The African Regional Intellectual Property Organization (ARIPO), formerly African Regional Industrial Property Organization, is an intergovernmental organization for cooperation among
Africa
Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area ...
n states in
patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
and other
intellectual property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
matters. ARIPO was established by the Lusaka Agreement
[See th]
list of ARIPO-administered treaties
at WIPO
The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishin ...
website. Consulted on July 4, 2013. of 1976. It has the capacity to hear applications for patents and registered
trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...
s in its member states who are parties to the Harare (patents), Banjul (marks) and Arusha (
plant varieties) protocols.
ARIPO also features a protocol on the protection of
traditional knowledge
Traditional knowledge (TK), indigenous knowledge (IK) and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities. According to the World Intellectual Property Organ ...
, the Swakopmund Protocol,
signed in 2010 by 9 member states of the organization which entered into force on May 11, 2015, and was amended on December 6, 2016.
ARIPO has the
WIPO
The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishin ...
ST.3 code AP. Its 19 member states are mostly
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
-speaking countries. Rwanda became the 18th member state on March 24, 2010,
[ARIPO web site]
Rwanda Joins ARIPO
, News, Thursday, 4 August 2011. Consulted on September 16, 2011.[Rwanda Joins ARIPO](_blank)
, PCT Newsletter, September 2011, No. 09/2010, p. 1. and
São Tomé and Príncipe
São Tomé and Príncipe (; pt, São Tomé e Príncipe (); English: " Saint Thomas and Prince"), officially the Democratic Republic of São Tomé and Príncipe ( pt, República Democrática de São Tomé e Príncipe), is a Portuguese-speaking i ...
on May 19, 2014 (the Harare Protocol entered into force on August 19, 2014 with respect to São Tomé and Príncipe). Seychelles became a member State of ARIPO on 1 January 2022.
The name of the organization changed from ''African Regional Industrial Property Organization'' to ''African Regional Intellectual Property Organization'' in 2005.
History
Lusaka Agreement
At a patents and copyright seminar for English-speaking African countries organised in October 1972 by the
World Intellectual Property Organisation (WIPO), the country representatives endorsed a plan to have WIPO and the
United Nations Economic Commission for Africa
The United Nations Economic Commission for Africa (UNECA or ECA; french: link=no, Commission économique pour l'Afrique, CEA) was established in 1958 by the United Nations Economic and Social Council to encourage economic cooperation among its ...
(UNECA) organise a conference to discuss the harmonisation of industrial property legislation and the creation of a central office. The conference, to which 19 English-speaking countries were invited, took place in
Addis Ababa
Addis Ababa (; am, አዲስ አበባ, , new flower ; also known as , lit. "natural spring" in Oromo), is the capital and largest city of Ethiopia. It is also served as major administrative center of the Oromia Region. In the 2007 census, t ...
, Ethiopia, from 4 to 10 June 1974.
[T Kongolo, "History of intellectual property in Africa" (2017) 39 EIPR 428, 434.] During the conference, a draft agreement toward the establishment of an organisation on industrial property for the English-speaking African countries was prepared and several resolutions were passed to facilitate that goal; it was also agreed to eventually hold a diplomatic conference to adopt the draft.
The diplomatic conference to adopt the agreement was subsequently convened by WIPO and UNECA in
Lusaka
Lusaka (; ) is the Capital city, capital and largest city of Zambia. It is one of the fastest-developing cities in southern Africa. Lusaka is in the southern part of the central plateau at an elevation of about . , the city's population was ab ...
, Zambia, from 6 to 9 December 1976.
[T Kongolo, "Historical Developments of Industrial Property Laws in Africa" (2013) 5 WIPOJ 105, 113.] 13 English-speaking African countries sent delegates.
