Intellectual Property Laws at Mauritania
Mauritania has a developing framework for intellectual property (IP) protection, primarily governed by regional agreements and national laws. Here's an overview of the key aspects of IP law in Mauritania:
🏛️ Legal Framework
National Laws
Law No. 08/NA of December 24, 2007: This law serves as the primary legislation for IP protection in Mauritania, encompassing patents, trademarks, designs, and copyrights
Law No. 17/97: Specifically addresses the protection of industrial property, including patents
Regional Agreements
Bangui Agreement (Revised): Mauritania is a member of the African Intellectual Property Organization (OAPI), which administers the Bangui Agreement. This agreement provides a unified system for the protection of industrial property rights across member states
📄 Types of IP Protection
Patents
Protection Granted for inventions that are new, involve an inventive step, and are industrially applicable.
Application Filed through OAPI, covering all member state.
Duration 20 years from the filing date, with annual renewal fee.
Trademarks
Protection Covers distinctive signs capable of distinguishing goods or service.
Application Filed through OAPI, valid in all member state.
Duration 10 years from the registration date, renewable every 10 year.
Industrial Designs
Protection Aesthetic aspects of a product that are new and original.
Application Filed through OAP.
Duration 5 years from the registration date, extendable up to 15 year.
Copyrights
Protection Original works of authorship, including literary and artistic work.
Application Managed by the Ministry of Culture, Youth, and Sport.
Duration Life of the author plus 70 years.
🌐 International Treaties
Mauritania is a member of several key international IP treaties, including:
Paris Convention for the Protection of Industrial Property
Berne Convention for the Protection of Literary and Artistic Works
Patent Cooperation Treaty (PCT)
Madrid Agreement and Protocol for the International Registration of Marks
Hague Agreement Concerning the International Registration of Industrial Designs
*WIPO Copyright Treaty
These treaties facilitate the international protection of IP rights and ensure that Mauritanian creators and businesses receive reciprocal protection abroad.
⚖️ Enforcement and Legal Action
Enforcement of IP rights in Mauritania involves:
*Civil Actions: Filing lawsuits in civil courts for infringement.
*Criminal Actions: Penalties, including fines and imprisonment, for serious infringements.
*Customs Enforcement: The Agency for Consumer Protection, housed at the Ministry of Commerce, is responsible for quality control and the prevention of sales of counterfeit goods in local markets. However, its capabilities to track and enforce its regulations are limited.
📍 Contact Information
Industrial Property Office
*Name: Directorate of Industry
*Ministry: Ministry of Commerce, Industry, Handicraft, and Tourism
*Address: B.P. 387, Nouakchott
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