RESTRICTED  
  
WT/ACC/COM/8  
7 October  2016 
(16-5421) Page: 1/28 
Working Party on the Accession  
of the Union of the Comoros  Original:  French  
 
  ACCESSION OF THE UNION OF THE COMOROS  
IMPLEMENTATION OF THE WTO AGREEMENT ON TRADE -RELATED  
ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS)  
 The following communication, dated  29 September  2016, is being circulated at the request 
of the delegation of the Un ion of the Comoros.  
 
_______________  
 
 WT/ACC/COM/8  
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  The Union of the Comoros is a member of the World Intellectual Property Organization (WIPO) and 
also a member of the African Intellectual Property Organization (OAPI) . Pending new national 
intellectual property regul ations , the Union of the Comoros currently applies the OAPI legislation.  
TRIPS Agreement  Union of the Comoros  
General principles   
For the purposes of the TRIPS Agreement, the term 
"intellectual property" refers to all categories of 
intellectual property (IP) that are the subject of 
Sections 1 through 7 of Part II of the Agreement . 
TRIPS Article 1.2.  
 This definition is covered by  the Bangui Agreement 
(Annexes ) 
Members shall accord to the nationals of other 
Members treatment no less favourable than that i t 
accords to its own nationals with regard to the 
protection of IP, subject to the exceptions provided in 
the Paris, Berne and Rome  Conventions, and the 
IPIC Treaty . F or performers, producers of 
phonograms and broadcasting organizations, this only 
applies to rights provided under TRIPS . Certain 
exceptions under Berne and Rome are subject to 
notification . Exceptions should not be inconsistent 
with the provisions of TRIPS and not be applied in a 
manner constituting a disguised restriction on trade . 
"Protectio n" includes matters affecting the availability, 
acquisition, scope, maintenance and enforcement of 
IP rights as well as those matters affecting the use of 
IP rights specifically addressed in TRIPS . 
TRIPS Article  3. Covered by Article 3 of the Bangui Agreem ent 
 
(1) Rights relating to the fields of intellectual 
property, as provided for in the Annexes to this 
Agreement,  are independent national rights subject to 
the legislation of each of the member States in which 
they have effect.  
 
(2) In the member States,  this Agreement and its 
Annexes serve as law s in respect of  the relevant 
matter s. They nullify  or prevent the entry into force of 
any contrary  provision s. Annex VII on literary and 
artistic property provides a basic regulatory 
framework.  
 
(3) Foreigners shall enjoy the benefits  of this 
Agreement and its Annexes on the same terms as 
nationals . 
 
(4) The provisions of paragraph 3 above apply to 
foreigners who are not nationals of a State party to an 
international convention to which the Organization or 
any of its member States is party, or foreigners 
whose principal place of business or domicile i s not 
located in  such a State , subject to  reciprocity.  
 
Most-favoured -nation (MFN) principle : with regard to 
the protection of IP, any advantage, favour, privilege 
or immunity granted by a Member to the nationals of 
any other country shall be accorded immediately and 
unconditionally to the nationals of all other Members, 
subject to four express exemptions . The scope of 
'protection' is that as defined for Article 3 . 
TRIPS Article 4.  The MFN principle applies to all WTO Members, 
including OAPI members , pursuant to TRIPS Article 4:  
 
With regard to the protection of intellectual property, 
any advantage, favour, privilege or immunity granted 
by a Member to the nationals of a ny other country 
shall be accorded immediately and unconditionally to 
the nationals of all other Members . Exempted from 
this obligation are any advantage, favour, privilege or 
immunity accorded by a Member:  
 
(a) deriving from international agreements on ju dicial 
assistance or law enforcement of a general nature 
and not particularly confined to the protection of 
intellectual property;  
(b) granted in accordance with the provisions of the 
Berne Convention (1971) or the Rome Convention 
authorizing that the trea tment accorded be a 
function not of national treatment but of the 
treatment accorded in another country;  
 WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
 (c) in respect of the rights of performers, producers 
of phonograms and broadcasting organizations 
not provided under this Agreement;  
(d) deriving f rom international agreements related to 
the protection of intellectual property which 
entered into force prior to the entry into force of 
the WTO Agreement, provided that such 
agreements are notified to the Council for TRIPS 
and do not constitute an arbitr ary or unjustifiable 
discrimination against nationals of other 
Members.  
 