[International Bureau of WIPO, "Diplomatic Conference for the Adoption of an Agreement on the Creation of an Industrial Property Organization for English-Speaking Africa" (1977) 16 Industrial Property 43, 43.] The "Agreement on the Creation of the Industrial Property Organization for English-speaking Africa" (Lusaka Agreement) was adopted on 9 December 1976 with Ghana, Kenya, Mauritius, Somalia, Uganda, and Zambia as original signatories. It entered into force on 15 February 1978.
The general purpose of the new regional organisation, known at the time as ESARIPO, was to achieve a higher degree of cooperation in the area of industrial property; this included efforts to work toward the harmonisation and joint development of national industrial property laws.
The organisation was originally based in
Nairobi
Nairobi ( ) is the capital and largest city of Kenya. The name is derived from the Maasai phrase ''Enkare Nairobi'', which translates to "place of cool waters", a reference to the Nairobi River which flows through the city. The city proper ha ...
, Kenya, until it was decided in 1981 to move the headquarters to
Harare
Harare (; formerly Salisbury ) is the capital and most populous city of Zimbabwe. The city proper has an area of 940 km2 (371 mi2) and a population of 2.12 million in the 2012 census and an estimated 3.12 million in its metropolitan ...
, Zimbabwe.
Under the Lusaka Agreement, membership to ESARIPO was originally open to English-speaking African countries (Lusaka Agreement, art IV). The Agreement also provided that the organisation maintain a close working relationship with WIPO and UNECA (art V) and cooperate with other appropriate organisations (art VI) such as OAPI.
Early on, ESARIPO was especially focused on harmonisation efforts in the area of patent law. At the Diplomatic Conference in Lusaka, the members requested that until the organisation has established its own secretariat, WIPO and UNECA should "take the necessary preparatory steps for the implementation of the project to establish a patent documentation center in the framework of a regional Office". This process culminated in the adoption of the Harare Protocol on patents on designs in 1982.
Members
(Tanzania does not include
Zanzibar
Zanzibar (; ; ) is an insular semi-autonomous province which united with Tanganyika in 1964 to form the United Republic of Tanzania. It is an archipelago in the Indian Ocean, off the coast of the mainland, and consists of many small islands ...
, which operates under its own, independent intellectual property regime and maintains a separate office for the registration of intellectual property.)
, five countries have signed the Arusha Protocol of 6 July 2015 (Gambia, Ghana, Mozambique, São Tomé and Príncipe, and Tanzania). , two countries have ratified or acceded to it (Rwanda and São Tomé and Príncipe). For the Protocol to enter into force, four countries need to have deposited their instruments of ratification or accession.
Seychelles became a member State of ARIPO on 1 January 2022.
Observers
Organs
ARIPO’s organisational structure consists of four organs: the Council of Ministers, the Administrative Council, the Secretariat, and the Board of Appeal.
Rights covered
Together, the two protocols constituting the organisation cover
copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
,
industrial design
Industrial design is a process of design applied to physical Product (business), products that are to be manufactured by mass production. It is the creative act of determining and defining a product's form and features, which takes place in advan ...
,
patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
,
trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...
,
traditional knowledge
Traditional knowledge (TK), indigenous knowledge (IK) and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities. According to the World Intellectual Property Organ ...
and
utility model
A utility model is a patent-like intellectual property right to protect inventions. This type of right is available in many countries but, notably, not in the United States, United Kingdom or Canada. Although a utility model is similar to a patent ...
rights.
International cooperation
* On 3 October 2019, the ARIPO signed a Memorandum of Understanding with the
Eurasian Patent Organization.
See also
* ''
Organisation Africaine de la Propriété Intellectuelle
The ''Organisation Africaine de la Propriété Intellectuelle'' or OAPI ( en, African Intellectual Property Organization) is an intellectual property organization, headquartered in Yaoundé, Cameroon. The organisation was created by Bangui Agreem ...
'' (OAPI)
References
{{reflist, 30em
External links
Official website
Intellectual property organizations
Patent offices
Organizations based in Africa