Introduction:
Africa is unique and dazzling in its own way quite distinct and flavourful in its food, attire, culture, art and craft and most importantly, in the various designs present by its native, ethnic and tribal people. With the second largest population in the world and a well over thousand languages spoken by the people of Africa, the same is represented through its myriad art and culture.
This design paradigm is redefined, upon ‘industrial designs’ running parallel to ‘decorative arts’ thus bringing Africa at par with global trends and practices. Africa as an emerging and futuristically aligned continent has become a design hub offering challenges and experiences like no other.
Pointers:
Design registration in Africa can be through National, Regional and the International Route.
Regional Route: Africa has two regional routes for design registration which are:
ARIPO – comprising of Anglophone countries and
OAPI - comprising of Francophone countries.
National Route: Countries not members of the above organisations have to be approached individually for design registration.
International Route: through the HAGUE Convention.
The Regional Routes:
OAPI has 17 member nations and ARIPO has 18 member nations totalling to 35 countries.
OAPI serves as the national office for each country and an OAPI application automatically extends to all member states, as these member states have given up their national IP legislation in lieu of the membership, thus making OAPI a unitary system.
ARIPO member states have retained national IP legislation and applications may still be filed through national patent offices or if through the ARIPO route, then nations of interest to be designated, thus making ARIPO a designating system.
PAIPO: ARIPO and OAIP are a combination of 36 countries out of a total of 54 countries leaving behind 18 countries. Therefore, the idea of a Pan African Intellectual Office the PAIPO, catering to the needs, requirements, realities and nuances of the whole of Africa was floated. This would also espouse a harmonised IP system facilitating capacity building, funding and IP development. In this regard both the sister organisations ARIPO and OAIP signed an agreement in 2017 toward PAIPO to be chartered out at the earliest.
Legal Definition:
In order to protect industrial designs, the legal definition of the same has to be looked at which is as below:
Legally an Industrial design is:
Benefits of Industrial Design protection:
Essentialities of International Designs Registration and Protection:
It is important to register designs in as many countries as possible because:
As aforementioned, www.paritypatent.com with its colleagues in 135 countries is equipped in filing international designs applications in the applicant’s chosen countries.
International protection of Industrial Designs:
Internationally, Industrial Designs are protected through various international treaties and conventions such as:
From amongst the above, the Hague System of International Design Registration is most important for those looking to cover many countries at one go. The remaining three are self explanatory and are the best choices when the applicant wishes to register their designs in countries not party to the Hague Agreement.
The Hague System:- Some Important Pointers: