to advance the cause of copyright administration in Uganda. It registered with the Registrar of Companies as a Company Limited by Guarantee having no share capital as it belongs to all of its members.

The Industrial Designs Act, 2003 is a Ghanaian act to revise the enactments on the protection of industrial designs and to provide for related matters. The Act is one of the Seven Acts that exist to protect Intellectual Property Rights in Ghana namely; Protection against Unfair Competition Act, 2000 ; Industrial Designs Act, 2003 ; Geographical Indications Act, 2003 ; Patents Act, 2003 ; Trademarks Act, 2004 ; Layout-Designs (Topographies) of Integrated Circuits Act, 2004 and Copyrights Act, 2005.

<span class="mw-page-title-main">Intellectual Property Agency of Armenia</span>

The Intellectual Property Agency of Armenia (AIPA) is the patent office of Armenia. The agency works under the supervision of the Ministry of Economy of Armenia and is tasked with granting patent and IP address protections, trademarks, and copyrights for objects of industrial property, inventions and usage patterns, industrial design, and commercial and service marks, among others.

References

  1. 1 2 3 See the list of ARIPO-administered treaties Archived 2016-11-12 at the Wayback Machine at WIPO website. Consulted on July 4, 2013.
  2. ↑ "Member States - The African Regional Intellectual Property Organization (ARIPO)". www.aripo.org. Retrieved 13 October 2023.
  3. ↑ ARIPO web site, Rwanda Joins ARIPO Archived November 1, 2009, at the Wayback Machine , News, Thursday, 4 August 2011. Consulted on September 16, 2011.
  4. ↑ Rwanda Joins ARIPO Archived 2013-01-02 at the Wayback Machine , PCT Newsletter, September 2011, No. 09/2010, p. 1.
  5. ↑ "Sào Tomé and Príncipe". ARIPO. Archived from the original on 27 April 2016. Retrieved 30 May 2014.; "Sao Tome and Principe Joins ARIPO". PCT Newsletter, No. 06/2014. WIPO. June 2014. Archived from the original on 23 July 2014. Retrieved 28 June 2014.
  6. 1 2 "Seychelles joins ARIPO". www.wipo.int. WIPO. November 2021. Retrieved 18 December 2021. ... Seychelles will become a member State of ARIPO with effect from 1 January 2022...
  7. ↑ T Kongolo, "History of intellectual property in Africa" (2017) 39 EIPR 428, 433; T Kongolo, African Contributions in Shaping the Worldwide Intellectual Property System (Ashgate 2013) 75; ES Nwauche, "An Evaluation of the African Regional Intellectual Property Right Systems" (2003) 6 JWIP 101, 128.
  8. 1 2 T Kongolo, "History of intellectual property in Africa" (2017) 39 EIPR 428, 434.
  9. 1 2 T Kongolo, "Historical Developments of Industrial Property Laws in Africa" (2013) 5 WIPOJ 105, 113.
  10. 1 2 3 International Bureau of WIPO, "Diplomatic Conference for the Adoption of an Agreement on the Creation of an Industrial Property Organization for English-Speaking Africa" (1977) 16 Industrial Property 43, 43.
  11. ↑ CB Ncube, Intellectual Property Policy, Law and Administration in Africa (Routledge 2016) 98; T Kongolo, "Historical Developments of Industrial Property Laws in Africa" (2013) 5 WIPOJ 105, 113. The original text of the Lusaka Agreement is reprinted as Text 1-002 in [1977] Industrial Property Laws and Treaties.
  12. ↑ MH Chirambo, "The African Regional Industrial Property Organization (ARIPO) as an Example of Regional Cooperation in the Field of Patents (WIPO/INV/BEI/02/10)" (2002) 8.
  13. ↑ International Bureau of WIPO, "Diplomatic Conference for the Adoption of an Agreement on the Creation of an Industrial Property Organization for English-Speaking Africa" (1977) 16 Industrial Property 43, 44.
  14. ↑ Cf T Kongolo, "Historical Developments of Industrial Property Laws in Africa" (2013) 5 WIPOJ 105, 113.
  15. ↑ ARIPO, "PERMANENT NOTICES" Archived 2021-01-28 at the Wayback Machine (31 December 2020) 37(12) ARIPO Journal, 2.
  16. ↑ ED de Plessis, Adams & Adams Practical Guide to Intellectual Property in Africa (Pretoria University Law Press 2012) 567, 584ff; BM Wood-Kahari, "ARIPO" in E Fennessy (ed), Trademarks Throughout the World (Clark Boardman Callaghan) (looseleaf, October 2019 Update), para 9A:1.
  17. ↑ ARIPO, "ARIPO 2019 Annual Report" Archived 2020-12-04 at the Wayback Machine (2020) accessed 19 January 2021, 13.
  18. ↑ ARIPO, "Rwanda takes the lead in joining the Arusha Protocol for the Protection of New Varieties of Plants within the framework of ARIPO" Archived 2021-01-28 at the Wayback Machine (7 June 2019) accessed 19 January 2021.
  19. ↑ ARIPO, "São Tomé and Príncipe Ratifies the Arusha Protocol" Archived 2021-01-27 at the Wayback Machine (1 October 2020) accessed 19 January 2021.
  20. ↑ Arusha Protocol 2015, art 40(3).
  21. ↑ "ARIPO Patent Office homepage". Archived from the original on 2010-05-01. Retrieved 2008-02-12.
  22. ↑ "Eurasian Patent Organization (EAPO)". www.eapo.org. Archived from the original on 2021-03-29. Retrieved 2021-04-03.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.