National treatment and MFN principles do not apply to 
procedures provided in WIPO  agreements relating to 
the acquisition or maintenance of IP rights . 
TRIPS Article 5.  The national tr eatment provision is covered by the 
OAPI Regulations, by reference to Article 5 of the 
WTO Agreement on Trade -Related Aspects of 
Intellectual Property Rights:  
 
The obligations under Articles 3 and 4 do not apply to 
procedures provided in multilateral agree ments 
concluded under the auspices of WIPO relating to the 
acquisition or maintenance of intellectual property 
rights.  
 
Aspects of exhaustion of IP rights may be subject to 
the provisions of Article 3 (national treatment) and 
Article 4 (MFN) . TRIPS Articl e 6.  The national treatment provision is covered by the 
OAPI Regulations, by reference to Article 6 of the 
WTO Agreement on Trade -Related Aspects of 
Intellectual Property Rights:  
 
For the purposes of dispute settlement under this 
Agreement, subject to the  provisions of Articles 3 and 
4 nothing in this Agreement shall be used to address 
the issue of the exhaustion of intellectual property 
rights.  
 
Paris Convention standards on 
industrial  property   
Compliance with Articles 1 through 12 and Article 19 
of the Paris Convention for the Protection of 
Industrial  Property ("Paris  Convention") in respect of 
Parts II, III, and IV of the TRIPS Agreement . 
TRIPS Article 2.  
The following items specify these Paris Convention 
standards in detail in the context of TRIPS (n o 
reference is made to obligations separately 
undertaken by countries as Parties to the 
Paris Convention and members of the Paris  Union).  Point two (2), Article 19 of the Paris Convention for 
the Protection of Industrial Property, which provides 
that "  ... the countries of the Union reserve the right 
to make separately between themselves special 
agreements for the protection of industrial property, 
in so far as these agreements do not contravene the 
provisions of this Convention," and Article 4A(2), 
which p rovides that "Any filing that is equivalent to a 
regular national filing under the domestic legislation 
of any country of the Union or under bilateral or 
multilateral treaties concluded between countries of 
the Union shall be recognized as giving rise to t he 
right of priority" ; 
 
instead  of one (1), Article 19 for the protection of 
industrial property and Article 4A(2).  
 
Industrial property has as its object patents, utility 
models, industrial designs, trademarks, service 
marks, trade names, indications of source or 
appellations of origin, and the repression of unfair 
competition . Paris Convention , Article 1(2).  Covered by point 2 of the OAPI preamble , and also 
includes plant varieties  
Article 19 of the Paris Convention for the Protection of 
Industrial Prop erty, which provides that " ... the 
countries of the Union reserve the right to make 
separately between themselves special agreements 
for the protection of industrial property, in so far as 
these agreements do not contravene the provisions of 
this Conventi on," and Article 4A(2), which provides 
that "Any filing that is equivalent to a regular national 
filing under the domestic legislation of any country of 
the Union or under bilateral or multilateral treaties 
concluded between countries of the Union shall be  
recognized as giving rise to the right of priority" ; 
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  TRIPS Agreement  Union of the Comoros  
Nationals of Members are to enjoy in all other 
Members the advantages that their respective laws 
grant to nationals, and shall have the same protection 
and the same legal remedy against any infringeme nt 
of their rights if they conform to the conditions and 
formalities imposed upon those Members' nationals . 
Paris Convention, Article 2 (note also TRIPS  Article  3). Covered by point 2  of the  preamble of the Bangui 
Agreement  
 
Article 19 of the Paris Convent ion for the Protection of 
Industrial Property, which provides that " ... the 
countries of the Union reserve the right to make 
separately between themselves special agreements 
for the protection of industrial property, in so far as 
these agreements do not c ontravene the provisions of 
this Convention," and Article 4A(2), which provides 
that "Any filing that is equivalent to a regular national 
filing under the domestic legislation of any country of 
the Union or under bilateral or multilateral treaties 
conclude d between countries of the Union shall be 
recognized as giving rise to the right of priority" ; 
 
and point 9 , Article 69 of the Agreement on 
Trade -Related Aspects of Intellectual Property Rights 
of 1994, which stipulates that "Members agree to 
cooperate wit h each other with a view to eliminating 
international trade in goods infringing intellectual 
property rights … " , 
of the preamble of the OAPI legislation  
 
