ARTICLE · 06 FEBRUARY 2017

ARIPO Developments: Amended Harare Protocol On Patents And Industrial Designs

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The African Regional Intellectual Property Organization's ("ARIPO's") amended Harare Protocol on Patents and Industrial Designs (the "Protocol"), came into effect on 1 January 2017 and includes some important changes.

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Joanne Van Harmelen

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The African Regional Intellectual Property Organization's ("ARIPO's") amended Harare Protocol on Patents and Industrial Designs (the "Protocol"), came into effect on 1 January 2017 and includes some important changes.

Most pertinent of these, for those who choose ARIPO as a filing vehicle in Africa, is that it is now compulsory to request substantive examination for ARIPO patent applications. A provision for restoration or re-establishment of rights has also been included. The introduction of new fees and the hiking of application and renewal fees, which, while perhaps necessary to ensure that ARIPO continues to develop systems and improve efficiencies, will not be popular with applicants. However, the amendments do clarify provisions on patentable inventions, restrictions on biotech inventions and multiple dependencies of claims, which are largely welcome. Below, we look at some of these amendments in more detail.

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