A Compendium of Information on IP Systems in Countries of Asia, Africa and Latin America. THIS IS A DRAFT AND WILL BE UPDATED IN DURING 2010 Disclaimer: this compendium is not an official representation for these IP systems. However, links are provided so that the proper governmental offices can be contacted. Those of us that work in the area of intellectual property (IP) often long to find sources that cover a collection of information where it is easy to find what we want, is dependable, and is concise. This Compendium is that sort of work, (that we hope to update on an annual basis). The IP systems of thirteen countries located in Asia, Africa and Latin America are briefly described, with a chapter on the European and U.S. system for comparative purposes. Links for official governmental (on-line) sites are provided for those that need official information. It represents the work of members of the National Partners Initiative (NPI), a community of intellectual property (IP) practitioners. The NPI is supported by its members and the funding generosity provided by the Directorate-General for International Cooperation (DGIS), Ministry of Foreign Affairs of the Netherlands and the Centers of the Consultative Group on International Agricultural Research (CGIAR), through the CGIAR-Central Advisory Service on Intellectual Property (CAS-IP).

1. A Snapshot Guide to
Intellectual Property Systems
A Compendium of Information from Developing
Countries of Asia, Africa and Latin America
© Editors
Sudhir Kumar Soam
B. Hanumanth Rao
Victoria Henson-Apollonio
National Academy of Agricultural Research Management
(NAARM), Hyderabad, India.
CGIAR-Central Advisory Service on Intellectual Property
(CAS-IP), Rome, Italy.

2. A Snapshot Guide to
Intellectual Property Systems
A Compendium of Information from Developing
Countries of Asia, Africa and Latin America
Editors
Sudhir Kumar Soam
B. Hanumanth Rao
Victoria Henson- Apollonio
National Academy of Agricultural Research Management
(NAARM), Hyderabad, India.
CGIAR-Central Advisory Service on Intellectual Property
(CAS-IP), Rome, Italy.

3. Copyright©2009: National Academy of Agricultural Research Management (NAARM), Hyderabad,
India and CGIAR Central Advisory Service on Intellectual Property (CGIAR CAS-IP),
Rome, Italy.
Year of Publication: 2009
Published By: Director, NAARM, Rajendranagar, Hyderabad-500 407, India
Layout Design: P. Namdev, Technical Officer, NAARM, Hyderabad
Printed at: NAARM Offset Press, Rajendranagar, Hyderabad, India
Number of pages: 303
Citation: Soam, S.K., B. Hanumanth Rao and Victoria Henson-Apollonio (Eds). A Snapshot
Guide to Intellectual Property Systems: A Compendium of Information from
Developing Countries of Asia, Africa and Latin America. NAARM, Hyderabad and
CGIAR CAS-IP, Rome, 290 pages, 2009.
Disclaimer: It is a collective work of professionals from National Partners Initiative, a forum of
CGIAR CAS-IP. The views from the authors are not the official representation of IP
systems of respective countries. The purpose of compendium is to disseminate the
IP systems knowledge in a well knit structured format using simple language
highlighting key provisions concerning administrative and legal IP domain. The
Authors own the copyright of the chapters/ annexure contributed by them.
ii

4. Contents
Preface v
Introduction vii
1. IP systems in Benin [Patent, PVP, Copyright, GI, TM, Design] 1
Rita Afiavi Agboh-Noameshie
2. IP systems in Burkina Faso [Patent, PVP, Copyright, GI, TM, Design] 22
Solange DAO
3. IP systems in China [Patent, PVP, Copyright, TM, Design] 38
Lu Xin
4. IP systems in Costa Rica [Patent, PVP, Copyright, GI, TM, Design] 66
Silvia Salazar
5. IP systems in India [Patent, PVP, Copyright, GI, TM, Design] 87
S.K. Soam and B. Hanumanth Rao
6. IP systems in Indonesia [Patent, PVP, Copyright, GI, TM, Design] 112
Nugroho Sulistyo Priyono
7. IP systems in Kenya [Patent, PVP, GI, TM, Design] 126
Antony Mbayaki
8. IP systems in Malaysia [Patent, PVP, Copyright, GI, TM, Design] 139
Rafeah A. Rahman
9. IP systems in Nigeria [Patent, PVP, Copyright, GI, TM, Design] 160
Christopher Udeonwe Orji and Victor Ibigbami
10. IP systems in Peru [Patent, PVP, Copyright, GI, TM, Design] 171
Pamela Ferro
11. IP systems in Philippines [Patent, PVP, Copyright, GI, TM, Design] 190
Ildefonso Jimenez and Vivencio R. Mamaril
12. IP systems in Tanzania [Patent, PVP, TM] 205
Patrick Ngwediagi
13. IP systems in Thailand [Patent, PVP, Copyright, GI, TM, Design, Trade secret] 214
Chutima Ratanasatien
Annexure
A. Annex-I: IP systems in USA [Patent, PVP, Copyright, TM] 247
Keith Jones
B. Annex-II: IP systems in European Union [Patent, PVP, Copyright, GI, TM] 267
Isabel Lopez Noriega, Gabrielle Gagné, Alejandro Mejias and Francesca Manning
C. Annex-III: Authors’ Details 301
iii

6. Preface
It is a matter of great pleasure to the Academy and CGIAR CAS-IP that a compendium
containing IP systems information from 15 countries has been published. CGIAR CAS-IP deserves
special mention because it provided a platform so that 21 Authors from 15 countries of various parts
of the world could initiate and complete an immensely useful document. The team work done by the
National Partners Initiative (NPI) is highly appreciable.
For any IP practitioner it is often Herculean task to find out the key provisions of legislative
Acts, latest amendments and integration with other legislative Act or procedural aspects of that
particular country. I am amazed to see that complex legal context has been presented in a simple and
straight forward manner using one defined template for each country; the relationships with other
Acts are also very well covered.
Often, it takes lot of time on web browsing to get simple information such as contact details,
expenditure to be incurred for several tasks, any special requirement of a country etc. The compendium
provides such information readily available to the readers.
In my view it is the first such IP effort at global level, which covers developing nations from
various continents with comparison from the two most developed IP systems of the world namely US
and Europe. But to keep the dynamism, the work should be revised from time to time. I congratulate
all the authors for this wonderful peace of work.
I am sure that the information provided in the publication would be useful for the IP practitioners
from various countries in the field of agriculture and other subject areas also. In the special context of
India, the present work will be of immense practical use to the consortia partners of National Agricultural
Innovation Project (NAIP), a World Bank supported mega project run by Indian Council of Agricultural
Research (ICAR).
P.K. Joshi
Director, NAARM, Hyderabad
v

