Industrial Designs Law in Guinea-Bissau
Industrial Designs Law in Guinea-Bissau is primarily governed by its membership in the African Intellectual Property Organization (OAPI), which provides a unified system for the registration and protection of industrial designs across its member states.
Key Features of Industrial Designs Law in Guinea-Bissau
1. Legal Framework
Guinea-Bissau is a member of OAPI (Organisation Africaine de la Propriété Intellectuelle).
Industrial design protection is regulated under the Bangui Agreement, which harmonizes industrial property rights for all OAPI member states.
📄 Registration Process
Centralized Filing
Applications for industrial design protection are submitted to the OAPI Office in Yaoundé, Cameroon.
A single application provides protection in all OAPI member states, including Guinea-Bissau.
Examination
OAPI conducts a formal examination to ensure compliance with filing requirements.
There is no substantive examination of novelty or originality prior to registration.
Publication
Registered designs are published in the OAPI Official Bulletin, notifying all member states.
Registration
Upon approval, a certificate of registration is issued valid across all OAPI member states.
⏳ Duration of Protection
Protection is granted for an initial period of 5 years from the filing date.
The protection can be renewed twice, each renewal for 5 years, making a total maximum term of 15 years.
⚖️ Rights Conferred
The holder of the registration has exclusive rights to use, license, or assign the design within Guinea-Bissau and other OAPI states.
Unauthorized use, reproduction, or importation of products bearing the design is prohibited.
🌍 International Treaties
Through OAPI membership, Guinea-Bissau is party to:
The Paris Convention for the Protection of Industrial Property
The Bangui Agreement governing regional IP rights
The TRIPS Agreement as a member of the WTO
🛡️ Enforcement
Enforcement of industrial design rights is carried out through Guinea-Bissau’s national courts.
OAPI provides regional coordination but actual enforcement depends on local legal and judicial systems.
✅ Summary
Industrial designs in Guinea-Bissau are protected under the OAPI system via centralized filing and registration.
Protection lasts up to 15 years (initial 5 years plus two renewals).
Guinea-Bissau is part of key international IP treaties through OAPI and WTO.
Enforcement is local with regional support through OAPI.
RELATED Blog
0 comments