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Africa

 
Your Trusted Intellectual Property Partner in Africa
At Codex & Co. Intellectual Property we are dedicated to delivering unparalleled intellectual property services in Africa across diverse markets, empowering businesses, law firms, inventors, and innovators to protect their IP and nurture their ideas. With a client-centric approach and a commitment to excellence, we are your dependable partner for safeguarding IP assets in rapidly evolving regions
Comprehensive Coverage, Proactive Management
Our extensive network and strategic presence allow us to offer seamless IP services tailored to your needs. In addition, with physical offices in Africa, South Asia and the Middle East, as well as a network of trusted local associates, we are not only in charge of the process we manage even minute details to guarantee your rights are fully upheld. From navigating local regulations to managing multi-jurisdictional filings, we are here to support you every step of the way.
Your Partner for Regional IP Excellence
Understanding the intricacies of regional IP organizations and filing processes is key to protecting your intellectual property. We provide expert guidance on: • Filing procedures for trademarks, patents, and designs in individual jurisdictions. • Insights into regional frameworks like ARIPO, OAPI, GCC. • Strategic advice to maximise IP protection while optimizing costs. Looking for filing requirements in any African country? Simply select your desired country and email us for tailored assistance.
International Agreement
Classification
• System: Tenth edition of Nice Classification of Goods and Services. • Filing: Single-class filing.
Protectable
• Trademarks, service marks, certification marks, collective marks, and series marks.
Home Registration
• Required. Legalized documents like a Commercial Register extract, Certificate of Incorporation, or a Chamber of Commerce certificate are needed if no home or foreign application/registration exists.
Examination
• Both formal and substantive examinations are conducted.
Unregistrable Marks
• Marks lacking distinctiveness, such as flags, coats of arms, or emblems of states or international organizations. • Descriptive or non-distinctive expressions, false marks of origin, and public domain marks. • Marks contrary to morality, public interest, or law, including deceptive and scandalous marks.
Use Requirement
• Registration is vulnerable to cancellation if unused for five years, subject to a court decision
Assignment & Licensing
• Assignment: Allowed. • Licensing: Allowed.
Marketing Requirement
• Optional.
Trademark Requirements
1. Mandatory Documents
• Power of Attorney with Apostille certification. • Priority document with Apostille certification (if claiming priority). • Certified home/foreign registration certificate. If unavailable, a Certificate of Incorporation or Commercial Register extract suffices.
2. Filing Procedure
• Trademark applications can be filed and receive a filing number without complete documents. Missing documents must be submitted within three months, or the application will be abandoned.
3. Timeline for Registration
• Filing to Examination: 7 to 9 months. • Examination to Publication: 3 to 5 months. • Opposition Period: 60 days after publication. • Issuance of Certificate: 2 to 4 weeks after the opposition period ends. • Total Time: 14 to18 months
Renewal Requirements
• Power of Attorney with Apostille certification. • Grace period: 3 months.
Assignment Requirements
• Power of Attorney from the assignee with Apostille certification. • Deed of Assignment signed by both parties and stamped, with Apostille certification.
Change of Name/Address
• Power of Attorney in the new name/address with Apostille certification. • Certified change of name/address certificate.
License Agreement Requirements
• Power of Attorney by licensee with Apostille certification. • Signed license agreement with Apostille certification.
Key Points:
• Licenses are only valid for registered trademarks. • Licensing must be in writing and recorded in the Trademark Register to affect third parties. • Licensing terms are valid if mutually agreed upon. • The license becomes effective from the date of signature but must be recorded and published for enforcement.
Timeline for Recording a License:
• Filing to Examination: 7 to 9 months. • Examination to Certificate Issuance: 14 to 18 months.
Agency Agreement Requirements
• Power of Attorney with Apostille certification. • Signed agency agreement with Apostille certification.
Legalization Updates
As of December 31, 2013, Bahrain adopted the Hague Convention (1961). Apostille documents are now sufficient for filing IP-related matters. Legalization by Bahraini consulates is no longer required for countries part of the Hague Convention.
Opposition Procedure
• Opposition can be filed within 60 days of publication in the Official Gazette, with reasoning. • Appeals can be submitted to the Minister within 30 days of notification.
Sound Trademark Requirements
• Musical note of the sound mark. • Audio file in MP3 or compatible format. • Power of Attorney with Apostille certification. • Certificate of Incorporation or Commercial Register extract.
Process:
• Sound trademarks undergo the same examination as traditional trademarks. • Published in the Official Gazette with the musical composition printed. • Registration Certificate is issued after the opposition period. Sound marks are treated the same as traditional marks in terms of fees and registration procedures under Bahraini Trademark Law No. 11 of 2006.
