Any business that has an industrial design and wants to grow its operations in the ARIPO market should make use of ARIPO’s intellectual property system. It is essential for businesses to file an industrial design application with ARIPO for industrial designs, even if the related product has not yet been launched on the ARIPO market.
ARIPO, or the African Regional Intellectual Property Organization, is an intergovernmental organization of African countries formed to facilitate efficient collaboration in matters pertaining to patents, copyright, industrial designs, utility solutions, and trademarks.
ARIPO now has 22 members, the majority of whom are from English-speaking countries, such as Botswana, Cape Verde, Eswatini, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mauritius, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Seychelles, Sierra Leone, Somalia, Sudan, Tanzania, Uganda, Zambia, and Zimbabwe. The organization was established in 1976 as part of the Lusaka Agreement.
Botswana, Cape Verde, Eswatini, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome, and Principe, Seychelles, Sierra Leone, Sudan, Tanzania, Uganda, Zambia, Zimbabwe are among the 20 nations covered by the Harare Protocol providing for the protection of patents, industrial designs, and utility solutions.
Requirements for application for registration of industrial designs at ARIPO
When registering an industrial design with the ARIPO Intellectual Property Office, English is the official language. Design applications can be submitted in any language; however, an English translation validated by the applicant or the translator must be provided within two months after the application date.
The following information and documents must be included in the ARIPO application for industrial design registration:
- Request ARIPO registration of an industrial design;
- applicant’s name, residence, and nationality, as well as business address;
- name of an industrial design
- information on any priority rights;
- proof of payment of the applicable fees.
Priority can be claimed within 6 months after the date of priority.
Certified copies of the Priority Document must be provided within three months after the application date. If the Priority Document is not in English, an English translation must be provided within 6 months of the application date.
A simply signed power of attorney must be submitted with the application or within two months of filing.
If the applicant is not the designer, a declaration detailing the applicant’s rights to the design should be provided with the application.
Examination of industrial design applications at ARIPO
Examination of the application for compliance with the formality requirements will be conducted.
Validity period and renewal of industrial designs at ARIPO
If the application meets the formality requirements, the design is registered and published. The design is valid for ten years from the date of submission, provided the yearly maintenance cost is paid in full. Each year, maintenance payments are payable on the date of application. If the necessary surcharge is paid, the maintenance cost can be paid up to 6 months beyond the due date.
International applicants for industrial design registration at ARIPO should conduct an industrial design search at ARIPO through a law firm, or an experienced industrial design attorney.