AFRICAN INTELLECTUAL PROPERTY ORGANIZATION (ORGANISATION AFRICAINE DE LA PROPRIETE INTELLECTUELLE).
As a popular phrase states, “Together we stand, divided we fall.” This gives birth to a strong bond between people striving for a common purpose. Yielding a greater output entails the consent and, more importantly, the willingness of the people[1] involved in the construction process. Willingness is portrayed by the tangible implications and cooperation of the subjects involved in the process.
Under International Law, States are originating subjects[2]. Besides, International Organizations are derived subjects owing to the willingness of States. Thus, international organizations can be considered as offsprings of States. By definition, an international organization is a collectivity of States established by treaty, with a constitution and common organs, having a personality distinct from that of its member-states, and being a subject of international law with a treaty-making capacity[3]. Without the list being exhausted, the United Nations Organization[4] as well as the African Intellectual Property Organization[5] are international organizations.
On March 2nd, 1977[6], the African Intellectual Property Organization was created under the Bangui Agreement. The Bangui Agreement provides the organs[7], assigning duties and obligations to member states[8], the scope of application of the organization,[9] and confers to the organization’s legal personality[10].
Staying on the same lane, His Excellency, Dr. BOUHOUSSOU LOUKOU Denis assures the office of the director-general of the organization whose duties are provided under the Bangui Agreement[11]. The organization’s headquarters seat at the political capital of Cameroon, that is Yaounde. To be more specific, it is located at province, behind the former office of passport production across the road. To this date, the African Intellectual Property Organization counts seventeen member states[12] whose voices are led by their respective Ministers of trade, industry, mines, and small and medium enterprises.
[1]Legal Personality confers onto moral people of public law (States), and moral people of private law (Associations, Interests Economic Groups, Companies) recognition before the law. Article 6 of the Universal Declaration of Human Rights (December 10th, 1948) confers personality onto a physical person due to his inherent human nature.
[2] Catherine ROCHE in L’essentiel du Droit international public, 4e Ed., Gualino lextenso éditions, 2010, p.55.
[3] Sir Gerald G Fitzmaurice, as Rapporteur of the International Law Commission (ILC), in 1956.
[4] Created in 1945, the United Nations Organization is an international organization with general competence. Its field of action is wide because it deals with issues of peace and security, social, and economic welfare, and human rights.
[5] As an international organization with a special competence, the African Intellectual Property Organization known in French as “Organisation Africaine de la Propriété Intellectuelle” ” Article 2, Section II, Part I of the Bangui Agreement (Act of December 14th, 2015) defines the duties and responsibilities of the organization such as: to promote the protection of intellectual property assets; provides training on intellectual property; contributing to the promotion of protection for literary and artistic property as an expression of cultural and social values; as well as stimulating the creation of collective management organizations in Member States where such organizations do not exist.
[6] On September 13th, 1962, the capital of Gabon, Libreville hosted the signing of the Libreville treaty establishing the African and Malagasy Office of Industrial Property. This agreement involved twelve member States which were: Cameroon, Central African Republic, Congo, Ivory Coast, Le Dahomey (now known as Benin), La Haute Volta (its new name is Burkina Faso), Gabon, Islamic Republic of Mauritania, Niger, Senegal, Chad and Madagascar. Madagascar withdrew itself. Later on, on March 2nd,1977, the Libreville treaty was revised at Bangui, thus adopting a new convention termed the “Bangui Agreement” establishing the African Intellectual Property Organization.
[7] Articles 25-34, Part III of the Bangui Agreement (Act of December 14th, 2015).
[8] Articles 21-24, Section I, Part II of the Bangui Agreement (Act of December 14th, 2015).
[9] Articles 2-20, Sections I, II, III of Part I Bangui Agreement (Act of December 2015).
[10] Articles 37-42, Part V of the Bangui Agreement (Act of December 14th, 2015).
[11] Cf Articles 32 & 33, Section III, Part II of the Bangui Agreement (Act of December 14th, 2015).
[12] BENIN, BURKINA FASO, CAMEROON, CENTRAL AFRICAN REPUBLIC, CHAD, CONGO, IVORY COAST, EQUATORIAL GUINEA, GABON, GUINEA, GUINEA BISSAU, MALI, ISLAMIC REPUBLIC OF MAURITANIA, NIGER, SENEGAL, TOGO and UNION OF THE COMOROS.