8. An Introduction to….
A Snapshot Guide to Intellectual Property (IP) Systems: A Compendium of Information
from Developing Countries of Asia, Africa and Latin America
Those of us that work in the area of intellectual property (IP) often long to find sources that cover a
collection of information where it is easy to find what we want, is dependable, and is concise. This
Compendium is that sort of work, (that we hope to update on an annual basis). The IP systems of
thirteen countries located in Asia, Africa and Latin America are briefly described, with a couple of
chapters on the E.U. and U.S. systems for comparative purposes. Links for official governmental (on-
line) sites are provided for those that need official information. It represents the work of members of
the National Partners Initiative (NPI), a community of intellectual property (IP) practitioners. The NPI
is supported by its members and the funding generosity provided by the Directorate-General for
International Cooperation (DGIS), Ministry of Foreign Affairs of the Netherlands and the Centers of the
Consultative Group on International Agricultural Research (CGIAR), through the CGIAR-Central Advisory
Service on Intellectual Property (CAS-IP).
A disclaimer is that this compendium is not an official representation for these IP systems. However,
links are provided so that the proper governmental offices can be contacted.
A special thanks to Dr. S.K. Soam of the National Academy of Agricultural Research Management
(NAARM), who initiated this project within the NPI and co-authored the Chapter on the system in India;
the Directors of NAARM, Dr. S.M. Ilyas and Dr P.K. Joshi, who supported this effort; to Mr. B. Hanumanth
Rao of the International Crops Research Institute for the Semi-Arid Tropics (ICRISAT) for his authorship
and editorial work; and to the authors of the work: Solange Dao, Rafeah Rahman, Lu Xin, Christopher
Orji, Victor Ibigbami, Nugroho Priyono, Antony Mbayaki, Pamela Ferro, Keith Jones, Rita Agboh-
Noameshie, Silvia Salazar, Jimenez Ildefonso, Vivencio R. Mamaril, Patrick Ngwediagi, Chutima
Ratanasatien, Isabel Lopez Noriega, Gabrielle Gagné, Alejandro Mejias and Francesca Re Manning.
November 2009 Victoria Henson-Apollonio
CAS-IP, Rome, Italy
vii

10. Chapter-1: IP Systems in Benin
Patent
Country: Benin
Basic information on acquisition of Patent rights
Does your country have patent legislation in Yes
place [if not, please indicate its status, e.g. Bill
under process]
Title of legislation, year and major amendments Annex 1 of the revised Bangui Agreement
in your country
State whether your country is a member to the Yes
Patent Cooperation Treaty (PCT)
State whether your country is a member of Yes
World Trade Organization (WTO)
Any essential requirement for foreigner/foreign No. They should follow the regulation
organization to get protection in your country,
e.g. presence of local agents/representatives
Website to access legislation (indicate Internet www.oapi.wipo.net
link)
Registration formalities
Protection criteria An invention that is new, involves an inventive step
and is industrially applicable. The invention may
consist of or relate to a product or a process or to a
use thereof.
Inventions not patentable a) inventions the exploitation of which is contrary to
public policy or morality, provided that the
exploitation of the invention shall not be considered
contrary to public policy or morality merely because
it is prohibited by law or regulation;
(b) discoveries, scientific theories and mathematical
methods;
(c) inventions having as their subject matter plant
varieties, animal species and essentially biological
processes for the breeding of plants or animals
other than microbiological processes and the
products of such processes;
(d) schemes, rules or methods for doing business,
performing purely mental acts or playing games;
(e) methods for the treatment of the human or
animal body by surgery or therapy, including
diagnostic methods;
(f) mere presentations of information;
(g) computer programs;
(h) works of an exclusively ornamental nature;
(i) literary, architectural and artistic works or any
other aesthetic creation.
1

11. Forms required to fill and submit (1) Any person wishing to obtain a patent for an
invention shall file with the Organization or with the
Ministry responsible for industrial property, or send
to it by registered mail with a request for
acknowledgement of receipt,
(a) his application to the Director General of the
Organization in a sufficient number of copies;
(b) a document proving payment to the Organization
of the filing and publication fees;
(c) an unstamped, private power of attorney if the
applicant is represented by an agent;
(d) a sealed package containing in duplicate
(i) a specification of the invention for which
the application has been made, set out
clearly and completely so that a person
having ordinary knowledge and skill in the art
could carry it out,
(ii) the drawings necessary or useful for the
understanding of the invention,
(iii) the claim or claims defining the scope of
the protection sought, which shall not go
beyond the contents of the specification
referred to in subparagraph (i) above,
(iv) a descriptive abstract summarizing the
contents of the specification, the claim or
claims referred to in subparagraph (iii) above
and any drawings relevant to the abstract.
(2) Where the invention involves a microorganism or
the use of a microorganism, a receipt attesting the
deposit of the microorganism, issued by a
depositary institution or an international depositary
authority specified in the Implementing Regulations,
shall in addition be filed.
(3) The above documents shall be in one of the
working languages of the Organization.
Any special provisions/formalities Payment of registration fees (cf site OAPI)
Duration of protection (years) Any patent granted or recognized under the Bangui
Agreement shall remain in force for a period of 20
years as from its filing date.
Patent Office contact details (Mailing address, OAPI, BP 887, Yaoundé, Cameroun
phone, website, email, etc.) Tél.0023722205700 ; Fax 0023722205727,
State whether online submission is permitted, if Not yet admitted
so, indicate website
Cost (approx.) Applicable to natural Other than natural
persons (i.e. individuals) persons (i.e.
organization
FCFA US $ FCFA US $
a) Registration Not available
b) Examination
c) DUS Test
d) Maintenance (renewal)
e) Others, if any
Deposit requirements, if any All fees are paid at deposit time
2

12. Length of processing and release of Certificate 6 to 10 months
(approx.), e.g. length of publication,
examination, etc.
Rights conferred by the Act
Major rights conferred to
(1) The patent shall confer on its owner the exclusive right to work
patentees
the patented invention.
(2) The owner of the patent shall have the right to prohibit any person
from working the patented invention.
(3) the working of a patented invention means one or other of the
following acts:
(a) where the patent has been granted for a product:
(i) manufacturing, importing, offering for sale, selling and using
the product,
(ii) holding the product for the purposes of offering it for sale,
selling it or using it;
(b) where the patent has been granted for a process:
(i) using the process,
(ii) engaging in the acts mentioned in subparagraph (a) above
in relation to a product resulting directly from the use of the process.
(4) The owner also has the right to assign the patent, transfer it by
succession and enter into license contracts.
(5) In addition to all other rights, remedies or actions available to him,
the owner of the patent has the right to institute legal proceedings
before the court of the place of the infringement against any person
who commits an infringement of the patent by performing, without his
consent, one of the acts mentioned in paragraph (3), or who
performs acts that make it probable that an infringement will be
committed
Limitations on Patent rights (1) The rights deriving from the patent shall not extend :
(i.e. acts not constituting (a) to acts in relation to subject matter brought on to the market on
infringement, e.g. research the territory of a member State by the owner of the patent or with his
exemptions) consent;
(b) to the use of objects on board foreign aircraft, land vehicles or
ships that temporarily or accidentally enter the airspace, territory or
waters of a member State;
(c) to acts in relation to a patented invention that are carried out for
experimental purposes in the course of scientific and technical
research;
(d) to acts performed by any person who in good faith on the filing
date, or where priority is claimed, on the priority date of the
application on the basis of which the patent is granted on the territory
of a member State, was using the invention or making effective and
genuine preparations for such use, in so far as those acts are not
different in nature or purpose from the actual or planned earlier use.
(2) The right of the user referred to in paragraph (1)(d) may not be
transferred or handed on otherwise than with the business or
company or the part thereof in which the use or the preparations for
use were made.
3

