REPUBLIC OF THE CONGO
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Design
Forms part of
- ARIPO
- OAPI
- PARIS CONVENTION
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Congo is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) and it is not possible to register a design nationally in Congo. Patent and design protection only available by filing OAPI
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- REPUBLIC OF THE CONGO
- ARIPO
- OAPI
Paris Convention for the Protection of Industrial Property; and Convention Establishing the World Intellectual Property Organization (WIPO).
An industrial design is defined as:
- any combination of lines and/or colours intended to give a special appearance to any object of industry or handicraft.
- any three-dimensional shape, whether or not associated with colours and any object of industry or handicraft that may serve as a pattern for the manufacture of other articles and is distinguished from similar objects or shapes either by a different recognisable configuration which gives the shape a novel character or by one or more outer effects which give it a specific novel appearance.
The Locarno International Classification is used.
Absolute novelty applies.
There is a six-month grace period. The novelty of a design will not be destroyed by the disclosure of the design within six months prior to the filing date on account of:
- an evident abuse in relation to the applicant or their predecessor in title;
- or the display of the design by the applicant or their predecessor in title at an official or officially recognised exhibition.
Design applications are examined as to compliance with formal requirements only; i.e. the novelty of the design is not assessed.
A design may not be renewed for another five years if same was not worked in the Democratic Republic of the Congo