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ARIPO Publishes its Amended Protocols

28-Feb-2019 | Source : ARIPO | Visits : 4229
ZIMBABWE - ARIPO has availed online the updated editions of its two main protocols; namely the Protocol on Patents and Industrial Designs, widely known as the Harare Protocol and the Banjul Protocol on Marks. The amendments were adopted by the 42nd Session of the Administrative Council of ARIPO in November 2018. The Office has also published its Administrative Instructions under the Harare Protocol according to the official website of ARIPO.

Banjul Protocol on Marks

The changes that were made were largely made to give more clarity to certain clauses of the protocol as well as aligning the text of the protocol with that of the regulations and vice-versa. However, the amended protocol now has a new rule 11bis relating to publication of applications in the ARIPO journal as well as detailing the contents of the published mark.

Another amendment was made on Sub-rule 11:1. The rule was seen to be more appropriate if it came under Rule 6 relating to Formalities Examination by the Office as opposed to it coming under Rule 11 relating to examination by a designated State. Therefore sub-rule 11:1 has been deleted from Rule 11 and transferred to the more appropriate place under Rule 6 as sub-rule 6:3. In view of the deletion, a new paragraph 11:1 relating to substantive examination has been introduced.

Harare Protocol on Patents and Industrial Designs

As is the case with the amendments to the Banjul Protocol, those for the Harare Protocol were also in most cases intended to bring clarity on issues contained in certain clauses of the Protocol. Such amendments have been made to Section 3 (Patents), 3ter (6), Section 5bis (4). Section 5bis (4) amendment seeks to make it clear that request for re-establishment of rights is available for all deadlines save for the deadline to file/lodge the request for re-establishment of rights. The subject matter which was under Section 3 (17) has been moved to newly introduced paragraph 6 under Rule 22 on General Provisions.

A major amendment was also made on Section 6 relating to entry into force and final provisions. Instruments of ratification or accession are now deposited with the Director General as opposed to the Government of the Republic of Zimbabwe after the amendment of Section 6(1) (b). Section 6 subject matter directed to denunciation, signature and amendment of the Protocol has been deleted and new Sections 7, 8 and 9 relating to Denunciation of the Protocol, Signature of the Protocol and Amendment of the Protocol respectively have been introduced.

Furthermore, a new Sub-section 9 is introduced so as to provide for notification of the designated State and publication of a utility model if the Office decides to register the utility model. A new rule 18quater relating to substantive examination of industrial designs has also been introduced.

Other sections that have changed include Rule 3(2) (Inspection of Files), Rule 8 (Declaration of Priority), and Rule 9 which was made in order to specify the contents of an industrial design application as well as specifying the Rules relating to patent applications that will apply to industrial designs as not all Rules relating to patent applications apply to industrial designs. Rule 15ter (Extension of Time Limits) has also been amended.

The new protocols and the administrative instructions are found here: Harare Protocol and Administrative Instructions and Banjul Protocol

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