African Regional Intellectual Property Organization

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 (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, Ethiopia, from 4 to 10 June 1974. 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, Zambia, from 6 to 9 December 1976. 13 English-speaking African countries sent delegates. 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, Kenya, until it was decided in 1981 to move the headquarters to Harare, 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, 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

1. Algeria
2. Angola
3. Burundi
4. Egypt
5. Eritrea
6. Ethiopia
7. Libya
8. Nigeria
9. South Africa
10. Tunisia

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, industrial design, patent, trademark, traditional knowledge and utility model rights.

International cooperation

• On 3 October 2019, the ARIPO signed a Memorandum of Understanding with the Eurasian Patent Organization.

References

References

1. link. (2016-11-12 at [[WIPO]] website. Consulted on July 4, 2013.)
2. "Member States - The African Regional Intellectual Property Organization (ARIPO)".
3. link. (November 1, 2009 , News, Thursday, 4 August 2011. Consulted on September 16, 2011.)
4. [http://www.wipo.int/edocs/pctndocs/en/2011/pct_news_2011_09.pdf Rwanda Joins ARIPO] {{Webarchive. link. (2013-01-02 , PCT Newsletter, September 2011, No. 09/2010, p. 1.)
5. (June 2014). "Sào Tomé and Príncipe". ARIPO}}; {{cite web.
6. (November 2021). "Seychelles joins ARIPO". [[WIPO]].
7. T Kongolo, "History of intellectual property in Africa" (2017) 39 EIPR 428, 433; T Kongolo, ''African Contributions in Shaping the Worldwide Intellectual Property System'' (Ashgate 2013) 75; ES Nwauche, "An Evaluation of the African Regional Intellectual Property Right Systems" (2003) 6 JWIP 101, 128.
8. T Kongolo, "History of intellectual property in Africa" (2017) 39 EIPR 428, 434.
9. T Kongolo, "Historical Developments of Industrial Property Laws in Africa" (2013) 5 WIPOJ 105, 113.
10. 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.
11. CB Ncube, ''Intellectual Property Policy, Law and Administration in Africa'' (Routledge 2016) 98; T Kongolo, "Historical Developments of Industrial Property Laws in Africa" (2013) 5 WIPOJ 105, 113. The original text of the Lusaka Agreement is reprinted as Text 1-002 in [1977] Industrial Property Laws and Treaties.
12. MH Chirambo, "The African Regional Industrial Property Organization (ARIPO) as an Example of Regional Cooperation in the Field of Patents (WIPO/INV/BEI/02/10)" (2002) 8.
13. 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, 44.
14. Cf T Kongolo, "Historical Developments of Industrial Property Laws in Africa" (2013) 5 WIPOJ 105, 113.
15. link. (2021-01-28 (31 December 2020) 37(12) ARIPO Journal, 2.)
16. ED de Plessis, ''Adams & Adams Practical Guide to Intellectual Property in Africa'' (Pretoria University Law Press 2012) 567, 584ff; BM Wood-Kahari, "ARIPO" in E Fennessy (ed), ''Trademarks Throughout the World'' (Clark Boardman Callaghan) (looseleaf, October 2019 Update), para 9A:1.
17. ARIPO, [https://www.aripo.org/wp-content/uploads/2020/07/2019-ARIPO-Annual-Report.pdf "ARIPO 2019 Annual Report"] {{Webarchive. link. (2020-12-04 (2020) accessed 19 January 2021, 13.)
18. ARIPO, [https://www.aripo.org/rwanda-takes-the-lead-in-joining-the-arusha-protocol-for-the-protection-of-new-varieties-of-plants-within-the-framework-of-aripo/ "Rwanda takes the lead in joining the Arusha Protocol for the Protection of New Varieties of Plants within the framework of ARIPO"] {{Webarchive. link. (2021-01-28 (7 June 2019) accessed 19 January 2021.)
19. ARIPO, [https://www.aripo.org/sao-tome-and-principe-ratifies-the-arusha-protocol/ "São Tomé and Príncipe Ratifies the Arusha Protocol"] {{Webarchive. link. (2021-01-27 (1 October 2020) accessed 19 January 2021.)
20. Arusha Protocol 2015, art 40(3).
21. "ARIPO Patent Office homepage".
22. "Eurasian Patent Organization (EAPO)".