Trademarks Law in Guinea-Bissau
Certainly! Here’s an overview of Trademark Law in Guinea-Bissau:
Trademark Law in Guinea-Bissau
Legal Framework
Guinea-Bissau is a member of OAPI (the African Intellectual Property Organization).
Trademark protection in Guinea-Bissau is governed by the Bangui Agreement, which is the regional IP law for OAPI member states.
There is no national trademark office in Guinea-Bissau; all trademark matters are handled centrally through OAPI.
The Bangui Agreement provides a unified system of registration and protection across all OAPI member countries.
Key Features
1. Trademark Registration System
Registration is centralized through OAPI’s office in Yaoundé, Cameroon.
A single trademark registration with OAPI grants protection in all OAPI member states, including Guinea-Bissau.
This system simplifies the process and lowers costs for protection in multiple African countries.
2. What Can Be Registered?
Any sign capable of distinguishing goods or services, such as:
Words, names, and slogans
Logos, designs, symbols
Letters and numerals
Three-dimensional shapes
Color combinations
3. Registration Process
Applications are filed with OAPI.
Examination includes formal and substantive review.
If accepted, applications are published in the OAPI Official Bulletin.
There is a 6-month opposition period during which third parties can oppose registration.
If unopposed or opposition is rejected, the trademark is registered.
4. Duration and Renewal
Trademark protection lasts for 10 years from the filing date.
Renewable indefinitely for successive 10-year periods.
Renewal must be requested before expiry, with a grace period available with payment of a surcharge.
5. Rights Conferred
Exclusive right to use the trademark within all OAPI member states.
Right to prevent unauthorized use or infringement.
Rights to license, transfer, or assign the trademark.
6. Infringement and Enforcement
Enforcement is through the national courts of the member states.
Remedies include injunctions, damages, seizure of counterfeit goods.
Criminal sanctions may apply for counterfeiting.
Customs authorities cooperate to prevent import/export of infringing goods.
7. International Treaties
OAPI member states, including Guinea-Bissau, are parties to:
Paris Convention
Madrid Protocol (via OAPI)
TRIPS Agreement
WIPO treaties
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Bangui Agreement (OAPI regional trademark law) |
| Registration Authority | OAPI (Centralized office in Yaoundé, Cameroon) |
| Protection Duration | 10 years, renewable |
| Registration System | Centralized for all OAPI members |
| Enforcement | National courts; criminal and civil remedies |
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