In order to provide a stimulus to scientific development and facilitate the free movement of technology, the Gulf Cooperation Council was established in Riyadh (Saudi Arabia) in 1998.

The Council’s objective is to harmonize and unify patents issued in the following countries:

Saudi Arabia, Bahrain, United Arab Emirates, Kuwait, Oman and Qatar

A single application in Arab is filed to request a GCC patent. GreatNor IP Law has Arab-speaking personnel to facilitate the process and navigate through the legislation regarding patent protection in the GCC countries.

Patents are granted for a period of 20 years from the relevant application date. Applications can be submitted directly, and priority can be claimed

within the 12 months following a prior application.

However, GCC patent holders are required to make adequate use of the patent in at least one of the contracting states within three years of concession.

The African Intellectual Property Organization (OAPI), which was created by the Bangui Agreement of March 2, 1977, allows for patent protection by filing a single application.

OAPI member states include:

Benin , Comoros, Burkina Faso, Cameroon, Central African Republic, Congo, Ivory Coast, Gabon, Guinea Equatorial, Guinea Bissau, Mali, Mauritania, Nigeria, Senegal, Chad, Togo and Guinea.

Patents granted by the OAPI are valid for 20 years.

Very low fees and protection in numerous countries on the African continent make the OAPI patent very advantageous.

Under the Harare Protocol, patent protection can be applied for from the ARIPO (African Regional Intellectual Property Office):

The contracting states of the Protocol include:

Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sierra Leona, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe.

Once the application has been filed to ARIPO, the invention undergoes a substantive examination to verify the presence of an inventive step, novelty, and industrial application.

This procedure simplifies the approval process, since a single exam is conducted by means of a single language.

The Eurasian Patent Convention, adopted 9 September1994 in Moscow, has also facilitated the protection of inventions by means of a single procedure, applicable in the following countries:

Armenia, Azerbaijan, Belarus, Russian Federation, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Ukraine.

The application process is handled by the Eurasian Patent Office based in Moscow, and the language for the procedure is Russian, sparing extra translation expenses.

The criteria for patent approval include an inventive step, novelty and industrial application.

The Hague Agreement governs the international registration of industrial designs, allowing for protection in multiple countries or regions with minimal formalities. A single application is filed with the World Intellectual Property Organization (WIPO), based in Geneva (Switzerland).

At GreatNor IP Law we have a great deal of experience in registrations of this type with WIPO. The Hague system streamlines the process, avoiding the need to apply for protection in each country. As a result, extra costs are spared and the time required to obtain protection is reduced.

Furthermore, WIPO does not require a base registration: to apply for protection of a design, no prior European or national registration is necessary.

The application process entails the payment of three types of fees in Swiss francs:

1. Basic fee

2. Publication fee

3. Designation fee

Unless WIPO issues a denial, the registration is granted and the effects are equivalent to those of a national registration under the legislation in the contracting state of the Hague Agreement, in accordance with the treaties of both the Hague Act of 28 November 1960 and the Geneva Act of 2 July 1999.

GreatNor IP Law recommends the Hague system because of the simple and economical protection it offers for industrial designs. One single procedure and language avoid incurring additional translation charges.

The registration system is harmonized, without prejudice to the formalities of some countries, such as those of the United States.

In addition to protecting a mark as a national trademark (on a country-by-country basis), and as a European trademark, international trademark protection is viable under the Madrid System, which is governed by the Madrid Agreement and the Madrid Protocol.

A major advantage of this patent protection system is its low cost relative to its territorial scope.

The Madrid System is a one stop solution for registering and managing marks worldwide. Only one application is filed, in one language, paying one set of fees. However, a few countries, such as Japan or Cuba, require payment of individual fees.

By simplifying and consolidating the procedures required, the Madrid System offers quick and economical protection in numerous countries.

A base registration or application, either Spanish or European, is required to apply for an international trademark under the Madrid System.

International trademark registration is valid for 10 years, renewable for successive 10-year periods.

List of Members States in the International trademarks

According to the UK Trademark regulation, a “trade mark” means any sign which is capable:

(a) of being represented in the register in a manner which enables the registrar and other competent authorities and the public to determine the clear and precise subject matter of the protection afforded to the proprietor, and

(b) of distinguishing goods or services of one undertaking from those of other undertakings.

The same regulation states that a trade mark may, in particular, consist of words (including personal names), designs, letters, numerals, colours, sounds or the shape of goods or their packaging. The UK Trademark protection lasts for 10 years, renewable every 10 years to keep its protection.

UK is one of the most competitive markets, for this reason, as UK Trademark representatives, we always recommend to our clients to obtain a prior search report before we file a UK Trademark application.

GreatNor IP Law encourages a combination of both Madrid System and PCT protection. Should a third party use the patent and trademark without consent, an international trademark facilitates acting in response much more efficiently than sole patent protection.

Registering an international trademark with foreign customs reinforces this protection, and is ideal in countries where the biggest and most important ports are located.

The African Intellectual Property Organization (OAPI) also allows trademark protection through a single procedure and language. Member states are:

Benin , Comoros, Burkina Faso, Cameroon, Central African Republic, Congo, Ivory Coast, Gabon, Guinea Equatorial, Guinea Bissau, Mali, Mauritania, Nigeria, Senegal, Chad, Togo and Guinea.

We consider this route to be highly advantageous – the cost of a national application in any individual member state of the OAPI could exceed the cost of OAPI trademark application, which covers all member countries.

At GreatNor IP Law, we advise broadening international trademarks to include OAPI, provided that commercial activity is foreseen in these countries. OAPI is part of the Madrid Protocol, meaning that OAPI registration provides access to International Trademark protection.

Under the Banjul Protocol of 1977 on trademarks, applicants interested in protection in English-speaking African countries can file a trademark application before the African Regional Intellectual Property Office (ARIPO), which cover the following countries:

Botswana, Lesotho, Liberia, Malawi, Namibia, Santo Tomé and Principe, Swaziland, Tanzania, Uganda and Zimbabwe.

In this case, the application must specify the countries in which protection is sought. One language is required when filing, which reduces costs. The procedure takes 10-12 months.

Trademarks are granted for 10 years, and are renewable for successive 10-year periods.