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.
