Insights · · By Soel Ngaba
What is an OAPI-accredited attorney?
The title is odd. An “attorney accredited before the African Intellectual Property Organization (OAPI)” still prompts questions. Being an “attorney-in-fact” is not, by itself, a profession: anyone may be given authority to perform a legal act for another. Some mandates, however, are exercised professionally. That is the case of industrial-property agents who, in the OAPI system, are called Mandataires.
What is the mission?
An OAPI attorney is an independent professional, trained in the texts and the procedures, whose core field is industrial property. Training also covers copyright. The practice is governed by a regulation.
The mission is to advise, assist and represent a natural or legal person in obtaining, maintaining, exploiting and defending rights — trade names, trade marks, geographical indications, industrial designs, patents, and related questions.
How does one become one?
First, the title of industrial-property counsel, granted by the Director General of OAPI: a qualifying degree, prior practice in an office or a specialised firm, the ability to act on legal, administrative and technical operations, and success at the aptitude examination. Then a certificate of good character, establishment in a member State, professional-liability insurance, and observance of the regulation.
No one may offer the public, professionally and for a fee, representation for obtaining, maintaining or defending titles unless they are an accredited attorney. That restriction is a guarantee for the client.
Three fields of work
Advice. Choice and content of protection. Assessment of conflict with earlier rights. Exploitation of rights already obtained.
Preparation and follow-up of applications. Checking the consistency of instructions, the conformity of documents, time limits and fees; answering objections; seeing the title granted and published in the Official Gazette; keeping it in force and recording later changes.
Defence. Amicable negotiation; opposition or a claim of ownership before OAPI; and, where the dispute is judicial, work with counsel — infringement, invalidity, unfair competition.
The attorney may also train, advocate for IP, mediate, contribute to legislation, or act as a court expert.
Duties
Dignity, conscience, independence, integrity. An indicative fee schedule. Annual insurance. Withdrawal in the event of a conflict of interest. Professional secrecy over the whole of the activity. Seeing the matter through and accounting for the mandate.
Is representation compulsory?
If the applicant is domiciled outside the 17 member States — Europe, the United States, Asia, the Maghreb — they must act through an accredited attorney. If they are domiciled in a member State, they may file themselves. The steps remain technical: we advise using a professional. OAPI publishes an up-to-date list of accredited attorneys.
The profession is governed by the Regulation of 16 December 2008, as revised by Resolution No. 48/13 of 12 December 2019. See also article 4 of the Regulation.
Team Ekeme Lysaght