Scope
Legal proceedings take place after the issuance of the title before the courts of the OAPI member states.
Types of actions
3.1 The action for annulment
Objective: To retroactively invalidate a title issued by OAPI when the conditions of validity are not met.
3.2 The action for forfeiture (trademarks)
Objective: To render a trademark registration certificate ineffective.
Foundations:
- Non-use of the trademark for 5 consecutive years
- Degeneration (the brand name becomes the common name for the product)
3.3 The claim of ownership
Objective: To obtain the total or partial transfer of the title to the true owner.
3.4 The infringement action
Objective: To penalize the reproduction or imitation of a trademark or patented invention.
Sanctions: Civil and criminal liability of the perpetrator. Example: Patent infringement punishable by imprisonment of 1 to 3 years and a fine of 5 to 30 million CFA francs.
