Legal litigation

Scope

Judicial litigation comes after the issuance of the title before the jurisdictions of the OAPI Member States.

Types of actions

3.1 Nullity action

Objective: retroactively destroy a title issued by the OAPI when the validity conditions are not met.

3.2 Action in forfeiture (marks)

Objective: to deprive an effect a brand registration certificate.

Foundations:

  • Non-use of the brand for 5 consecutive years
  • Degeneration (the brand becomes the usual designation of the product)

3.3 The claim of property

Objective: obtain the total or partial transfer of the title to the real holder.

3.4 Action in counterfeiting

Objective: to sanction the reproduction or imitation of a patented brand or invention.

Sanctions: Civil and criminal responsibility of the author. Example: patent infringement punishable by imprisonment of 1 to 3 years and a fine of 5 to 30 million CFA francs.

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