Industrial Designs Law in Equatorial Guinea
Here’s an overview of industrial designs law in Equatorial Guinea:
🇬🇶 Industrial Designs Law in Equatorial Guinea
🔹 Governing Law
Equatorial Guinea’s intellectual property framework, including industrial designs, is governed by national laws and regional agreements.
The country is a member of the African Intellectual Property Organization (OAPI), which administers IP rights regionally.
Industrial design protection in Equatorial Guinea is primarily regulated under OAPI’s Bangui Agreement.
🔹 What Can Be Protected?
Industrial designs protect the ornamental or aesthetic aspects of products.
This includes:
Shape
Configuration
Pattern
Colors
Lines
The design must be new and possess individual character.
Functional features are excluded from protection.
🔹 Registration Process
Industrial design registration is done through OAPI, which covers Equatorial Guinea and other member states.
A single application with OAPI provides protection across all member states.
The process includes:
Filing: Submit application to OAPI with representations of the design.
Examination: OAPI checks formalities.
Publication: Application is published in the official OAPI Bulletin.
Opposition: Third parties may oppose within a set period.
Registration: If no opposition or opposition is resolved, registration is granted.
🔹 Duration and Renewal
Initial protection lasts for 5 years from the filing date.
Renewable twice for periods of 5 years each.
Maximum total duration of protection is 15 years.
🔹 Rights Granted
Exclusive right to use the design.
Right to prevent unauthorized manufacturing, selling, or importing products with the protected design.
Rights can be licensed or assigned.
🔹 Enforcement
Enforcement is through national courts in Equatorial Guinea and regional mechanisms under OAPI.
Remedies include injunctions, damages, and seizure of infringing goods.
🔹 International Treaties and Memberships
| Treaty/Organization | Status |
|---|---|
| African Intellectual Property Organization (OAPI) | Member |
| Bangui Agreement | Governing framework |
| Paris Convention | Member (via OAPI) |
| TRIPS Agreement | Member (via OAPI) |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | OAPI Bangui Agreement |
| Authority | African Intellectual Property Organization (OAPI) |
| Duration | 5 years, renewable twice (max 15 years) |
| Registration | Via OAPI |
| Rights granted | Exclusive use, licensing, assignment |
| Enforcement | National courts and OAPI mechanisms |
| International treaties | Paris, TRIPS (via OAPI) |
Key Takeaway
To protect industrial designs in Equatorial Guinea, apply through the OAPI regional system, which grants protection across multiple African member states including Equatorial Guinea.
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