Industrial Designs

– Harare Protocol on Patents, Industrial Designs and Utility Models, adopted in Harare, Zimbabwe, on December 10, 1982, as amended from time to time.
– Regulations for Implementing the Harare Protocol, in force since April 25, 1984, as amended from time to time.
– All member States of the Organization (parties to the Lusaka Agreement) are contracting States to the Harare Protocol, with the exception of Somalia and Mauritius. Of these, the following have (a) national legislation conferring industrial design rights, and (b) provisions recognizing ARIPO registrations thereof: Botswana, Cabo Verde, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, São Tomé e Príncipe, Seychelles, Sierra Leone, Sudan (but excludes South Sudan), Uganda, Zambia and Zimbabwe.

Registrability, Filing Procedure

Registrability: there are no specific exclusions in the Harare Protocol as to what may form the subject matter of a design. However, it is provided that a designated State may refuse to recognize the registration of a design on the ground that such registration is not allowable in terms of the national laws of that member State.

Novelty: although it is provided that a designated State may refuse to recognize the registration of a design on the ground that it is not new, there is no definition in the Harare Protocol as to the meaning of “new”.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (on ARIPO Form 4) (may be lodged within two months from application);
2a. If the industrial design is two-dimensional, a graphic reproduction which may be in the form of a drawing or tracing (3 copies);
2b. If the industrial design is three-dimensional, a graphic reproduction, which may be in the form of a drawing or tracing, of each of the different sides of the industrial design (3 copies);
3. Description/statement of novelty (required on the day of filing);
4. Details of International Classification (can be late filed within three months from filing);
5. Designation of States required;
6. Assignment (can be late filed within three months from filing);
7. Certified copy of basic application where priority is claimed (sworn translation as in patents, if applicable) (can be late filed within three months from filing).

Electronic filing: available. 

Electronic signatures: are accepted. Scanned copies of signed documents are also accepted, however, the original must follow at a later date.

Registration, Rights and Obligations

Duration: determined by the domestic laws of each designated State (note however that the Harare Protocol was amended effective January 1, 2000 to provide for a maximum ten-year term – this provision is in conflict with the national laws of several Contracting States, e.g. Zimbabwe which provides for a fifteen-year term of protection).

Annuities: payable annually to the ARIPO Office from the first anniversary of filing.

Annuity grace period: a six-month period is allowed for the late payment of annuities, subject to a prescribed fee.

The other provisions of the Protocol correspond to those relating to “patents“, above.