3 May 2015Trademarks

INTA 2015: OAPI discusses Madrid System benefits

A director at the African Intellectual Property Organization (OAPI) has spoken about the benefits that joining the Madrid System will bring to the association, despite some of its members being suspended for opposing its recent accession to the regime.

Maurice Batanga, director of the legal division at OAPI, said the accession would attract more brands to apply for trademarks in the region and improve the economy in the organisation’s 17 member states.

He was speaking today (May 3) at the International Trademark Association’s (INTA) annual meeting in San Diego.

His comments come after several members of OAPI were reportedly suspended for questioning the legality of OAPI’s accession, which the organisation approved late last year on behalf of its member states.

The organisation signed an instrument of accession to join the Madrid System on December 5. It entered into force in each of the 17 member states on March 5, 2015.

But according to the Afro-IP blog, some lawyers questioned the legality of the decision and formed a group called the Collectif des Conseils en Propriété Industrielle (Collective of IP Attorneys), which is looking to reverse the decision.

Batanga, speaking at a Madrid System users’ meeting at INTA, said the request was made by representatives of each member state.

“The decision was taken during the 53rd meeting of the Administrative Council, which comprises members of each of our 17 member states,” he said.

“OAPI is a unique system. Only the regional office has the jurisdiction to register trademarks on behalf of all of its member states.

“Any filing which contains the designation of OAPI is the equivalent to registration in each member state,” he added.

Batanga said that joining the system would simplify the registration of international trademarks and that the number of trademark applications filed at the organisation would likely increase.

“This will increase the number of products, brands, traders and retailers using the system in our area, which will improve the economy and development. OAPI will advise on applications, including controlling the quality of applications and managing any changes.”

The Madrid System allows its 95 signatories to protect their trademarks by filing one application with one set of fees.

But, during the INTA meeting, David Muls, senior director of the Madrid Protocol at the World Intellectual Property Organization (WIPO), pointed out that the accession of OAPI had brought the number of countries covered by the agreement to 111, as there are 17 countries signed up to OAPI.

Muls said the aim for the next few years was for the Madrid System to become the trademark equivalent of the WIPO-administered Patent Corporation Treaty, which has 148 members.

He added that by 2017, Cambodia, Algeria and Trinidad & Tobago will also have signed up to the system.

The INTA annual meeting runs from May 2 to 6.

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