International treaties

Madrid protocol and Hague arrangement

MM2 form

International registration request relating exclusively to the Madrid protocol (MM2)

International Brand Transformation form into a regional brand

Regulation/taxes

International registration regulations for brands

Taxes applicable to international brands at the OAPI

Administrative instructions

Madrid administrative instructions

PCT notification n ° 216: Changes in the execution regulations

The Director General of the World Organization for Intellectual Property (OMPI) presents his compliments to the Ministry of Foreign Affairs and, in accordance with article 68.4) of the Patent Cooperation Treaty (PCT), made in Washington on June 19, 1970, modified on September 28, 1979, February 3, 1984 and October 3, 2001, has the honor of transmitting attached copies certified , French and English of PCT execution, adopted on October 9, 2019, by the Assembly of the International Union of Cooperation in Patents (PCT Union), to its fifty and first session (22nd ordinary Sesion) held in Geneva from September 30 to October 9, 2019. The said modifications will come into force on July 1, 2020.

January 31, 2020

Changes in the Patent Cooperation Cooperation Execution Regulation (PCT)

The Paris Convention

The Convention for the Protection of Industrial Property was signed in Paris on March 20, 1883. It is the oldest agreement administered by the OMPI [1] in terms of industrial property.

It originally had eleven member countries, but today, it is ratified by nearly two hundred countries. It sets the main principles [2] and governs the international protection of industrial property. His text underwent several modifications, the last of which took place in Stockholm on July 14, 1967.

The Bern Convention

Established on October 9, 1886 in Bern, and revised on numerous occasions, including the last date of 1971 in Paris, the Berne Convention of 1886 for the protection of works of literary and artistic property was administered, like the Paris Convention, by the OMPI.

This agreement governs author law on his work. It sets the main principles and governs the international protection of literary and artistic property. It sets the minimum authors' protection rules that the contracting parties have the obligation to integrate into their internal legislation.

The Bern Convention also lists, in a non -exhaustive manner, works eligible for protection under copyright [3]. The countries of the Union are required to protect the works thus listed by their national legislation as well as those which, although not on the list, are nevertheless considered to be creations of the spirit entering the category of literary and artistic works.

ADPIC Agreement

Adopted on April 15, 1994 in Marrakech, this agreement was the result of the multilateral commercial negotiations of the Uruguay cycle carried out within the framework of the GATT, which led to the creation of the World Trade Organization. All OAPI member states have joined the ADPIC agreement.

The purpose of the ADPIC agreement is to harmonize intellectual property protection standards worldwide.

The ADPIC agreement includes provisions of minimum protection standards governing the different sectors of intellectual property (copyright and related rights, invention patents, brands, geographic indications, industrial drawings or models, etc.).

In addition, the ADPIC Agreement establishes the general obligation for contracting states to provide, within the framework of their ordinary judicial system, of the loyal and rapid procedures for the application of intellectual property rights in the event of infringement of these rights. These procedures include rapid corrective measures intended both to prevent any subsequent attack and to provide adequate compensation to the owner of the law, any final administrative decision having to be the subject of a revision by a judicial authority.

This general obligation is accompanied by specific rules on:

    • Civil and administrative corrective procedures and measures;
    • provisional measures;
    • border measures;
    • Criminal procedures.

[1] Acronym of the World Intellectual Property Organization whose headquarters are in Geneva in Switzerland.

[2] This is the right of priority, the assimilation of the Unionist in the National, the independence of protection securities, etc.

[3] Under the terms of article 2 of the Bern Convention " the terms literary and artistic works include all the productions of the literary, scientific and artistic domain, whatever the mode or the form of expression ... ".

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