Intellectual Property in Benin
Smit & Van Wyk assists with the protection of Intellectual Property in Benin, including the filing, prosecution and enforcement of patents, designs, trade marks, copyright and plant breeders’ rights. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio. We can assist with the protection, prosecution and enforcement thereof. It is our mission to provide unparalleled service to our treasured clients by developing dynamic solutions which are tailored to suit individual Intellectual Property needs. The key to achieving this lies with our vibrant people, who are eager to go beyond the call of duty.
Benin patents may only be filed through the OAPI union where a single application covers all member states. It is not possible to obtain national registration in Benin but penalties for infringements are the responsibility of Benin courts. OAPI patents have a duration of 20 years from date of filing. Annual renewal fees are payable from the first anniversary of the filing date. OAPI is a member of the PCT and the Paris Convention (International treaty for the protection of Industrial Property).
Types of Patents:
- Patent of Invention
- National Phase PCT Application
Methods of medical diagnosis, treatment or surgery are not patentable.
Benin trade marks may only be registered through the OAPI union where a single application covers all member states. OAPI trade marks are valid for 10 years from the filing date and are renewable every 10 years thereafter. OAPI is a member of the Paris Convention (International treaty for the protection of Industrial Property) and the Madrid Protocol (an international system for obtaining trade mark protection for a number of regions through a single application).
Types of Trade Marks:
- Standard marks
- Certification marks
The most current edition of the Nice Classification of Goods and Services is followed.
Benin designs may only be registered through the OAPI union where a single application covers all member states. OAPI designs have an initial term of 5 years from date of filing, with possible extensions of 2 further terms of 5 years each. Industrial designs are filed under the Hague Agreement which governs the international registration of industrial designs and allows protection in multiple countries or regions with minimal formalities. OAPI is a member of the Paris Convention (International treaty for the protection of Industrial Property).
Types of Designs:
- Industrial Designs