ARIPO
Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.
trade mark information
Types of Trade Mark
Substantive, with or without priority claim; service marks, collective marks, certification marks.
Classification
Nice Classification;
Multi-class;
Goods and services can be registered, with the exception of Malawi.
International Arrangements
Paris Convention priority can be claimed.
Renewal
10 years from the filing date and every 10 years thereafter;
There is a 6 month grace period available, on payment of a late fine.
Use Provisions
Determined on a national basis. In most contracting countries, non-use for a continuous period of five years or longer from the date of registration may render a registration vulnerable to removal by an aggrieved party.
Patent information
Substantive with or without priority claims;
PCT regional phase.
Types of Patent
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:
- In 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.
International Arrangements
Duration
Paris Convention priority can be claimed.
Renewal
Renewal 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.
A 6-month grace period is available on payment of a late fine.
design information
Types of Design
Substantive with or without priority claims.
International Arrangements
Paris Convention priority can be claimed.
Duration
Designs registered after 1 January 2022 have a term of 15 years from the filing date.
Renewal
Renewal fees are payable annually, on each anniversary of the filing date.
a 6-month grace period is available on payment of a late fine.
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