Industrial Designs Law in Gabon
In Gabon, industrial design protection is governed by the Bangui Agreement, administered by the African Intellectual Property Organization (OAPI). This regional framework provides a unified system for the protection of industrial designs across its member states, including Gabon.(TRADEMARKCOPIA)
📜 Legal Framework
Gabon established the Centre Gabonais de la Propriété Industrielle (CEPIG) under Law No. 14/2002. CEPIG serves as the national authority for industrial property matters, including industrial designs, and acts as a liaison with OAPI .(WIPO)
🛡️ Industrial Design Protection in Gabon
Under the Bangui Agreement, industrial designs in Gabon are protected through a regional registration system managed by OAPI. Key aspects include:
Registration: Designs must be registered with OAPI; national registrations are not permitted.(Smit & Van Wyk)
Novelty: The design must be new and not previously disclosed.
Duration: Protection lasts for 5 years from the filing date, with the possibility of renewing for two additional 5-year periods, totaling a maximum of 15 years .
International Protection: Gabon is a member of the Hague Agreement, allowing for international registration of designs through OAPI .(Smit & Van Wyk)
🏢 Administrative Authority
The Centre Gabonais de la Propriété Industrielle (CEPIG) is responsible for:
Receiving national applications before forwarding them to OAPI.(Wikipedia)
Providing technical assistance to applicants.
Promoting industrial property awareness and combating infringements .(WIPO)
🌐 International Treaties
Gabon, through its membership in OAPI, is a party to several international agreements:
Paris Convention: Provides a right of priority for design applications.
Hague Agreement: Facilitates international registration of designs.(Wikipedia)
WIPO-administered Treaties: Including the Berne Convention and the Patent Cooperation Treaty (PCT) .(Wikipedia)
📌 Practical Considerations
Application Process: Applications must be filed with CEPIG, which will forward them to OAPI.(WIPO)
Legal Assistance: Engaging with local intellectual property attorneys or consultants is advisable for navigating the registration process and ensuring compliance.
Enforcement: While OAPI provides regional protection, enforcement of design rights is the responsibility of national courts in Gabon.
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