About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

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:PDF

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.