Industrial Designs Law in Ivory Coast
Here’s an overview of industrial designs law in Ivory Coast (Côte d'Ivoire):
🇨🇮 Industrial Designs Law in Ivory Coast
🔹 Governing Law
Industrial designs in Ivory Coast are protected under the Bangui Agreement, administered by the African Intellectual Property Organization (OAPI).
Ivory Coast is a member of OAPI, a regional organization that provides centralized registration and protection of intellectual property for its member states.
OAPI’s regulations govern industrial design protection uniformly across member countries.
🔹 What Can Be Protected?
Industrial designs protect the ornamental or aesthetic aspects of a product or part of a product.
This includes:
Shape
Configuration
Pattern
Lines
Colors
The design must be new and have individual character.
Functional or technical features are excluded.
🔹 Registration Process
Industrial design applications are filed directly with OAPI, which grants protection throughout its member states, including Ivory Coast.
The process includes:
Filing: Submit application with clear representations (drawings, photographs).
Formal Examination: OAPI reviews the application for compliance.
Publication: Applications are published in the official OAPI Bulletin.
Opposition: Third parties may oppose registration within a specified period.
Registration: If no opposition or opposition is resolved, the design is registered and a certificate issued.
🔹 Duration and Renewal
Initial protection lasts for 5 years from the filing date.
Renewable twice, each renewal for 5 years.
Maximum total protection period is 15 years.
🔹 Rights Granted
Exclusive rights to manufacture, use, sell, or import products bearing the registered design.
Right to prevent unauthorized use by third parties.
Rights can be licensed, assigned, or transferred.
🔹 Enforcement
Enforcement of industrial design rights is carried out through national courts in Ivory Coast and through OAPI mechanisms.
Remedies may include injunctions, damages, and seizure of infringing goods.
🔹 International Treaties and Memberships
| Treaty/Organization | Status |
|---|---|
| African Intellectual Property Organization (OAPI) | Member |
| Bangui Agreement | Governing framework |
| Paris Convention | Member (via OAPI) |
| TRIPS Agreement | Member (via OAPI) |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | OAPI Bangui Agreement |
| Authority | African Intellectual Property Organization (OAPI) |
| Duration | 5 years, renewable twice (max 15 years) |
| Registration | Via OAPI |
| Rights granted | Exclusive use, licensing, assignment |
| Enforcement | National courts and OAPI mechanisms |
| International treaties | Paris, TRIPS (via OAPI) |
Key Point
To protect industrial designs in Ivory Coast, applicants must file through the OAPI regional system, which provides centralized protection across multiple African countries including Ivory Coast.
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