Industrial Designs Law in Chad
Certainly! Here’s an overview of Industrial Designs Law in Chad:
Industrial Designs Law in Chad
Legal Framework
Chad is a member of the African Intellectual Property Organization (OAPI), which provides a regional system for the protection of industrial designs among its member states.
Industrial design protection in Chad is governed by the revised Bangui Agreement of March 2, 1977, specifically Annex IV, which deals with industrial designs.
OAPI acts as the central registration authority for all member states, including Chad.
Chad is also a party to the Paris Convention and the TRIPS Agreement via its OAPI membership.
Key Features
1. What Can Be Protected?
The appearance of a product, including:
Lines
Contours
Shapes
Textures or materials
Ornamentation
Both two-dimensional and three-dimensional designs are eligible.
The design must be new and have an individual character (not previously disclosed or known).
2. Registration Process
Applications are submitted to OAPI (in Yaoundé, Cameroon), not to a national office in Chad.
One registration provides protection in all OAPI member countries, including Chad.
Application must include:
Representations of the design (drawings or photographs)
Description of the design
Filing fee
OAPI conducts formal examination (not a substantive examination for novelty).
Once accepted, the design is published in the OAPI Official Bulletin.
There is an opposition period after publication.
3. Duration and Renewal
Initial protection: 5 years from the filing date.
Renewable for two additional 5-year periods.
Maximum protection: 15 years.
4. Rights Conferred
Exclusive rights to use and exploit the design in Chad and other OAPI member states.
Right to prevent unauthorized making, selling, or importing of products using the protected design.
Right to assign or license the design.
5. Infringement and Enforcement
Enforcement takes place in the national courts of Chad, applying OAPI laws.
Remedies include:
Injunctions
Damages
Seizure and destruction of infringing products
Criminal penalties may apply in cases of counterfeiting.
6. International Treaties
Via OAPI, Chad benefits from:
Paris Convention (priority right)
TRIPS Agreement (WTO IP standards)
Hague System: Chad is not a member, and cannot be designated via an international design application under the Hague Agreement.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | OAPI (Bangui Agreement – Annex IV) |
| Registration Authority | OAPI (centralized for member states) |
| Protection Duration | 5 years, renewable up to 15 years |
| International Systems | Paris Convention, TRIPS (via OAPI); not Hague |
| Enforcement | National courts; civil and criminal remedies |
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