Scottish Whisky Now Protected as a Geographical Indicator in 18 African Countries.
The retail market in Africa is getting more sophisticated, as countries with a growing middle class show increased interest in high end consumer brands. This has seen international brand owners taking greater interest in protecting their IP on the continent. Scotch whisky is already protected as a Geographical Indication meaning that in nearly 100 countries including the whole of the European Union only whisky produced in Scotland under certain standards can bear the name Sc
São Tomé and Principe - 10th Contracting Party to the Banjul Protocol
Sao Tome acceded to the Banjul Protocol on 27 November 2015. It will become a contracting state and eligible for designation as of 27 February 2016. This accession brings the number of member states party to the Banjul Protocol to 10. The Banjul Protocol establishes a centralised trade mark registration process for English speaking African countries who are members of the African Regional Industrial Property Organisation (ARIPO). It is worth noting that of the 9 (now 10) ARIP
Maasai lose 5 Year Battle to Revert Land Sale and Protect their Indigenous Knowledge
On 27th October 2015 the High Court of Tanzania, handing down its judgement in the case lodged by the Maasai of Northern Tanzania to revert the sale of their traditional land to US based company Thomson’s Safari, rejected the Maasias petition and ruled in favour of Thomsons Safari. The decision, putting an end to a 5 year long legal battle to save their community land whose use is set to be converted from pastoral to tourism. The main contention of the Maasai in this case is
OAPI accedes to the Singapore Treaty
The World Intellectual Property Organisation (WIPO) has issued a notification that the African Intellectual Property Organisation (OAPI) has acceded to the Singapore Treaty. The notification (which can be accessed here) states that the instrument of accession was deposited with WIPO on 13 November 2015 and as such the Treaty will enter into force in OAPI on 13 February 2016, with certain Articles being declared to be not applicable in OAPI. According to WIPO’s website, the ob
Key Themes and Drivers for Africa in 2016
NKC African Economics, a South African company of which the majority shareholder is independent global advisory firm Oxford Economics, recently presented a webinar entitled “Outlook for Africa – Key Themes and Drivers in 2016”. According to NKC African Economics’ website, they evaluate the political and macroeconomic conditions of 30 African countries and use the information obtained to assess each country’s sovereign risk based on a ratings model they developed themselves. C
Zambia to Strengthen IP Protection with 5 New Bills
President Edgar Lungu of Zambia at the official opening of the 15th session of the council of Ministers of the African Regional Intellectual Property Organisation (ARIPO) meeting in Lusaka announced that his government is working on 5 new intellectual property bills. In a statement read on his behalf by Vice President Inonge Wina at the ARIPO meeting last month, President Lungu implored Africa to invest in intellectual property systems for the protection of innovations of th
Libyan Trade Mark Office Sets December 31st Deadline For Late Renewal of Trade Marks.
Rouse Africa has become aware of an informal, verbal notice that appears to have been released by the Libyan Trade Marks Office (LTMO) relating to late renewal applications. According to reports, the LTMO has set a deadline of 31 December 2015 for trade mark proprietors or applicants to file renewal applications in respect of trade mark registrations or pending applications that have lapsed, irrespective of the date of such lapse. It will reportedly also be necessary for appl
Protection of Trade Marks and Service Marks through OAPI
The African Intellectual Property Organization (Organisation Africaine de la Propriété Intellectuelle – OAPI) was formed in terms of the Bangui Agreement which came into effect on 2 March 1977 and revised on 24 February 1999. OAPI’s Bangui Agreement unlike ARIPO Banjul Protocol provides for some aspects of substantive trademark law. Annex III of the Bangui Agreement provides for substantive and procedural aspects of trademark law, the first part being trademarks and service m
WTO Extends Drug Patent Exemptions for Least Developed Countries
On 6 November 2015 the World Trade Organisation (WTO) TRIPS Council agreed to extend a waiver already in place in favour of Least Developed Countries (LDCs) which exempts them from having to implement provisions of the TRIPS Agreement which require the protection of pharmaceutical patents. With the previously agreed upon deadline of 1 January 2016 fast approaching, the extension gives LDC’s a further 17 years before they need to fully comply with provisions in TRIPS dealing w
A Brief Look at OAPI and the Madrid System.
OAPI acceded to the Madrid Protocol for the International Registration of Marks in December 2014 and the Protocol entered into force on 5 March 2015. This provides brand owners in French West Africa with potentially faster and cheaper access to international brand protection. The Madrid System provides for brand owners to potentially protect their products through one international application covering about 100 countries. The protection of intellectual property rights in mos
