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Amendments to Trademark Laws

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Mrz 31, 2015 (Newsletter Issue 5/15)
WIPO
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Fees and Licence Recordal for IR Designating OAPI


1. As provided for by Rule 34(2)(b) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (“the Common Regulations”), the African Intellectual Property Organization (OAPI) has notified the Director General of the World Intellectual Property Organization (WIPO) that it accepts to collect and forward to the International Bureau of WIPO the fees due under the Madrid Protocol and the Common Regulations.

Pursuant to Rule 35(1) of the Common Regulations, any fees paid to the International Bureau of WIPO should be in Swiss currency, irrespective of the fact that OAPI may have collected such fees in another currency.

2. As provided for by Rule 20bis(6)(b) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (“the Common Regulations”), the African Intellectual Property Organization (OAPI) has notified the Director General of the World Intellectual Property Organization (WIPO) that the recording of licenses in the International Register shall have no effect in the territory of its member States.

Consequently, a license relating to an international registration of a mark which has been granted with respect to OAPI shall, in order to have effect in that Contracting Party, be recorded in the Register of OAPI. The formalities required for such recording must be completed directly with OAPI and according to the conditions laid down by the legislation of that Contracting Party.

3. Both notifications entered into force on the date of entry into force of the Madrid Protocol with respect to OAPI, namely, March 5, 2015.

Source: www.wipo.int