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AfricanLaw Community

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A public Q&A board where anyone can ask a legal question and verified lawyers across the continent respond.

47 questions
General 1 answer 136 views
What are the trademark registration duration and renewal terms for OAPI?
AfricanLaw
AfricanLaw ✓ Verified
Registration term is 10 years renewable for similar periods.
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General 1 answer 133 views
What are the opposition procedures for OAPI trademarks?
AfricanLaw
AfricanLaw ✓ Verified
Opposition is possible after the publication of the application. The opposition period is three (3) months from the publication date.
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General 1 answer 134 views
Is cancellation for non-use possible for an OAPI trademark?
AfricanLaw
AfricanLaw ✓ Verified
A trademark can be canceled for non-use if it has not been used within a period of 5 years. However, use in any member state will suffice.
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General 1 answer 118 views
What are the enforcement procedures for OAPI trademarks?
AfricanLaw
AfricanLaw ✓ Verified
A trademark owner can sue for infringement and this right extends to similar goods or services. Infringement cases are brought before the civil courts of member states. You can ask a lawyer to get professional advice.
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General 1 answer 152 views
Is online searching available for OAPI patents?
AfricanLaw
AfricanLaw ✓ Verified
The OAPI Office maintains an online database. However, this database is not available for non-official searching. You will need a resident lawyer.
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General 1 answer 125 views
What are the novelty requirements for an OAPI patent?
AfricanLaw
AfricanLaw ✓ Verified
Absolute novelty is required. However, novelty will not be destroyed by disclosure of the invention to the public within 12 months from the filing date.
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General 1 answer 124 views
Can an OAPI patent be obtained for methods of treatment and / or a pharmaceutical product?
AfricanLaw
AfricanLaw ✓ Verified
Methods of treatment, surgery or diagnosis are not patentable. However, patent protection can be secured for pharmaceutical compounds.
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