13. Other information
Date of priority and requirements (1) Any person wishing to avail himself of the priority of an
earlier application shall be required to attach to his
application for a patent or to send to the Organization at the
latest six months following the filing date of his application
(a) a written declaration stating the date and number of the
earlier application, the country in which it was filed and the
name of the applicant;
(b) a certified true copy of the said earlier application;
(c) if he is not the person who filed the earlier application, a
written authorization from the applicant or his successors in
title authorizing him to avail himself of the priority in
question.
(2) The applicant who, in respect of a single application,
seeks to avail himself of two or more rights of priority shall
comply with the provisions mentioned above for each of
them; he shall also pay a fee for each priority right claimed
and shall produce evidence of payment of the fee within the
six-month period mentioned in paragraph (1) above.
(3) Failure to present any one of the documents mentioned
above within the time limit shall automatically entail, for the
application under consideration, loss of the benefit of the
priority right claimed.
(4) Any document that reaches the Organization more than
six months after the filing of the patent application shall be
declared inadmissible.
Renewal process / procedure --
Opposition formalities --
What constitutes infringement of a Any person who, by means of signs, notices, prospectuses,
patented invention posters, marks or stamps, assumes the status of patentee
without holding a patent granted in accordance with this
Agreement and the Implementing Regulations under it or
after an earlier patent has expired committed an
infringement
Remedies for infringement The remedies for infringements constitute of a fine of
1,000,000 to 3,000,000 CFA francs (USD 2000-6000). In the
event of recidivism, the fine may be doubled.
Any relationship with other legislations --
in your country
Website for public search of patents www.oapi.wipo.net
and for requesting copies of Patent
Office records
Source for printed or electronic journals --
published by the Patent Authority
Provision for compulsory/voluntary Yes
licensing [Y or N]
Any other additional information
[You are free to include any salient features of the protection system that are unique or different, which
you would like to highlight.]
---
4

14. Plant Variety Protection
Country: Benin
Basic information on acquisition of PVP rights
Does your country have PVP legislation Yes
in place [if not, please indicate its
status, e.g. Bill under process]
Title of legislation, year and major Annex 10 of the revised Bangui Agreement (February
amendments in your country 1999)
Type of protection (include special Plant variety certificate obtained by registration
features, if any) e.g. Patent or PVP
registration or both
State whether your country is member Yes
of the UPOV Convention
Any essential requirement for No
foreigner/foreign organization to get
protection in your country, e.g. presence
of local agents/representatives
Website to access legislation (indicate www.oapi.wipo.net
Internet link)
Registration formalities
Types of varieties that can be Any variety that respond to the protection criteria below.
protected e.g. new, extant variety,
farmer’s variety, Essentially Derived
Varieties (EDV)
Whether protection is through
notification, if yes, please state the --
crops notified for protection
Protection criteria (DUS etc.) In order to enjoy the protection afforded by this Annex, a
variety shall be:
(a) new;
(b) distinct;
(c) uniform;
(d) stable;
(e) the subject of a denomination established in accordance
with the provisions of Article 23 of the annex
What cannot be protected All botanical taxa shall be protected by this Annex, except
for wild species, that is to say species that have been
neither planted nor improved by man.
Forms required to fill and submit The application shall contain:
(a) the name and other required information relating to the
applicant, the breeder and, where appropriate, the
5

15. representative;
(b) identification of the botanical taxon (Latin name and
common name);
(c) the denomination proposed for the variety or a
provisional designation; and
(d) a succinct technical description of the variety.
Proof of payment of the required fees shall be attached to
the application.
The above mentioned documents shall be in one of the
working languages of the Organization.
The applicant may withdraw his application at any time prior
to a determination that the application satisfies the
necessary conditions leading to the issue of a plant variety
Certificate.
Any special provisions/formalities --
Duration of protection (years) A plant variety certificate shall lapse 25 years after its date
of issue.
In order to maintain a plant variety certificate, an annual fee
shall be paid to the Organization each year in advance, with
the first fee due one year after the date of issue of the
certificate. A period of grace of six months shall be afforded
for payment of the annual fee after the due date, on
payment of the prescribed additional fee.
Registry Office contact details (Mailing OAPI, BP 887, Yaoundé, Cameroun
address, phone, website, email, etc.) Tél.0023722205700 ; Fax 0023722205727
State whether online submission is No
permitted, if so, indicate website
Cost (approx.) Applicable to natural Other than natural persons (i.e.
persons (i.e. organization
individuals)
CFA $US FCFA $US
a) Registration
b) Examination
c) DUS Test
d) Maintenance (renewal)
e) Others, if any
Deposit requirements, if any The totality of the fees must be paid when filing for the rights
Length of processing and release of 6 to 10 months
Certificate (approx.), e.g. length of
publication, examination, etc.
Rights conferred by the Act
Major plant breeders’ rights (1) The right to a plant variety certificate shall belong to the
breeder.
(2) If two or more persons have bred a variety jointly, the
right to a plant variety certificate shall belong to them jointly.
(3) The right to a plant variety certificate may be assigned or
transferred by succession.
(4) The breeder shall be mentioned as such on the plant
variety certificate.
(5)(a) The applicant shall be deemed, unless proven
6

