Industrial Designs Law in Sierra Leone
In Sierra Leone, industrial design protection is governed by the Patents and Industrial Design Act, 2012 (Act No. 10 of 2012), which provides a legal framework for the registration and enforcement of industrial designs.(WIPO)
๐ก๏ธ Legal Framework
Governing Legislation: The Patents and Industrial Design Act, 2012 serves as the primary legislation for industrial design protection in Sierra Leone.
International Treaties: Sierra Leone is a member of the Paris Convention for the Protection of Industrial Property, the African Regional Intellectual Property Organization (ARIPO) under the Harare Protocol, and the World Trade Organization (WTO), which administers the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. (ARIPO)
๐ Protection Criteria
To qualify for protection under the Act, an industrial design must meet the following criteria:
Novelty: The design must be new and not previously disclosed to the public anywhere in the world.(prextiplaw.com)
Originality: The design should reflect the creator's own intellectual effort.(prextiplaw.com)
Industrial Applicability: The design must be capable of being used in industry.(prextiplaw.com)
Additionally, the design must not be dictated solely by the technical function of the product. (prextiplaw.com)
๐ Registration Process
The registration process for industrial designs in Sierra Leone involves the following steps:
Filing an Application: Submit an application to the Office of the Administrator and Registrar General (OARG), which includes:(prextiplaw.com)
The applicant's full name, address, and nationality.(prextiplaw.com)
Representations of the design (drawings, photographs, or graphic representations).(prextiplaw.com)
A description of the design, highlighting its features.
The class/subclass under the Locarno Classification.(prextiplaw.com)
A statement of the product(s) to which the design applies.(prextiplaw.com)
Examination: The OARG examines the application to ensure compliance with formal requirements and checks whether the design meets the criteria of novelty and originality.(prextiplaw.com)
Publication: If the application complies with the requirements, the design is published, allowing third parties a 90-day period to file any objections.
Registration: If no opposition is filed or if opposition is resolved in favor of the applicant, the design is registered, and a certificate of registration is issued. (prextiplaw.com)
๐ Duration and Renewal
Initial Protection: The protection period for a registered industrial design is 5 years from the filing date.
Renewal: The protection can be renewed for two additional periods of 5 years each, totaling a maximum protection period of 15 years.
Grace Period: A grace period of 6 months is provided for late renewal, subject to payment of applicable fees. (prextiplaw.com)
โ๏ธ Enforcement and Legal Remedies
In case of infringement, the owner of a registered industrial design has the exclusive right to prevent unauthorized use. Legal actions can be initiated through the High Court of Sierra Leone, and remedies may include:
Injunctions: To stop the infringing activity.
Damages: Compensation for losses suffered due to the infringement.
Seizure of Infringing Goods: Through the procedure known as saisie-contrefaรงon, which allows for the seizure of counterfeit goods without prior notice to the alleged infringer.
Additionally, the Act provides for criminal sanctions for knowing infringement, including:(The Patriotic Vanguard)
A fine of up to 60 million leones.(The Patriotic Vanguard)
Imprisonment for a term not exceeding one year.(The Patriotic Vanguard)
Or both the fine and imprisonment. (The Patriotic Vanguard)
๐ International Protection
As a member of the Paris Convention, Sierra Leone allows designers to claim priority based on earlier filings in other member countries within 6 months of the initial filing. (Kashish World)
๐ Summary Table
Aspect
Details
Governing Law
Patents and Industrial Design Act, 2012
Governing Authority
Office of the Administrator and Registrar General (OARG)
Protection Criteria
Novelty, Originality, Industrial Applicability
Registration Process
Application, Examination, Publication, Registration
Duration
Initial 5 years, renewable for two 5-year terms (total 15 years)
Renewal Grace Period
6 months
Enforcement
High Court jurisdiction; remedies include injunctions, damages, and seizure
International Protection
Available via Paris Convention priority rights
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