ARIPO

 

Lysaght offers a complete IP service in this country, assisting clients in the filing, registration, recordal and renewal of their IP rights. For further information and our prices, please e-mail us with your specific enquiry.

TRADE MARK INFORMATION 
ClassificationInternational, Nice
Multi-class
Goods and services can be registered, but Malawi as a member of ARIPO does not recognise service marks
PriorityConvention priority can be claimed
Renewal10 years from the filing date and every 10 years thereafter
There is a 6 month grace period
Use provisionsNon-use of a mark in all of the designated countries for a period of 5 years from registration renders it open to an action for cancellation by third parties
PATENT INFORMATION 
Types of PatentSubstantive with or without priority claims
PCT regional phase
PriorityConvention priority can be claimed
Duration

ARIPO grants patents for a term of 20 years from the effective filing date, but until the national laws are standardised, the term of the patent in each territory varies according to the national laws currently in force.

For instance:
- Kenya has brought its IP legislation into line, and now has a 20 year term for patents;
- For Malawi and Zambia, the duration of the patent is still 16 years;
- Lesotho recognises a 10 year term, and allows a further 10 year term

ARIPO's attitude, whilst encouraging 'harmonisation' amongst member states, is that all states have signed the various Protocols and will therefore uphold rights granted to applicants through the ARIPO Office.

We regret, however, that we cannot be as optimistic of the outcome of infringement actions in, for example, Zambian National Courts, with regard to infringement during the 17th to 20th years of an ARIPO term.

AnnuitiesRenewal fees are payable annually on each anniversary of the effective filing date, starting with the fee for the second year which is payable on the first anniversary thereof
DESIGN INFORMATION 
PriorityConvention priority can be claimed
DurationDesigns are registered for a term of 10 years from the filing date
RenewalRenewal fees are payable annually on each anniversary of the filing date