Industrial Designs Law in Guinea
In Guinea, industrial design protection is governed by the Bangui Agreement, administered by the Organisation Africaine de la Propriété Intellectuelle (OAPI). Guinea is a member state of OAPI, which provides a unified legal framework for intellectual property rights across its member countries.
📝 Registration Process
Eligibility Criteria:
Novelty: The design must be new and not previously disclosed to the public.
Individual Character: The design must have a unique appearance, differing from existing designs.
Application Procedure:
Filing: Submit the application to the OAPI office.
Examination: OAPI examines the application to ensure it meets the formal and substantive requirements.(
Publication: If accepted, the design is published for opposition purposes.
Registration: If no opposition is filed, a registration certificate is issued.
The application process is centralized through OAPI, eliminating the need for separate filings in individual member states.
⏳ Duration and Renewal
Initial Protection: The registration of an industrial design is valid for 5 years from the filing date.
Renewal: The registration can be renewed for two additional consecutive periods of 5 years each, totaling a maximum of 15 years.
Renewal Requirements: To renew, the registered owner must file a request for renewal and pay the prescribed renewal fee within the specified period.
🌍 International Protection via the Hague System
Guinea is a member of the Hague Agreement Concerning the International Registration of Industrial Designs, administered by the World Intellectual Property Organization (WIPO). This agreement allows designers to obtain protection for their industrial designs in multiple countries through a single international application. By designating OAPI, which covers all OAPI member states including Guinea, designers can extend their design protection across the region.
⚖️ Enforcement and Legal Remedies
Registered design owners in Guinea have the exclusive right to prevent third parties from using their design without permission. In case of infringement, the owner can:
Injunctions: Seek court orders to stop the infringing activities.
Damages: Claim compensation for losses suffered due to the infringement.
Account of Profits: Request an account of profits made by the infringer from the unauthorized use of the design.
These legal actions are available under the provisions of the Bangui Agreement.
✅ Summary
Governing Legislation: Bangui Agreement administered by OAPI.
Registration Authority: OAPI Office.
Application Process:
File application with OAPI.
Undergo examination.
Publication for opposition.
Issuance of registration certificate.
Duration:
Initial protection: 5 years.
Renewable for two additional 5-year periods, totaling 15 years.
International Protection: Available through the Hague System by designating OAPI
Enforcement: Legal actions available for infringement.
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