Nationals of non -Member countries who are domiciled 
or who have "real and effective" industrial or 
commercial establishments in a Member shall be 
treated as nationals of a Member . Paris Convention, 
Article 3.  Covered by point one (I) of the preamble of the OAPI 
legislation  
Article 4(iv) of the aforementioned Convention 
Establishing the World Intellectual  Property 
Organization, which provides that the Organization 
"... shall encourage the conclusion of international 
agreements designed to promote the protection of 
intellectual property";  
 
An application for a patent, for registration of a utility 
model, a n industrial design, or a trademark that is 
equivalent to a regular national filing under the 
domestic legislation of a Member shall give rise to a 
right of priority for the purposes of filing in the other 
Members . The periods of priority are to be 12 mont hs 
for patents and utility models, and 6 months for 
industrial designs and trademarks ; further details are 
stipulated . Paris Convention, Article  4. 
These provisions apply also to service marks . 
TRIPS Article 62.  (1) 12 months for patents (Annex I) , Article  18: 
Any person wishing to avail himself of the priority of 
an earlier application shall be required to file his 
patent application with the Organization within 12 
months from the date of the earlier application . 
 
and 6 months for utility models (Annex II) , Article 13 : 
Any person wishing to avail himself of the priority of 
an earlier application shall be required to attach to his 
application for registration or to send to the 
Organization at the latest six months following the 
filing date of his application . 
(2) and 6 months for industrial designs (Annex IV) , 
Article 9 . Any person wishing to avail himself of the 
priority of an earlier application shall be required to 
file his application for registration with the 
Organization within six months  from the date of the 
earlier application.  
from the previous date of application for the OAPI  
 
Patents obtained for the same invention in various 
Members are independent of each other . 
Paris Convention, Article 4 bis. Covered by point 2  of the preamble of the OAPI 
legislation 
Article 19 of the Paris Convention for the Protection of 
Industrial Property, which provides that " ... the 
countries of the Union reserve the right to make 
separately between themselves special agreements 
for the protection of industrial property, i n so far as 
these agreements do not contravene the provisions of 
this Convention,"  and Article 4A(2), which provides 
that "Any filing that is equivalent to a regular national 
filing under the domestic legislation of any country of 
the Union or under bilate ral or multilateral treaties 
concluded between countries of the Union shall be 
recognized as giving rise to the right of priority";  
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  TRIPS Agreement  Union of the Comoros  
Inventors have the right to be named as such in the 
patent . Paris Convention, Article 4 ter. (1) Covered by Article 9 , Anne x I, Bangui Agreement  
"The right to the patent shall belong to the inventor or 
his assignee ; the applicant shall be deemed to be the 
owner of the right ." 
 
Restrictions or limitations on the sale of a patented 
product or a product produced by a patented pr ocess 
cannot be the grounds for refusing or invalidating that 
patent . Paris Convention, Article 4 quater.  Covered by Article 27, Annex I , Bangui Agreement  
 
(1) The same shall apply to any application that is not 
accompanied by a copy of the documents provid ed for 
in subparagraph (2) (d) of Article 13.  
 
(2) An application that does not fulfill the provisions 
of Article 17 may, within a period of six months from 
the date of notification that the application cannot be 
accepted as filed because it does not have o ne 
principal subject, be divided into a number of 
applications benefiting from the date of the initial 
application . 
 
(3) Any application for which the other requirements 
of Article 13, except for proof of payment of the 
prescribed fees, and those of Articl e 17 have not been 
fulfilled is defective . The defect shall be notified to the 
applicant or his agent, pursuant to the terms laid 
down in the Implementing Regulations.  
 
(4) Any application concerning an invention that is not 
patentable under Article 2 or d oes not conform to the 
provisions of Article 23 shall be rejected . 
 
