OAPI reaffirms stance in Madrid Protocol row
The African Intellectual Property Organization (OAPI) has reaffirmed its stance that its accession to the Madrid Protocol was legal, despite criticism from an opposition group of lawyers.
In a statement published on its website, mangers at OAPI have said that the way it entered into the Madrid Protocol was not in breach of the 1977 Bangui Agreement, which created OAPI.
Last month, OAPI suspended a group of lawyers who were alleged to be members of an organisation called the Collectif des Conseils en Propriété Industrielle (Association of Industrial Property Attorneys).
The Collectif had cast doubt on the legality of OAPI’s decision to join the Madrid Protocol and said the Bangui Agreement would prevent it from joining.
The Collectif argued that OAPI does not have a “ mandate to ratify a treaty on behalf of the member states” that are part of the organisation. The group also argued that entering into such an agreement would have an adverse economic impact on the individual nations that make up OAPI.
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.
In its statement, OAPI said the Bangui Agreement enabled the organisation to take measures so that the 17 nations can “keep pace with the international system of industrial property protection”.
It said: “An intergovernmental organisation may become a party to the protocol provided it meets the following conditions: at least one of the member states of the organisation is a party to the Paris Convention and that organisation has a regional office for the purpose of registering marks.”
The organisation concluded that it will not go back its decision to suspend those involved in the Collectif campaign.
WIPR has contacted one of the law firms that criticised the legality of OAPI’s accession to the protocol but it has asked to remain anonymous.
The law firm did not respond to a request for comment on OAPI’s statement.
The Madrid Protocol allows its signatories to protect their trademarks in up to 94 countries by filing one application with one set of fees.