16. otherwise, to be the person entitled to a plant variety
certificate.
(b) Where a person not entitled to a plant variety certificate
has filed an application, the entitled person may institute
proceedings for transfer of the application or of the plant
variety certificate if already issued. Proceedings for transfer
shall be prescribed five years after the publication date of
the issue of the plant variety certificate. No time limit shall
apply to proceedings directed against a defendant acting in
bad faith.
Farmers’ rights --
Exemptions to farmers, if any The rights conferred by a plant variety certificate shall not
extend to use by a farmer on his own holding for
propagating purposes of harvested material he has obtained
by planting on his own holding a protected variety or a
variety. This exception shall not apply to fruit, forestry or
ornamental plants
Research exemptions The rights conferred by a plant variety certificate shall not
extend to acts done for experimental or research purposes;
and to acts done for the purpose of breeding other varieties
Other information
Date of priority and requirements Priority may be claimed only within a period of 12 months as
from the filing date of the first application.
Renewal process / procedure In order to maintain a plant variety certificate, an annual fee
shall be paid to the Organization each year in advance, with
the first fee due one year after the date of issue of the
certificate. A period of grace of six months shall be afforded
for payment of the annual fee after the due date, on payment
of the prescribed additional fee. If an annual fee is not paid
in accordance with the provisions of this paragraph, the
holder of the plant variety certificate shall forfeit his rights.
Opposition formalities Any concerned person may, within the prescribed time limit,
file opposition to the registration of a denomination based on
any of the grounds for refusal The official services of the
Contracting Parties may submit observations.
Oppositions and observations shall be communicated to the
applicant to enable him to respond to them or, where
appropriate, to submit a new proposal.
Where the proposal for a denomination does not comply
with the provisions of Article 3, the Organization shall invite
the applicant to submit a new proposal for a denomination. If
the proposal is not submitted within the prescribed time limit,
the application shall be rejected.
What constitutes infringement of a Any of the acts referred to in Article 29 [(a). production or
protected variety in your country (e.g. reproduction (b) conditioning for the purpose of
Producing, selling, importing and propagation; (c) offering for sale; (d) selling or other
exporting of a registered variety without marketing; (e) exporting; (f) importing; (g) stocking for
the permission of its breeder, etc?) any of the purposes mentioned in (a) to (f) above].carried out
on the territory of a member State by a person other than the
holder of the plant variety certificate and without his consent
7

17. shall constitute an infringement.
Remedies for infringement Any person who knowingly commits an infringing act or an
act of unfair competition shall be guilty of an offense and
liable to a fine of between 1,000,000 (2000USD) and
3,000,000 CFA francs (6000USD) or imprisonment of
between one month and six months or both such penalties,
without prejudice to civil damages.
Any relationship with other legislations --
in your country
Brief note on benefit sharing --
mechanism to farmers / communities
(state amount / percentage / process of
payment)
Website for public search of PVP www.oapi.wipo.net
registrations and for requesting copies
of PVP Office records
Source for printed or electronic journals --
published by the PVP Authority
Provision for compulsory/voluntary --
licensing [Y or N]
Any other additional information
[You are free to include any salient features of the protection system that are unique or different, which
you would like to highlight.]
---
8

18. Copyright
Country: Benin
Basic information on acquisition of Copyright protection
Does your country have Copyright Yes
legislation in place [if not, please indicate
its status, e.g. Bill under process]
Title of legislation, year and major Annex 7 of the revised Bangui Agreement
amendments in your country
State whether your country is a member of Yes
Berne Convention for the International
Registration of Copyrights
Any essential requirement for No. Should follow the regulations
foreigner/foreign organization to get
protection in your country, e.g. presence of
local agents/representatives
Website to access legislation (indicate www.oapi.wipo.net
Internet link)
Registration formalities
Protection criteria Literary and artistic works, hereinafter referred to as
works, constituting original creations of the mind in the
literary, artistic and scientific fields,
Types of works entitled for Copyright (i) works expressed in writing, including computer
protection (e.g. books, periodicals, artistic programs;
creations, etc.) (ii) lectures, addresses, sermons and other works
composed of words and expressed orally;
(iii) musical works, whether or not accompanied by words;
(iv) dramatic and dramatic-musical works;
(v) choreographic works and mimed works;
(vi) audiovisual works;
(vii) works of fine art: drawings, paintings, sculptures,
engravings and lithographs;
(viii) works of architecture;
(ix) photographic works;
(x) works of applied art;
(xi) illustrations, maps, plans, sketches and three-
dimensional works relating to geography, topography,
architecture or science;
(xii) expressions of folklore and works derived from
folklore.
Protection shall be independent of the mode or form of
expression, of the quality and of the purpose of the work.
Shall also be protected as work:
(i) translations, adaptations, arrangements and other
transformations of works and of expressions of folklore;
9

19. (ii) collections of works, of expressions of folklore or of
simple facts or data, such as encyclopedias, anthologies
and databases, whether reproduced on a medium that
may be processed by a machine or in any other form,
which, by reason of the selection, coordination or
arrangement of their contents, constitute creations of the
mind.
Types of works not entitled for Copyright (i) Official texts of a legislative, administrative or judicial
protection nature or to the official translations thereof;
(ii) News of the day;
(iii) Simple facts and data.
Forms required to fill and submit Application form
Any special provisions/formalities Payement of fees compulsory
Duration of protection (years) For the majority of works, the Bangui Agreement provides
for a duration of protection of 70 years post mortem or
post publication.
Registry Office contact details (Mailing OAPI, BP 887, Yaoundé, Cameroun
address, phone, website, email, etc.) Tél.0023722205700 ; Fax 0023722205727,
State whether online submission is Not yet permitted
permitted, if so, indicate website
Cost (approx.) Applicable to natural persons Other than natural
(i.e. individuals) persons (i.e.
organization)
FCFA US $ FCFA US $
a) Registration - - - -
b) Maintenance (renewal) - - - -
c) Others, if any - - - -
Deposit requirements, if any Full payment during he filing
Length of processing and release of 6 to10 months
Certificate (approx.), e.g. length of
publication, examination, etc.
Rights conferred by the Act
Major rights conferred to CR owners An author shall enjoy the exclusive right to exploit his work in
any form whatsoever and to obtain monetary advantage there
from. Subject to the provisions of Articles 10 to 21, the author
of a work shall enjoy, in particular, the exclusive right to
perform or authorize the following acts:
(i) reproduce his work;
(ii) translate his work;
(iii) adapt, arrange or otherwise transform his work;
(iv) distribute copies of his work to the public by means of
sale or any other transfer of ownership or by rental;
(v) perform his work in public;
(vi) communicate his work (including performance) to the
public by broadcasting (or retransmission) or by television;
(vii) communicate his work (including performance or
broadcasting) to the public by cable or by any other means.
(2) The rental right referred to in paragraph (1)(iv) shall not
apply to the rental of computer programs in those cases
10

