An OAPI registration gives you one title in 17 African states, but enforcement is not unitary. Under the Bangui Agreement, the rights it grants are independent national rights and infringement disputes go to the national courts of each member state, so OAPI IP enforcement means acting country by country, with local counsel, bailiffs and customs in each market. This guide is for brand owners and patent holders from Europe and Latin America who already rely on OAPI protection in French-speaking Africa, or are about to.
Key takeaways
- OAPI (the African Intellectual Property Organization) grants a single title for 17 member states, under the Bangui Agreement as revised on 14 December 2015 and in force since 14 November 2020.
- Infringement claims and criminal cases are heard by the courts of each member state (Article 4).
- A final decision on validity in one member state binds all the others; other final judgments need an exequatur in each state (Article 20).
- Annex III gives trade mark owners urgent measures, seizure, customs detention and criminal penalties, with deadlines of 10 working days to start proceedings on the merits.
- Foreign applicants must always provide security for a seizure (Annex III, Article 51(3)).
Which countries does an OAPI title cover?
According to OAPI, its 17 member states are Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and Togo. There is no national filing route in these countries: under Article 3 of the Bangui Agreement, OAPI acts as the industrial property office of each of them and as office of origin and designated office under the Madrid Protocol. The 2015 revision entered into force on 14 November 2020, as recorded in OAPI’s history page and WIPO Lex.
Why one OAPI title does not mean one court
Three provisions of the Bangui Agreement shape every enforcement strategy:
- Article 4: disputes on the recognition, scope or exploitation of the rights fall within the jurisdiction of the courts of the member states, which also have exclusive jurisdiction over related criminal matters. Arbitration or mediation remains possible.
- Article 5(1): rights under the annexes are independent national rights, subject to the legislation of each member state where they have effect.
- Article 20: final judicial decisions on the validity of titles in one member state bind all the others, save on public policy grounds; other final decisions are enforceable elsewhere only after an exequatur under the law of each state.
| Decision in one member state | Effect in the other 16 |
|---|---|
| Final ruling that the title is invalid | Binding automatically (Art. 20(1)) |
| Final injunction or damages award for infringement | Enforceable only after exequatur in each state (Art. 20(2)) |
| Interim measure or seizure order | Limited to the court’s jurisdiction; a new application is needed elsewhere |
The asymmetry matters. A defendant who counterattacks on validity and wins in one country can wipe out your title in all 17, while your own win on infringement has to be recognised state by state.
What tools does Annex III give a trade mark owner?
Annex III of the Bangui Agreement, on trade marks, sets common enforcement rules that apply in every member state:
| Tool | What it does | Key condition or deadline |
|---|---|---|
| Urgent measures (Art. 50) | Orders against the alleged infringer or intermediaries to prevent imminent or continuing infringement, ex parte if delay would cause irreparable harm | Merits proceedings within 10 working days of implementation, or the measures can be cancelled |
| Seizure for counterfeiting (Art. 51) | Detailed inventory, with or without seizure, by a bailiff or judicial officer on the order of the presiding judge, including at the border | Security may be required, and is always required of foreigners |
| Deadline after seizure (Art. 52) | Civil or criminal proceedings must follow | 10 working days, or the seizure is void |
| Information order (Art. 53) | Disclosure of origin and distribution networks | No legitimate impediment |
| Damages (Art. 54) | Loss of earnings, infringer’s profit and moral damage | Civil actions time-barred after five years (Art. 56) |
| Criminal penalties (Art. 57) | Fine of 5 to 30 million CFA francs and/or three months to two years’ imprisonment | Doubled for repeat offenders within five years (Art. 60) |
| Customs on request (Art. 66) | Detention of suspected goods on written application with proof of rights | Lifted after 10 working days (3 for perishables) unless court measures or proceedings are shown |
| Customs ex officio (Art. 67) | Detention by customs on its own initiative, with notice to the owner | Owner and prosecutor informed immediately |
Annex VII, on literary and artistic property, has a parallel set of tools for copyright, including seizure with the approval of the prosecutor or judge and customs detention. The rules are common, but the courts, bailiffs, customs practice and speed differ from one member state to the next.
How to coordinate OAPI IP enforcement across several states
- Prepare one evidence pack for all markets: certified registration extracts, proof of use, chain of title, licences and test purchases, translated into the language of each court (French in most member states).
- Pick the first forum carefully: where the infringer has assets or warehouses, where customs is active and where a validity counterattack is least likely to succeed.
- Budget for security deposits and bailiff costs in each country before applying.
- Synchronise actions so that a seizure in one country does not alert the infringer’s stock in another.
- Diarise every 10-working-day deadline; missing one voids the seizure or lifts the customs detention.
What this means for your business
Before enforcing, audit the OAPI titles themselves: owner name, goods and services covered, renewals and recorded licences. A weak title is a risk in 17 countries at once because of Article 20(1). Then decide whether customs applications in the main ports of entry would stop more goods than litigation. Our OAPI IP enforcement and litigation coordination covers both, and our trade mark team for Europe, Latin America and Africa can review the registrations first.
Where companies get OAPI enforcement wrong
- Treating OAPI like the EU trade mark system. There is no single infringement court; each state needs its own action.
- Missing the 10-working-day deadlines. The seizure is void and the infringer is now warned.
- Ignoring the validity risk. A counterclaim decided against you in one state ends your protection in all of them.
- Recording licences late. Licensees and distributors may be unable to act or to support the action.
- Uncoordinated correspondents. Several local firms acting without a common plan duplicate costs and send mixed signals to the infringer.
Frequently asked questions
Can I sue once for infringement in all OAPI countries?
No. Under Article 4 of the Bangui Agreement, infringement disputes and criminal cases are heard by the courts of each member state, and the rights are independent national rights under Article 5. A final infringement judgment from one state can be enforced in another only after an exequatur there, so multi-country cases need coordinated actions.
Does a validity decision in one OAPI state affect the others?
Yes. Article 20(1) makes final judicial decisions on the validity of titles in one member state binding on all the others, save for decisions based on public policy or morality. That is why the strength of the title and the choice of the first forum matter so much before you enforce.
How quickly must I act after a seizure in an OAPI state?
Under Annex III, civil or criminal proceedings must be started within 10 working days of the seizure or inventory, or it becomes void. Customs detentions on request are lifted after 10 working days, or three for perishable goods, unless you show court measures or proceedings. The same 10-day rule applies after urgent measures.
Can IP Global Guard enforce my OAPI rights?
Yes. We review your titles and evidence, design the multi-country plan and coordinate qualified local correspondents, bailiffs and customs applications in each OAPI member state, from a single point of contact. Filings and procedures before OAPI itself are handled directly where our professionals are entitled and otherwise through qualified representatives.
How IP Global Guard coordinates your enforcement in OAPI
OAPI makes filing simple and enforcement demanding: one title, up to 17 courts and deadlines measured in working days. IP Global Guard, the IP services line of META Channel Corporation Limited, coordinates registration and enforcement as one strategy, with one billing relationship, across more than 25 jurisdictions; see our coverage in Europe, Latin America and Africa.
Tell us which OAPI titles you hold, where the infringing goods appear and how they enter. We will propose the order of actions and coordinate them country by country. Contact our Africa enforcement team.
This article is general information, not legal advice, and does not replace an assessment of your specific case.
