JEE Africa

Madagascar is a member of the Paris Convention and Madrid agreement

Madagascar is a member of the Paris Convention, the Madrid Protocol and the WTO/TRIPS.

Trade mark applications may be filed as national applications, in appropriate circumstances claiming convention priority in terms of the Paris Convention, or the country may be designated in international applications filed in terms of the Madrid Protocol.

Provision is made for the registration of trade marks for goods and for services, and for collective marks.

Types of Trademark registrable

Service marks are registrable.

Madagascar operates a “Single-class” registration system (A separate application is required for each class). There are provisions for the registration of COLLECTIVE MARKS. There are no provisions for the registration of DEFENSIVE and SERIES MARKS.

International and regional arrangements

Madagascar is a member of the Paris Convention and Madrid agreement

Documents required for trademark registration

1. Power of Attorney, notarized using a round “seal”.

2. 10 prints, even for word marks in ordinary type.

3. Priority document (if applicable), with verified French translation.

Renewals

Trademarks are valid for an initial period of 10 years counting from the date of filing and renewable every 10 years thereafter

A Declaration of Use must be filed every 5 years

Documents required for renewals

Power of Attorney notarized using a round “seal”.

Documents required for assignments/mergers

1. Power of Attorney notarized using a round “seal”.

2. Deed of Assignment or other instrument of title, notarized, with verified French translation.

Documents required for change of name

1. Power of Attorney notarized using a round “seal”.

2. Certificate of Change of Name, notarized, with verified French translation.

Documents required for change of address

Power of Attorney notarized using a round “seal”.

Documents required for licenses/registered users

1. Powers of Attorney notarized using a round “seal”, from proprietor and licensee.

2. License Agreement, notarized using a round “seal”, with verified French translation.

Madagascar is a member of the Paris Convention, the PCT and the WTO/TRIPS.

Patent protection is available via a national filing. Patent protection may also be obtained by way of a national phase application based on an international application under the PCT designating Madagascar.

Filing requirements

National Phase PCT application

1. Power of Attorney (notarized) (can be late filed within two months)

2. Specification, claims and abstract in French (required within five months)

3. Formal drawings, if applicable (required on the day of filing)

4. Copy of Published International Application (required on the day of filing)

5. Copy of International Search Report (can be late filed, no set deadline)

6. Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)

Patents of Invention (Non-PCT):

1. Power of Attorney (notarized) (can be late filed within two months)

2. Specification, claims and abstract in French (required within five months)

3. Formal drawings, if applicable (required on the day of filing)

4. Assignment of Priority Rights (can be late filed, no set deadline)

5. Priority document with verified French translation (can be late filed within three months)

Duration and Renewal

The term of a patent is fifteen years from the filing date.

Madagascar is a member of the Paris Convention and the WTO/TRIPS. Design protection is available by way of a national filing.

Filing Requirements

1. Power of Attorney

2. Drawings, photographs or a specimen of the design

3. The nature of the design or article together with the corresponding class or classes of the International Classification for Industrial Designs.

4. An explanatory description of the industrial design.

5. Certified copy of priority document, if priority claimed, with verified French translation

6. Assignment document

Duration and Renewal

Design registration is valid for an initial term of five years from the filing date, which is renewable upon payment of the required fees for two further terms of five years each. A grace period of six months is provided for the payment of the renewal fee after the deadline

Madagascar is a member of the Berne Convention and the WTO/TRIPS.

The law provides for copyright in respect of all intellectual works, whatever their genre, form of expression or merit, including:

• books, brochures and other literary, artistic and scientific writings

• lectures, speeches, addresses, sermons

• dramatic and dramatico-musical works

• choreographic works, pantomimes

• musical works

• cinematographic and audiovisual works

• works of art, architecture, painting, drawing, sculpture, etc

• graphic and typographic works

• photographic works

• works of applied art or craft

• illustrations and geographical maps

• plans, sketches and plastic works relating to geography, topography, architecture

• software programs

• works of folklore

• translations, adaptations, arrangements of works

• databases or compilations of data.