20. where the program itself is not the essential subject matter of
the rental.
Exemptions --
Other information
Date of priority and requirements --
Opposition formalities --
What constitutes infringement of a Copyright infringement occurs when someone other than the
copyrighted material copyright holder copies the "expression" of a work. Copyright
infringement can occur even if someone does not copy a
work exactly. This example of copyright infringement is most
easily apparent in music and art. Copyright infringement
occurs if the infringing work is "substantially similar" to the
copyrighted work.
Remedies for infringement --
Renewal process / procedure --
Any relationship with other legislations in --
your country
Source for printed or electronic journals --
published by the Copyright Authority
Searching and Request for copies of --
Copyright Office records [Y or N]
Any other additional information
[You are free to include any salient features of the protection system that are unique or different, which
you would like to highlight.]
---
11

21. Geographical Indications
Country: Benin
Basic information on acquisition of GI protection
Does your country have Geographical Yes
Indications legislation in place [if not, please
indicate its status, e.g. Bill under process]
Title of legislation, year and major Bangui Agreement, March 1977 (Annex VI), since
amendments in your country February 1982 as last amended in February 1999
State if any other legislation takes care of GI None
registrations in your country [If there is no
legislation, please indicate how best it can be
protected in your country]
Any essential requirement for No
foreigner/foreign organization to get
protection in your country, e.g. presence of
local agents/representatives
Website to access legislation (indicate www.oapi.wipo.net
Internet link)
Registration formalities
Protection criteria (1) Geographical indications shall be protected as such if
they have been registered by the Organization or are to be
treated as having been registered by virtue of an
international convention to which the member States are
party.
(2) Geographical indications foreign to the territories of the
member States of the Organization may be registered by the
Organization only where provided for in an international
convention to which the member States are party or in the
enforcing legislation
Grounds for refusal of registration (a) indications which are contrary to morality or public policy
or those which, in particular, are liable to deceive the public
as to the nature, the source, the manufacturing process, the
characteristic qualities or the suitability for their purpose of
the goods concerned;
(b) indications which are not protected in their country of
origin or have ceased to be protected or have fallen into
disuse in that country.
Forms required to fill and submit Any person wishing to obtain the registration of a
geographical indication shall file with the Organization or with
the Ministry responsible for industrial property, or send to it
by registered mail with a request for acknowledgment of
receipt,
(a) an application to the Director General of the Organization
in a sufficient number of copies;
(b) a document proving payment to the Organization of the
12

22. filing fee;
(c) the geographical area to which the indication applies;
(d) the products for which the indication is used;
(e) the quality, reputation or other characteristic of the
products for which the indication is used.
Any special provisions/formalities Payment of registration fees
Duration of protection (years) GIs are protected for indefinite period of time (as long as
they are protected in their country of origin)
Registry Office contact details (Mailing OAPI, BP 887, Yaoundé, Cameroun
address, phone, website, email, etc.) Tél.0023722205700 ; Fax 0023722205727,
State whether online submission is Not yet
permitted, if so, indicate website
Cost (approx.) Applicable to natural Other than natural persons (i.e.
persons (i.e. individuals) organization
FCFA US $ FCFA US $
a) Registration
b) Maintenance (renewal)
c) Others, if any
Deposit requirements, if any --
Length of processing and release of 6 to 10 months
Certificate (approx.), e.g. length of
publication, examination, etc.
Rights conferred by the Act
Major rights conferred by registration The registration of a geographical indication confers on the
authorized users the exclusive right to use the geographical
indication in relation to the goods in respect of which it is
registered. The Registration offers better legal protection for an
action for infringement.
Any exemptions / limitations / special --
provisions
Other information
Date of priority and requirements --
Renewal process / procedure None
Opposition formalities (1) Any interested party may oppose the registration of a
geographical indication by sending to the Organization,
within a period of six months from the publication
mentioned in Article 11 of this act, a written statement
setting out the reasons for his opposition, which reasons
must be based on an infringement either of the provisions
of Articles 5 and 6 of this Annex, or of a prior right
belonging to the opposing party.
(2) The Organization shall send a copy of the statement of
opposition to the applicant or to his agent, who may reply,
setting out his reasons, within a once-renewable period of
3 months. The reply shall be forwarded to the opponent or
to his representative. If his reply does not reach the
Organization by the prescribed time limit, the applicant
13

23. shall be deemed to have withdrawn his application for
registration and the registration shall be cancelled.
(3) Before taking a decision on the opposition, the
Organization shall, on request, hear each or either of the
parties or their agents.
(4) An appeal from the Organization’s decision on
canceling the opposition shall lie to the High Commission
of Appeal within a period of three months from the date of
receipt of notice of the decision by the interested parties.
(5) The Organization shall only cancel the registration in
so far as the aforementioned opposition is valid.
(6) The final decision on cancellation shall be published in
the official Bulletin of the Organization.
What constitutes infringement of a It shall be unlawful to use, for commercial purposes, a
registered GI product registered geographical indication, or a similar
designation, with respect to the products specified in the
Register or similar products, even if the true origin of the
products is indicated or if the geographical indication is in
the form of a translation or is accompanied by terms such
as .kind., .type., .make., .imitation or the like.
It shall be unlawful to use in the designation or
presentation of a product any means that infers or
suggests that the product concerned originates in a
geographical area other than its true place of origin in a
manner likely to mislead the public as to the geographical
origin of the product.
Remedies for infringement Any person intentionally making unlawful use, within the
meaning of Article 15(3) and (5), of a registered
geographical indication shall be liable to a term of
imprisonment of not less than three months and not more
than one year and to a fine of from 1,000,000 to 6,000,000
CFA francs (2000 to 6000 USD), or one only of these
penalties.
Any relationship with other legislations in --
your country
Brief note on benefit sharing mechanism --
to farmers / communities (state amount /
percentage / process of payment)
Website for public search of GI
registrations and for requesting copies of www.oapi.wipo.net
GI Office records
Source for printed or electronic journals --
published by the GI Authority
Any other additional information
[You are free to include any salient features of the protection system that are unique or different, which
you would like to highlight.]
---
14

24. Trademark
Country: Benin
Basic information on acquisition of TM rights
Does your country have Trademark legislation Yes
in place [if not, please indicate its status, e.g.
Bill under process]
Title of legislation, year and major Annex III of Bangui Revised Agreement
amendments in your country
State whether your country is a member of No
Madrid System for the International
Registration of Marks
State whether your TM legislation allows Yes both
registration of goods or services or both as
Trademarks
Any essential requirement for No
foreigner/foreign organization to get protection
in your country, e.g. presence of local
agents/representatives
Website to access legislation (indicate www.oapi.wipo.net
Internet link)
Registration formalities
Protection criteria Novelty; not contrary to morality or public policy
What can be registered Any visible sign used or intended to be used and capable of
distinguishing the goods or services of any enterprise shall be
considered a trademark or service mark, including in particular
surnames by themselves or in a distinctive form, special, arbitrary
or fanciful designations, the characteristic form of a product or its
packaging, labels, wrappers, emblems, prints, stamps, seals,
vignettes, borders, combinations or arrangements of colors,
drawings, relief, letters, numbers, devices and pseudonyms.
What cannot be registered A name or designation shall not be admissible as a trade name if,
by reason of its nature or the use to which it may be put, it is
contrary to morality or public policy and if, in particular, it is liable
to mislead trade circles or the public as to the nature of the trade,
industrial, craft or agricultural establishment of that name.
Forms required to fill and submit Any person wishing to obtain the registration of a mark shall file
with the Organization or with the Ministry responsible for industrial
property, or send it by registered mail with a request for
acknowledgement of receipt
(a) his application, addressed to the Director General of the
Organization in a sufficient number of copies;
(b) a document proving payment to the Organization of the filing
15

