Legislative Implementation of Flexibilities - African Intellectual Property Organization

Title:	Articles 1-4 of Annex II Utility Models, Title I, of the revised Bangui Agreement of 02/03/1977 (as on 24/02/1999)
Field of IP:	Patents
Type of flexibility:	Utility models
Summary table:

Provisions of Law

Article 1

Definition and Criteria

Within the meaning of this Annex, utility models protected by registration certificates granted by the Organization shall be implements of work or objects to be utilized or parts of such implements or objects in so far as they are useful for the work or employment for which they are intended on account of a new configuration, a new arrangement or a new component device, and are industrially applicable.

Article 2

Novelty

(1) The implement or object or the parts of the one or the other as specified in Article 1 above shall not be considered new if, on the date of the filing of the application for registration with the Organization, they have been described in publications or if they have been publicly used on the territory of a member State.

(2) The novelty referred to in paragraph (1) above shall not be denied if, during the twelve months preceding the date specified in paragraph (1) above, the implement or object or the parts of the one or the other have been the subject of a disclosure resulting from

(a) an obvious violation committed against the applicant or his predecessor in title; or

(b) the fact that the applicant or his predecessor in title has displayed them at an official or officially recognized international exhibition.

Article 3

Industrial Applicability

A utility model shall be considered industrially applicable if it can be made or used in any kind of industry. The term “industry” shall be understood in its broadest sense; in particular it shall cover handicraft, agriculture, fishery and services.

Article 4

Subject Matter Not Qualifying for Utility Model Protection

The following may not be registered as a utility model:

(1) A utility model according to Article 1 of this Annex that is contrary to public policy or morality, public health, the national economy or national defense, provided that the exploitation of the said model shall not be considered contrary to public policy or morality merely because it is prohibited by law or regulation.

(2) No utility model may be protected under this Annex if it has already been the subject of a patent or a utility model registration based on a prior application or an application validly claiming an earlier priority.