Designs and Models
– Ordinance No. 89-019 of July 31, 1989 and Decree No. 92-994 of December 2, 1992, effective December 9, 1993.
The Madagascar Industrial Property Law is currently under review to ensure compliance with the provisions of the World Trade Organization TRIPS Agreement, but the new law has not yet been enacted.
Membership in International Conventions
– Madagascar joined OAMPI on October 14, 1958, and design rights were governed by the terms of the Libreville Agreement, which came into force on January 1, 1964. Madagascar left the OAMPI Union on December 31, 1976.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since December 21, 1963.
– Convention Establishing the World Intellectual Property Organization (WIPO), since December 22, 1989.
– WTO Marrakesh Agreement, January 1995.
– WTO’s TRIPS Agreement, since November 17, 1995.
Applicant: the creator or his successor whether a partnership, company or individual, either national or foreign.
Naming of creator: the creator of an industrial design is entitled to be mentioned as such in the registration.
Novelty: novelty requirements are not defined, but the assumption is that novelty must be absolute.
Registrable: any design that differs from other similar designs by a distinct configuration that affords it a novel nature or gives it an individual new appearance.
Not registrable: those elements of the design that serve solely to obtain a technical result capable of leading to an invention that is patentable in itself; designs contrary to public policy or morality.
Examination procedure: examination as to form – there is a presumption that the design is novel.
Opposition: there is no provision for opposition.
Publication: registration of the design is advertised in the Official Industrial Property Gazette shortly after grant.
Beginning of protection: protection begins from the date of filing.
Duration: five years subject to renewal for two further five-year periods.
Renewals: renewals are due on the fifth and tenth anniversary of the filing date. There is a six-month period of grace.
Marking: not provided for.
Assignments and licenses: must be in writing and recorded at the Industrial Property Office to be effective against third parties.
Infringement: a registered proprietor may apply to a court for seizure of infringing design, and institute an action for damages. Infringement of design rights also constitutes a criminal offense punishable with imprisonment and/or fine.
Revocation: the competent court may annul a design registration on request of an interested party.
Restoration: there is provision for requesting restoration of rights which have lapsed due to failure to comply with time limits, by reasons of force majeure.
Filing requirements for an application (to be sent to resident agent):
1. Notarized power of attorney;
2. Description in French in triplicate;
3. Drawings in triplicate;
4. If Convention priority is claimed, a certified copy of the basic application with French translation.
For registration of assignment/license:
1. Notarized deed of assignment/license or other instrument of title in French or together with a French translation;
2. Notarized power of attorney.