ARIPO and OAPI Forge New Agreement to Align Intellectual Property Systems Across Africa

The African Regional Intellectual Property Organization (ARIPO) and the Organisation Africaine de la Propriété Intellectuelle (OAPI) have entered into a new memorandum of understanding (MoU) to harmonize intellectual property (IP) systems across their respective jurisdictions in Africa. The agreement was signed in Harare, Zimbabwe, in early February 2023, following a high-level Experts Meeting and the annual Joint Commission sessions held from February 7 to 9.

This latest MoU replaces two previous agreements signed in 1996 and 2005, establishing a comprehensive cooperation framework between ARIPO and OAPI. The agreement is effective from the date of signing and will remain valid for four years.

Both organizations share common missions, including the granting of intellectual property titles, dissemination of technical information, and public sensitization on various IP aspects such as legal, technical, economic, and strategic considerations. They also collaborate on training initiatives, capacity building, and promoting innovation and creativity within their member states.

According to Charles Satumba, Documentation and Communication Associate at ARIPO, the new agreement aims to deepen cooperation in harmonizing IP systems, enhancing documentation and technical information exchange, expanding training programs, raising user awareness, and providing technical assistance.

The MoU also emphasizes the importance of developing common positions on major IP issues affecting member states at both African and international levels.

ARIPO and OAPI represent different linguistic and regional blocs within Africa. OAPI comprises 17 member states primarily from French-speaking West Africa, while ARIPO includes 19 member states mainly from English-speaking African countries.

Paulin Edou Edou, Director General of OAPI, and Fernando dos Santos, Director General of ARIPO, signed the agreement on behalf of their respective organizations.

Maurice Batanga, Director of Legal Affairs, Cooperation and Emerging Issues at OAPI, explained the legal frameworks governing each organization. OAPI operates under the Bangui Agreement, first enacted in 1977, which provides the legal foundation for the organization. ARIPO, on the other hand, is governed by several protocols, including the Lusaka Protocol (1976), the Harare Protocol, the Banjul Protocol, and the Swakopmund Protocol.

The Harare Protocol authorizes ARIPO to receive and process patent and industrial design applications on behalf of its member states. The Banjul Protocol establishes a trademark application system similar to the Harare Protocol. The Swakopmund Protocol, which concerns the protection of traditional knowledge and expressions of folklore, has yet to enter into force pending additional signatories; its regulations have been effective since January 1, 2012.

Batanga highlighted key differences in how the two organizations grant industrial property titles. At OAPI, the regional office alone issues titles valid across all member states. In contrast, ARIPO operates both regional and national offices; the regional office issues titles valid in designated member states, while national offices handle issuance and registration within their respective countries.

To achieve harmonization, the two bodies plan to conduct a comparative study of their respective IP legislation to identify similarities and differences. This analysis will inform proposals to amend divergent substantive provisions, aiming to establish uniform criteria for the validity of intellectual property rights.

Additionally, the organizations will review their procedures for issuing IP titles, noting commonalities and discrepancies. The goal is to align these procedures to facilitate equivalent processes across both systems.

Once legislative and procedural equivalence is achieved, ARIPO and OAPI intend to integrate their systems further, simplifying access to industrial property titles and fostering a more cohesive IP environment across their member states.