IP lawyers suspended from OAPI in Madrid Protocol row

The African Intellectual Property Organization (OAPI) has suspended several of its members following their opposition to the way in which the organisation joined the Madrid Protocol.

Cameroon-headquartered OAPI is made up of 17 primarily French speaking countries in the west of Africa. Its members include Senegal, Gabon and Mauritania.

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

But according to the Afro-IP blog, some lawyers have cast doubt on the legality of OAPI’s decision and have formed a group that is looking to reverse the decision.

Operating under the name Collectif des Conseils en Propriété Industrielle (Collective of IP Attorneys), the lawyers have reportedly questioned whether OAPI is allowed to ratify a treaty on behalf of its member states.

Furthermore, according to the blog, the group has claimed that joining the protocol will negatively affect the activities of law firms in each member state.

OAPI has since published a statement, in French, claiming that the lawyers, who have not been publicly named, have been suspended from working with OAPI.

In the statement, Paulin Edou Edou, director general at OAPI, added: “The patent attorneys involved in this campaign and the firms they are attached to will not be allowed to represent clients at OAPI for any action which includes, but not limited to patents, trademarks and design applications.”

OAPI did not respond to WIPR’s request for comment.

The Madrid Protocol allows its signatories to protect their trademarks in up to 94 countries by filing one application with one set of fees.