ARIPO Services
(African Regional Intellectual Property Organisation)
What is ARIPO?
The African Regional Intellectual Property Organisation (ARIPO) facilitates the registration and administration of intellectual property rights across various African countries. Membership is open to all member states of the African Union (AU) or the United Nations Economic Commission for Africa (ECA). As of December 2020, ARIPO includes 21 member states and is headquartered in Harare, Zimbabwe.
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ARIPO Protocols
1. Harare Protocol (Patents and Designs):
- Scope: ARIPO grants patents, designs, and utility models on behalf of contracting states under the Harare Protocol.
- Members: Botswana, Eswatini, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, São Tomé and Príncipe, Seychelles, Sierra Leone, Sudan, Tanzania (mainland), Uganda, Zambia, Zimbabwe.
- International Memberships: ARIPO is a member of the Paris Convention and the Patent Cooperation Treaty (PCT).
2. Banjul Protocol (Trade Marks):
- Scope: ARIPO registers trade marks on behalf of contracting states under the Banjul Protocol.
- Members: Botswana, Eswatini, Lesotho, Liberia, Malawi, Mozambique, Namibia, São Tomé and Príncipe, Tanzania, Uganda, and Zimbabwe.
- Enforceability: Only Botswana, Liberia, Malawi, Mozambique, Namibia, São Tomé and Príncipe, and Zimbabwe have fully integrated the Banjul Protocol into their national laws, making ARIPO registrations enforceable in these states. Other member states may consider ARIPO registrations during national mark examinations or opposition stages.
Filing Process
Trade Marks:
- Application: A single application can be filed directly at ARIPO or through a contracting state, designating specific states for protection. The Banjul Protocol establishes a filing system similar to the Harare Protocol for patents.
- Timeline: Registration typically takes 12-14 months, provided that required fees and documents are submitted on time and no objections or provisional refusals are filed.
- Fees: For filing one trade mark in one class designating 13 states, the total cost is approximately USD 3280, including both official and professional fees. Detailed fee schedules are available for various state designations and additional classes.
Patents and Designs:
- Application: Applicants must designate the member states where protection is required under the Harare Protocol.
- Timeline: The registration process depends on the prompt submission of fees and documents, similar to the process for trade marks.
Filing Requirements
When filing an application through ARIPO, specific documentation and details are required to ensure a smooth and effective registration process.
General Requirements
Power of Attorney (POA):
- A simply signed Power of Attorney is required.
- No legalisation or notarisation is necessary.
Applicant Details:
- Full legal status of the applicant.
- Nationality of the applicant.
- Physical address of the applicant.
Representation of the Mark:
- If the mark is not an unstylised word mark, a clear representation of the mark must be provided.
Trade Mark Applications
Specific Requirements for Trade Marks:
- An application can designate specific member states where protection is sought.
- Filing must comply with the Banjul Protocol guidelines.
Additional Documentation:
- A detailed specification of goods/services must be provided. ARIPO charges USD 5 for each word over 50 in the specification.
Patent and Design Applications
Specific Requirements for Patents and Designs:
- Applications must specify the designated member states for protection.
- Filing must comply with the Harare Protocol guidelines.
International Considerations:
- ARIPO applications are influenced by international agreements such as the Paris Convention and the Patent Cooperation Treaty (PCT).
Timeline and Fees
Trade Marks:
- Typical registration timeline: 12-14 months, assuming timely submission of fees and documents and absence of objections.
- Detailed fee structures for different state designations and additional classes are available upon request.
Patents and Designs:
- The registration timeline depends on the prompt submission of required fees and documentation, similar to trade marks.
Additional Notes:
- Searches: Conduct availability searches in the ARIPO electronic database and, if necessary, perform national searches to ensure the mark’s availability in specific member states.
- Enforceability: Consider the enforceability of registrations in designated member states, particularly for trade marks under the Banjul Protocol, where only some states have fully incorporated the protocol into their national laws.
Additional Considerations
- Searches: Availability searches for trade marks can be conducted through ARIPO’s electronic database, which includes a Regional Database. However, not all Banjul Protocol states provide up-to-date information, increasing the potential for errors in search results. For comprehensive accuracy, national searches are advisable.
- Legal Requirements: Applications require a simply signed Power of Attorney (POA), full details of the applicant (legal status, nationality, physical address), and a representation of the mark if it is not an unstylised word mark.
- International Conventions: ARIPO member states participate in various international conventions, including the Berne Convention, Hague Agreement on Designs, Madrid Agreement on Marks, Madrid Protocol on Marks, Nice Agreement on Classification of Marks, Paris Convention, Patent Cooperation Treaty (PCT), WIPO Convention, WIPO Copyright Treaty, and WTO/TRIPS.
Contact Us
For a detailed consultation or to initiate your IP registration process with ARIPO, please contact us. Our experienced team at Barnard is ready to assist you with all your intellectual property needs in the African region.
Aletia Oberholster | Senior Associate and Head of IP
Email: aletia@barnardinc.co.za
Tel: +27 12 001 2739
Note: All information provided is subject to change and may vary based on specific circumstances and the latest updates from ARIPO.
Intellectual Property Team