25. fee;
(c) an unstamped private power of attorney if the applicant is
represented by an agent;
(d) a reproduction of the mark, including a list of the goods or
services to which the mark applies, with the corresponding classes
of the International Classification of Goods and Services for the
Purposes of the Registration of Marks (Nice Agreement); the
number of reproductions of the mark to be supplied shall be laid
down in the Implementing Regulations
(e) The rules referred to in Article 2(2) in the case of a collective
mark.
Any special provisions/formalities Payment of registration fees (cf site OAPI)
Duration of protection (years) The registration of a mark shall be valid for only ten years from the
filing date of the application for registration; however, the
ownership of a mark may be preserved indefinitely through
successive renewals of the registration, which may be effected
every ten years.
Registry Office contact details OAPI, BP 887, Yaoundé, Cameroun
(Mailing address, phone, website, Tél.0023722205700 ; Fax 0023722205727,
email, etc.)
State whether online submission is Not yet accepted. But the idea is strongly recommended at OAPI
permitted, if so, indicate website
Cost (approx.) Applicable to natural persons Other than natural persons (i.e.
(i.e. individuals) organizations)
CFA $US CFA $US
a) Registration -
b)Maintenance (renewal) -
c) Others, if any -
Deposit requirements, if any All application fees are paid during the filing
Length of processing and release of 06 to10 months
Certificate (approx.), e.g. length of
publication, examination, etc.
Rights conferred by the Act
Major rights conferred to TM (1) Registration of a mark confers on its owner the exclusive right to
owners use the mark, or a sign resembling it, in connection with the goods
or services for which it has been registered and similar goods or
services.
(2) Registration of the mark likewise confers on the owner the
exclusive right to prevent all third parties from making use in
business without his consent, of identical or similar signs for goods
or services that are themselves similar to those for which the
trademark or service mark has been registered where such use is
liable to cause confusion. Where an identical sign is used for
identical goods and services, a risk of confusion shall be presumed
to exist.
Other information
Date of priority and requirements (1) Any person wishing to avail himself of the priority of an earlier
application shall be required to attach to his application for
16

26. registration or to send to the Organization at the latest three months
following the filing date of his application
(a) a written declaration stating the date and number of the earlier
application, the country in which it was filed and the name of the
applicant;
(b) a certified true copy of the said earlier application.
(2) The applicant who, in respect of a single application, seeks to
avail himself of two or more rights of priority shall comply with the
provisions mentioned above for each of them; he shall also pay a
fee for each priority right claimed and shall produce evidence of
payment of the fee within the three-month period mentioned in
paragraph (1) above.
(3) Any priority claim that reaches the Organization more than three
months after the filing of the application shall be declared
inadmissible.
Renewal process / procedure (1) The owner of a mark may only effect the renewal if he has paid
the amount of fees prescribed by regulation.
(2) The amount of the fees provided shall be paid during the last
year of the ten-year period however, a six-month period of grace
shall be allowed for payment of the said fee after the end of that
year, subject to payment also of a surcharge fixed by regulation.
(3) No changes may be made either to the mark or to the list of
goods or services for which the said mark was registered, subject to
the right of the registered owner to limit the list.
(4) Renewal of the registration of a mark shall not entail renewed
examination of the mark.
(5) The Organization shall enter the renewal in the Special Register
of Marks and publish it in the manner specified in this Annex,
mentioning, where appropriate, any limitation of the goods or
services.
(6) A mark whose registration has not been renewed may not be
registered for the benefit of a third party in respect of identical or
similar goods or services until three years have elapsed since the
term of the registration or renewal expired.
Opposition formalities (1) Any interested party may oppose the registration of a mark by
sending to the Organization, within a period of six months from the
publication, a written statement setting out the reasons for his
opposition, which reasons must be based on an infringement either
of the provisions of Article 2 or 3 of this Annex, or of a prior right
belonging to the opposing party.
(2) The Organization shall send a copy of the statement of
opposition to the applicant or to his agent, who may reply, setting
out his reasons, within a once-renewable period of three months.
The reply shall be forwarded to the opponent or to his
representative. If his reply does not reach the Organization by the
prescribed time limit, the applicant shall be deemed to have
withdrawn his application for registration and the registration shall
be cancelled.
(3) Before taking a decision on the opposition, the Organization
shall, on request, hear each or either of the parties or their agents.
(4) An appeal from the Organization’s decision on the opposition
shall lie to the High Commission of Appeal within a period of three
months from the date of receipt of notice of the decision by the
interested parties.
(5) The Organization shall only cancel the registration in so far as
the aforementioned opposition is valid.
(6) The final decision on cancellation shall be published in the
official Bulletin of the Organization.
17

27. Any relationship with other --
legislations in your country
What constitutes infringement of a Without prejudice to any damages, a person who has affixed or
registered trademark caused to appear, by suppression or by any alteration whatsoever
on manufactured articles, the name of a manufacturer or craftsman
other than the originator, or the trade name of an establishment
other than that where the articles were made, commit an
infringement and shall be punished
Any person who has knowingly displayed for sale or placed on the
market articles marked with fictitious or falsified names shall also be
punished.
Remedies for infringement Punishment by imprisonment of from three months to one year and
by a fine of from 1,000,000 to 6,000,000 CFA francs (USD 2000-
12000), or by either of these penalties.
Website for public search of TMs www.oapi.wipo.net
and for requesting copies of TM
Office records
Source for printed or electronic --
journals published by the TM
Registry Office
Any other additional information
[You are free to include any salient features of the protection system that are unique or different, which
you would like to highlight.]
---
18

