Industrial Designs Law in Togo
Here’s an overview of the Industrial Designs Law in Togo:
🇹🇬 Industrial Designs Law in Togo
📜 Legal Framework
Industrial designs in Togo are governed by the OHIM / ARIPO / OAPI system, as Togo is a member of the African Intellectual Property Organization (OAPI).
OAPI provides a unified IP system for its member states, including Togo.
The main applicable legislation is the Bangui Agreement relating to the creation of OAPI, which covers industrial designs.
Togo is also a member of the Paris Convention through OAPI.
🎨 Definition of Industrial Design
An industrial design protects the appearance of a product or part of a product, including:
Lines
Contours
Colors
Shape
Texture
The design must be new and possess an individual character.
📝 Registration Process
Authority: African Intellectual Property Organization (OAPI) based in Yaoundé, Cameroon.
Application Requirements:
Application form
Clear representation of the design (drawings, photos)
Description of the design (optional)
Payment of fees
Examination: OAPI conducts formal examination only (no substantive examination).
Publication: Registered designs are published in the OAPI Bulletin.
⏳ Duration of Protection
Initial protection term: 5 years from the filing date.
Renewable up to a maximum of 15 years (renewable twice for 5 years each).
🚫 Infringement and Enforcement
Infringement actions can be taken before national courts of member states.
Remedies include injunctions, damages, and destruction of infringing goods.
OAPI provides a centralized system, but enforcement is national.
🌍 International Protection
OAPI membership allows applicants to file a single application for protection across all member states, including Togo.
Priority claims are recognized under the Paris Convention.
Togo is not independently a member of the Hague System; design protection via OAPI covers all member states.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Bangui Agreement (OAPI) |
| Registration Authority | OAPI |
| Protection Term | 5 years, renewable to 15 years |
| Examination | Formal only |
| International Treaties | Paris Convention (via OAPI) |
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