Patent Requirements
Filing Requirements:
1. A Power of Attorney with Apostille certification. 2. An extract from the Commercial Register or Memorandum of Association (for companies) with Apostille certification. 3. One copy of the English specification and claims, along with an Arabic translation. 4. One set of invention drawings, if applicable. 5. An abstract of the invention (maximum 200 words) with the best explanatory diagram. 6. A deed of assignment signed by the inventor and applicant, legalized up to an Arab consulate (if the applicant is not the inventor). 7. A certified copy of the application showing filing date, number, and country for priority claims. A patent application can initially be filed with a simple copy of the Power of Attorney signed and sealed by the applicant’s corporate stamp. The original legalized copy must be submitted within three months, along with simple copies of documents (2 and 5).
Submission Timeline:
• Documents (3, 4, and 5) must be submitted on the filing date. • Documents (2, 6, and 7) must be submitted within 90 days of filing (strictly non-extendible).
Assignment Applications:
1. A Power of Attorney signed by the assignee company with Apostille certification. 2. A deed of assignment executed by both parties with Apostille certification.
Registered User/License Agreement Applications:
1. A Power of Attorney signed by the licensee company with Apostille certification. 2. A license agreement executed by both parties, legalized up to an Arab consulate.
Change of Name/Address Applications:
1. A Power of Attorney signed by the company with the new name/address, with Apostille certification. 2. A certificate of name/address change issued by a competent authority in the applicant’s domicile.
Remarks:
• The current Patents and Utility Models Law in Bahrain is Law No. 1 of 2004, effective January 29, 2004. Ministerial Resolution No. 54/2006 issued on May 8, 2006, introduced implementing regulations. • Patent applications have been accepted since May 11, 2006. Law No. 14/2006, effective June 1, 2006, amended Law No. 1/2004 to align with the Patent Law Treaty and Patent Cooperation Treaty. • Patents granted before 2004 are treated under the new law, with the remaining protection period calculated based on a 20-year term.
Opposition:
Accepted patent applications are published in the Official Gazette. Oppositions can be filed within 60 days of publication.
Search:
Published patent applications and granted patents can be searched by title, patentee name, subject matter, or patent number.
Examination:
Applications are examined for form, novelty, and industrial applicability.
Annuities:
Annual maintenance fees are required on the anniversary of the grant date, with a 6-month grace period for late payment (with a surcharge).
Protection Term:
Patents are protected for 20 years from the filing or priority date.
Compulsory Licensing:
If a patent is not fully utilized within three years of its grant, it may be subject to compulsory licensing under the law.
Novelty Requirements:
Absolute novelty is required. However, disclosure within 12 months prior to filing, either in an official exhibition or without the inventor’s consent, will not affect the application.
Special Protection Rights:
• Patents of addition. • Extensions for unreasonable delays in granting patents or delays caused by the marketing approval process for pharmaceuticals.
Comprehensive Guide to Design and Domain Name Registration in Africa
In Bahrain, a design registration is valid for 10 years from the filing date and can be renewed for one additional term of 5 years, making the total validity 15 years. To issue the registration certificate, the design must already have a home registration or any other foreign registration. The specifications must match those in the basic registration, which can be in the form of drawings or photographs showing at least three views of the design.   Applications are examined for compliance with formalities, novelty, and industrial applicability. An annual maintenance fee is required on the anniversary of the grant date, with a 6-month grace period for late payments, subject to a surcharge. Multiple-figure applications are now allowed, with up to 50 figures per application.   The international specification of designs is not applied in Africa, and no strict novelty requirements exist. Accepted design applications are published in the Official Gazette, allowing a 30-day period for opposition by any interested party.
Design Requirements:
• A signed Power of Attorney, certified with an Apostille. • A certified copy of the Home Registration or any foreign registration. • Three copies of the design drawings. • A summary description of the design. • A certified copy of the priority document, if claiming priority. A design application can initially be filed with a simple copy of the signed and sealed Power of Attorney bearing the official stamp of the applicant company. However, the original legalized Power of Attorney must be submitted within three months of filing the application, along with simple copies of the documents listed under points 2 and 5.
Domain Name Registration in Africa
Filing Requirements:
• A completed application form, which can be submitted by mail, email, or fax. • A letter requesting the domain name registration, printed on official letterhead and submitted by mail or fax. • A signed Power of Attorney, certified with an Apostille.
FILING REQUIREMENTS
Copyright Applications 1. A Power of Attorney legalized up to the Africa Consulate. 2. Three copies of the work. 3. A legalized copy of the deed of assignment, if the applicant is not the author. REGISTRATION AND TIME FRAME The approximate time frame for completing the registration process is 4 to 6 weeks.