28. Designs
Country: Benin
Basic information on acquisition of Designs protection
Does your country have Designs legislation in Yes
place [if not, please indicate its status, e.g. Bill
under process]
Title of legislation, year and major amendments in Annex 4 of the revised Bangui Agreement
your country (February 1999)
State if any other legislation takes care of Designs Regulations/law 2005-30 of April 10 2006
registrations in your country [If there is no
legislation, please indicate how best it can be
protected in your country]
Any essential requirement for foreigner/foreign Foreigners shall enjoy the benefits of this Annex if
organization to get protection in your country, e.g. they fulfill the conditions required
presence of local agents/representative
Website to access legislation (indicate Internet link) www.oapi.wipo.net
Registration formalities
Protection criteria Protection of design rights begins once a design is
registered. It is necessary to pay an annuity each year in
order to maintain protection.
Types of works entitled for Design (1) Any arrangement of lines or colors shall be
registration considered a design, and any three-dimensional shape,
whether or not associated with lines or colors, shall be
considered a model, provided that the said arrangement
or shape gives a special appearance to an industrial or
craft product and may serve as a pattern for the
manufacture of such a product.
(2) If the object can at the same time be considered a
new design and a patentable invention and if the
elements constituting the novelty of the design are
inseparable from those of the invention, the said object
may only be protected under the provisions of Annex I on
Patents or Annex II on Utility Models.
Types of works not entitled for Design Designs the exploitation of which is contrary to public
registration policy or morality may not be registered, on the
understanding that the commercial exploitation of the said
designs is not considered contrary to public policy or
morality merely on account of its being prohibited by a
legal or regulatory provision.
Forms required to fill and submit The requirements for filing a design application in OAPI
are as follows:
(a) Power of Attorney (simply signed) - can be late filed
after notification;
19

29. (b) 3 sets of formal drawings - required on the day of
filing;
(c) Certified priority document with sworn and verified
English or French translation, can be late filed within 3
months.
Any special provisions/formalities With respect to item (c) above, the translation of the
priority document must be accompanied by a signed
declaration of the official translator which also carries a
stamp or a seal. In the event that the translator does not
have a stamp or a seal, notarized translations have in the
past been accepted by OAPI.
Duration of protection (years) 5 years renewable twice
Registry Office contact details (Mailing OAPI, BP 887, Yaoundé, Cameroun
address, phone, website, email, etc.) Tél.0023722205700 ; Fax 0023722205727
State whether online submission is permitted, Not yet accepted. But the idea is strongly recommended
if so, indicate website at OAPI
Cost (approx.) Applicable to natural persons Other than natural
(i.e. individuals) persons (i.e.
organizations)
FCFA USA $US FCFA
a) Registration 1,150,000- 2300- - -
1,250,000 2500
b)Maintenance (renewal) -
c) Others, if any -
Deposit requirements, if any The totality of the prescribed fees must be paid
Length of processing and release of 6 to 10 months
Certificate (approx.)
Rights conferred by the Act
Major rights conferred by Exclusive right to exploit the said design and to sell or cause to be
registration sold for industrial or commercial purposes the goods in which the
design is incorporated without prejudice to the rights conferred by
other legal provisions.
Other information
Date of priority and requirements To take advantage from a priority, the latest date of filing at OAPI
Office has to be six months after the earlier filing by another office.
The priority right relating to prior registration have to be claimed
during the application of an industrial design or model registration,
and if this is not feasible during the following three months. The
priority document has to be translated into French or into English if
the original document is written in another language.
Renewal process / procedure (1) The owner of a mark may only effect the renewal if he has paid
the amount of fees prescribed by regulation.
(2) The amount of the fees provided for shall be paid during the
last year of the ten-year period referred to in Article 19 of the
Annex; however, a six-month period of grace shall be allowed for
20

30. payment of the said fee after the end of that year, subject to
payment also of a surcharge fixed by regulation.
(3) No changes may be made either to the mark or to the list of
goods or services for which the said mark was registered, subject to
the right of the registered owner to limit the list.
(4) Renewal of the registration of a mark shall not entail renewed
examination of the mark.
(5) The Organization shall enter the renewal in the Special Register
of Marks and publish it in the manner specified in this Annex,
mentioning, where appropriate, any limitation of the goods or
services.
(6) A mark whose registration has not been renewed may not be
registered for the benefit of a third party in respect of identical or
similar goods or services until three years have elapsed since the
term of the registration or renewal expired.
Limitations on Design (i.e. acts not Third party already using the design before the filing for
constituting infringement) registration
Opposition formalities --
What constitutes infringement of a Any knowingly committed violation of the rights guaranteed by this
registered Design product act
Remedies for infringement Any knowingly committed violation of the rights guaranteed by this
Annex shall be liable to punishment with a fine of 1,000,000 to
6,000,000 CFA francs (USD 2000 to 12,000).
Any relationship with other --
legislations in your country
Source for printed or electronic --
journals published by the Designs
Authority
Searching and request for copies --
of Design Office records [Y or N]
Any other additional information
[You are free to include any salient features of the protection system that are unique or different, which
you would like to highlight.]
An OAPI application automatically designates all member states. The cost of filing an OAPI design
application is between about US$ 2300.00 and US$ 2500.00. To the above must be added a charge of
about US$ 260.00 per Convention claim to priority.
Furthermore, it is possible to file a single application covering up to 100 variants of a design which belong
to the same class of international application or the same range of articles. Surcharges of about
US$ 300.00 for the first variant plus US$ 75.00 for each additional variant will then be applicable
21

31. Chapter-2: IP Systems in Burkina Faso
Patent
Country: Burkina Faso
Basic information on acquisition of Patent rights
Does your country has patent legislation The African Intellectual Property Organization agreement (Bangui
in place [if yes, please fill in this table, or agreement) has settled dispositions, in the annex VI, for patent
else indicate its status] protection in the 16 member states (Benin, Burkina Faso,
Cameroon, Centrafrique, Congo, Cote d’Ivoire, Gabon, Guinea,
Guinea-Bissau, Guinea Equatorial, Mali, Mauritania, Niger,
Nigeria, Senegal, Tchad and Togo).
This agreement establishes a common protection system and
procedure for all the member states.
nd
Title of legislation, year and major Bangui Agreement of March 2 , 1977, revised on February 24,
amendments in your country 1999, annex I
State whether your country has PCT Member of the PCT Union since March 21st, 1989.
membership
Any essential requirement for It’s necessary for any foreigner or foreign organization to makes
foreigner/foreign organization to get his/its application through a registered attorney
protection in your country
Registration formalities
Protection criteria Novelty, inventive step, industrial applicability.
Inventions not patentable (a) inventions the exploitation of which is contrary to public policy
or morality, provided that the exploitation of the invention shall not
be considered contrary to
public policy or morality merely because it is prohibited by law or
regulation;
(b) discoveries, scientific theories and mathematical methods;
(c) inventions having as their subject matter plant varieties, animal
species and essentially biological processes for the breeding of
plants or animals other than
microbiological processes and the products of such processes;
(d) schemes, rules or methods for doing business, performing
purely mental acts or playing games;
(e) methods for the treatment of the human or animal body by
surgery or therapy, including diagnostic methods;
(f) mere presentations of information;
(g) computer programs;
(h) works of an exclusively ornamental nature;
(i) literary, architectural and artistic works or any other aesthetic
creation.
Forms required to fill and submit OAPI Form-B101
Any special provisions/formalities Nil
22

