Industrial Designs Law in Burkina Faso
In Burkina Faso, industrial designs are governed by the African Intellectual Property Organization (OAPI), which provides a unified legal framework for the protection of industrial designs across its 17 member states, including Burkina Faso.
📝 Registration Process
1. Eligibility Criteria
To be eligible for registration, an industrial design must be:
Novel: The design must be new and not previously disclosed to the public.
Original: The design should have an individual character.
Industrially Applicable: The design must be capable of being used in industry or handicrafts.
2. Application Submission
Applications for industrial design registration must be submitted to the OAPI. A single application covers all member states. The application should include:
A clear representation or specimen of the design.
A brief description of the design.
Applicant's details.
Payment of the prescribed application fee.
The application fee is approximately EUR 1,950 (including official registration fees).
3. Examination and Publication
Upon receipt, OAPI will examine the application to ensure compliance with the requirements. If the application meets the criteria, it will be published in the Official Gazette. This publication initiates a one-month opposition period during which third parties can challenge the registration.
4. Registration and Certificate
If no opposition is filed, or if any opposition is resolved in favor of the applicant, the design proceeds to registration. A Certificate of Registration is issued, granting the proprietor exclusive rights to the design.
⏳ Duration and Renewal
Initial Protection: 5 years from the filing date.
Renewal: The protection can be renewed for two further terms of 5 years each, allowing for a total protection period of up to 15 years
🌍 International Protection
Burkina Faso is a member of the Hague Agreement Concerning the International Registration of Industrial Designs. This allows applicants to seek protection for their designs in multiple countries or regions through a single application filed directly with the World Intellectual Property Organization (WIPO).
⚖️ Enforcement and Legal Remedies
Registered design owners in Burkina Faso have the right to take legal action against infringement. Remedies include:
Injunctions: Court orders to stop infringing activities.
Damages: Compensation for losses suffered due to infringement.
Account of Profits: Recovery of profits made by the infringer from the unauthorized use of the design.
Criminal Offenses: Design infringement may constitute a criminal offense under Burkinabe law, with penalties including imprisonment and/or fines.
✅ Summary
Governing Legislation: OAPI's legal framework for industrial designs.
Registration Authority: OAPI.
Application Process: Submit application with required documents, undergo examination and publication, and receive registration certificate.
Duration: Initial protection of 5 years, renewable for two further terms of 5 years each
International Protection: Available through the Hague Agreement.
Enforcement: Legal actions available for infringement.
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