Industrial Designs Law in Congo
Industrial Designs Law in the Republic of the Congo (Congo-Brazzaville) is governed primarily under the regional framework of the African Intellectual Property Organization (OAPI), of which Congo is a member. This means industrial design protection is regulated through OAPI’s centralized system.
Key Features of Industrial Designs Law in Congo
1. Legal Framework
As a member of OAPI (Organisation Africaine de la Propriété Intellectuelle), Congo follows the Bangui Agreement which harmonizes industrial property rights—including industrial designs—across OAPI member states.
📄 Registration Process
Centralized Filing
Industrial design applications are submitted to the OAPI Office in Yaoundé, Cameroon.
A single application covers protection in all OAPI member states, including Congo.
Examination
OAPI conducts a formal examination to verify that the application meets procedural requirements.
There is typically no substantive examination of novelty or originality prior to registration.
Publication
Registered designs are published in the OAPI Official Bulletin to notify the public and member states.
Registration
Upon approval, a certificate of registration is issued valid across all OAPI member states.
⏳ Duration of Protection
Initial protection is granted for 5 years from the filing date.
The protection can be renewed twice, each time for 5 years, for a maximum total term of 15 years.
⚖️ Rights Conferred
The owner has exclusive rights to use, license, or assign the industrial design throughout Congo and all OAPI member states.
Protection prohibits unauthorized manufacture, sale, or importation of products bearing the protected design.
🌍 International Treaties
Through OAPI, Congo is a party to:
The Paris Convention for the Protection of Industrial Property
The Bangui Agreement governing regional IP rights
The TRIPS Agreement via WTO membership.
🛡️ Enforcement
Enforcement of industrial design rights occurs through the national courts of Congo.
OAPI supports regional coordination, but enforcement depends on local legal systems.
✅ Summary
Industrial designs in Congo are protected under the regional OAPI system with centralized filing and registration.
Protection lasts up to 15 years (5 years initial, plus two renewals).
Congo is part of international IP treaties via OAPI and WTO.
Enforcement is local, supported by regional cooperation through OAPI.
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