Industrial Property Law in Madagascar

The protection regime of industrial property in Madagascar is mainly governed by the provisions of Ordinance No. 89-019 of 31 July 1989.

Two decrees can also be mentioned: firstly, Decree No. 92-993 of 2 December 1992, which is an implementing degree of the ordinance of 1989, and secondly, Decree No.92-994 of 2 December 1992 establishing and organizing the Malagasy Industrial Property Office (or « OMAPI« ).

The OMAPI is an organization responsible for administering industrial property and promoting inventive activity in Madagascar. It is thus in charge of delivering the various titles of industrial property rights such as patents, registration certificates for trademarks, services, industrial designs or models or trade names.

The Malagasy Customs Code also contains in its articles 28 to 32 some provisions relating to (i) the different import or export prohibitions concerning counterfeit goods or (ii) the prohibitions concerning the protection of trademarks and indications of origin.

At international level, Madagascar is since 1989 a member of the World Intellectual Property Organization (or « WIPO« ) following the ratification by Madagascar of the Stockholm Convention establishing WIPO.

Moreover, Madagascar has joined on 24 January 1978 the Patent Cooperation Treaty of 19 June 1978 (or « PCT« ). Within this framework, OMAPI acts as designated office for international patent applications.

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