Mozambique Joins The Banjul Protocol On Trademarks

• Published date: 22 June 2020
• Author: Ms In's D. Tavares
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Inventa International

The African Regional Intellectual Property Organisation (ARIPO) was established in 1976 under the Lusaka Agreement. It is an intergovernmental association, which brings together jurisdictions to cooperate in IP matters and bolsters IP protection for its members by facilitating proceedings, simplifying formality requirements, and providing an online register and an online gazette. The member states are Botswana, Eswatini, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Sierra Leone, Somalia, Sudan, Tanzania, Uganda, Zambia and Zimbabwe. Further, the Lusaka Agreement states that membership is open to countries in the African Union and members of the United National Economic Commission for Africa.

ARIPO proceedings are ruled by four major protocols:

• the Harare Protocol on Patents and Industrial Designs;
• the Banjul Protocol on trademarks;
• the Swakopmund Protocol on the Protection of Traditional Knowledge; and
• the Arusha Protocol for the protection of New Variety Plants.

Not all ARIPO member states have joined these protocols - each country can decide to ratify all or a particular protocol and incorporate it into its legislation. For entry into force of a protocol, a country must sign and then deposit its instrument of ratification or instrument of accession with the director-general of ARIPO with an indication of its acceptance to be bound to its described rules and regulations.

The following countries have enacted the Banjul Protocol for Trademarks (1993): Botswana, Eswatini, Lesotho, Liberia, Malawi, Namibia, Tanzania, Uganda, Zimbabwe, and Sao Tome and Principe.

Mozambique, a Portuguese-speaking country and the first member state to have never had a constitutional connection with the United Kingdom or a Commonwealth member state, joined ARIPO in February 2000. Until very recently, it was a member of the Harare...