32. Duration of protection Twenty (20) years from the date of application.
Patent Office contact details (Mailing Organisation Africaine de la Propriété Intellectuelle (OAPI)
address, phone, website, email, etc.) BP 887,
Yaoundé
Cameroun
Tél: (237)22205700/22203911
Fax:(237)22205727/22205721
E-mail : oapi.oa@oapi.oa.wipo.net
Web site: http://www.oapi.wipo.net
Cost (approx.) in local currency (FCFA) in US $
a)Registration 225 000 560$
b)Examination From 120 000 to 600 000 300$ to 1500$
c)Maintenance (renewal) - 2nd-5th year: 220 000 /year 550$ /year
-6th-10th year: 375 000/year 935$/year
-11th-15th year: 500 000/year 1250$/year
16th-20th year: 650 000/year 1650$/year
d)Others, if any There is many other taxes (see
web site:
http://www.oapi.wipo.net )
Rights conferred by the Act
Major rights conferred to patentees Exclusive right to use the patented invention
Research exemptions Acts in relation to a patented invention that are carried out for
experimental purposes in the course of scientific and technical
research are allowed.
Opposition formalities Nil
What constitutes infringement of a Reception or sale, display for sale, or introduction into the national
patented invention territory of one of the member states of one or more objects,
without the right to do so, constitutes infringement.
Other information
Date of priority Date of the first application. To benefit from the date of priority, the
applicant should join to his application a document related to the
previous registration or an agreement from the first applicant to
benefit from such priority.
Renewal process / procedure The renewal depends on the payment in time of the renewal taxes.
Any relationship with other legislations in No
your country
Website for public search of patents www.oa.espacenet.com and search facility of OAPI
Source for printed or electronic journals Printed publications:
published by the Patent Authority - Le bulletin officiel de propriété industrielle de l’Organisation
(BOPI)
- Les fascicules de brevets
23

33. Any other additional information
[You are free to include any salient features of the protection system that are unique or different, which you
would like to highlight.]
AIPO is the national industrial property service for each of the member States and the central patent
documentation and information body. A patent delivered is valuable for all the member states.
For each of the member States also party to the Patent Cooperation Treaty, AIPO is the “National Office”.
Any filing of an international patent application that includes the designation of at least one member State is
equivalent to a national filing in each member State that is also party to the Patent Cooperation Treaty.
The Bureau International of WIPO is the “Receiving Office” for international applications.
24

34. Plant Variety Protection
Country: Burkina Faso
Basic information on acquisition of PVP rights
Does your country has PVP legislation in The African Intellectual Property Organization agreement (Bangui
place [if yes, please fill in this table, or agreement) has settled dispositions, in the annex X, for PVP in the
else indicate its status] 16 member states (Benin, Burkina Faso, Cameroon, Centrafrique,
Congo, Cote d’Ivoire, Gabon, Guinea, Guinea-Bissau, Guinea
Equatorial, Mali, Mauritania, Niger, Nigeria, Senegal, Tchad and
Togo).
This agreement establishes a common protection system and
procedure for all the member states.
nd
Title of legislation, year and major Bangui Agreement of March 2 , 1977, revised on February 24,
amendments in your country 1999, annex X
Type of protection (include special PVP registration
features, if any) e.g. Patent or PVP
registration or both*
State whether your country has UPOV No
membership
Any essential requirement for Foreigners may also obtain plant variety certificates in accordance
foreigner/foreign organization to get with the conditions laid down by the Annex
protection in your country
Registration formalities
Types of varieties that can be protected All botanical taxa shall be protected by this Annex, except for wild
e.g. new, extant variety, farmer’s variety, species, meaning, species that have been never planted nor
Essentially Derived Varieties (EDV) improved by man.
Whether protection is through --
notification, if yes, please state the crops
notified for protection
Protection criteria (DUS etc.) A variety shall be: new, distinct, uniform, stable and have a
denomination established in accordance with the provision of this
Annex.
What cannot be protected Wild species
Forms required to fill and submit OAPI Form [OV10.01], OAPI Form [QTC] for technical confidential
questionnaire to be used
Any special provisions/formalities See attachments Technical Questionnaire [QT] of OAPI to be
submitted for application for PBRs
Duration of protection 25 year after the date of issue of the certificate
Registry Office contact details (Mailing Organisation Africaine de la Propriété Intellectuelle (OAPI)
address, phone, website, email, etc.) BP 887 Yaoundé
Cameroun
25

35. Tél : (237) 22 20 57 00/ 22 20 39 11
Fax : (237) 22 20 57 27/ 22 20 57 21
E-mail : oapi.oa@oapi.oa.wipo.net
Web site: http://www.oapi.wipo.net
Cost (approx.) in local currency (FCFA) in US $
a)Registration From 640 000 US $ 1280
b) Examination The examination consists in
many acts with different taxes.
c) DUS Test 625 000 US $ 1250
d) Maintenance (renewal) From first to fifth year: 250 000 US $ 500
From sixth to twenty fifth year:
300 000
Penalties in case of late US $ 600
renewal: 70 000
US $ 140
US $ 220
e) Others, if any Other taxes: 110 000
Rights conferred by the Act
Major plant breeders’ rights Exclusive right to exploit the variety; the right to prohibit any
person from exploiting the variety; the right to assign or transfer
the certificate by succession and conclude licensing contracts;
right to legal proceedings against any person who infringes the
rights conferred.
Farmers’ rights -
Exemptions to farmers Use by a farmer on his own holding for propagating purposes of
harvested material he has obtained by planting on his own holding
a protected variety or a variety; this exception shall not apply to
fruit, forestry or ornamental plants;
Acts done privately and for non-commercial purposes;
Research exemptions Acts done for experimental or research purposes;
acts done for the purpose of breeding other varieties
Opposition formalities Once the application is published, any person may file with the
organization within the prescribed time limit and in the prescribed
form, written and reasoned objections to the issue of the plant
variety certificate. Objections may be filed exclusively on the
grounds that the variety is not new, not distinct, not uniform or not
stable, or that the applicant is not entitled to protection.
What constitutes infringement of a Except for the exemptions mentioned above, any other
protected variety in your country (e.g. exploitation of a protected variety, without the consent of the
Producing, selling, importing and breeder, is an infringement.
exporting of a registered variety without
the permission of its breeder, etc.)
Other information
Date of priority Priority may be claimed only within a period of 12 months as from
the filing date of the first application.
26