(5) In the event of the corrected documents not being 
provided within the prescribed period, the patent 
application shall be rejected.  
 
(6) No application may be rejected under paragraphs 
(1), (2), (3) or (4) of this Article without the applicant 
or his agent having first been given the opportunity to 
correct the said application to the extent and 
according to the procedure prescribed.  
 
(7) Notwithstanding the aforementioned provisions, 
the Organization may, ex officio, correct obvious 
clerical errors in the applications.  
 
(8) Within sixty days from the date of notification of 
the rejection, the applicant may appeal to the High 
Commission of Appeal . 
Importation of a patented product manufac tured in a 
Member cannot be the basis of forfeiture of the 
patent. Paris Convention, Article 5.A(1).  Covered by Article 44, Annex I, Bangui Agreement:  
 
(1) Any patentee who has not paid his annual fees on 
the anniversary date of the filing of his patent 
application shall forfeit all his rights.  
 
(2) The patentee concerned shall however be allowed 
a six-month period of grace within which he may still 
validly pay the annual fees. In that case, he shall also 
pay an additional fee . WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
 (3) Payments made to comple ment annual or 
additional fees during the six -month period mentioned 
above shall be considered valid.  
 
(4) Payments made as annual or additional fees 
payable for a patent application resulting either from 
the conversion of an application for a certificate of 
addition under  Article 31 or from the division of a 
patent application under Article 2 7(3) above shall also 
be considered valid provided that the payments are 
made within a period of six months from the date of 
the application for conversion or the fili ng date of the 
applications resulting from the division.  
 
Compulsory licensing is authorized as a means to 
prevent abuses, such as the failure to work, but a 
patent may not be forfeited unless the grant of a 
compulsory license would not be sufficient to p revent 
the abuse . Proceedings for forfeiture or revocation 
cannot be instituted until two years after the grant of 
the first compulsory license . Paris Convention, 
Article  5.A(2) and (3).  Covered by point one of the preamble of the OAPI 
legislation  
 
Pursuan t to Article 49 of Annex I to the Bangui 
Agreement, a compulsory licen se may be granted  for 
the following reasons:  
 
(1) At the request of any person made after the 
expiry of a period of four years from the  filing date of 
the patent application or three yea rs from the date of 
grant of the patent,  whichever period expires last, a 
non-voluntary licen se may be granted where one or 
more of  the following conditions are fulfilled:  
 
(a) the patented invention is not being worked on the 
territory of a member State a t the time the request is 
made;  
 
(b) the working of the patented invention on such 
territory does not meet the demand  for the protected 
product on reasonable terms;  
 
(c) on account of the refusal of the owner of the 
patent to grant licenses on reasonable  commercial 
terms and procedures, the establishment or 
development of industrial or  commercial activities on 
such territory is unfairly and substantially prejudiced.  
 
(d) Notwithstanding the provisions of paragraph (1) 
above, a non -voluntary license may not be granted if 
the owner of the patent provides legitimate reasons 
for the non -working  of the invention.  
 
An application for a compulsory license for failure to 
work cannot be made until four years have passed 
since the patent application was filed, or thr ee years 
from date of grant and no compulsory license is to be 
granted if the patentee justifies the failure to work by 
legitimate reasons. Licenses are to be non -exclusive, 
and may not be transferred except with the enterprise 
or goodwill that exploits th e license. Paris Convention, 
Article  5.A(4).  
 Covered by point one of the preamble of the 
OAPI legislation  
 
Covered by Article 49, Annex I, Bangui Agreement:  
 
(1) At the request of any person made after the 
expiry of a period of four years from the filing date of 
the patent application or three years from the date of 
grant of the patent, whichever period expires last, a 
non-voluntary license may be granted where one or 
more of the following conditions are fulfilled:  
 
(a) the patented invention is not being worked on the 
territory of a member State at the time the request is 
made;  
 
(b) the working of the patented invention on such 
territory does not meet the demand for the protected 
product on reasonable terms;  WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
 (c) on account of the refusal of the owner of the 
patent to grant licenses on reasonable commercial 
terms and procedures, the establishment or 
development of industrial or commercial activities on 
such territory is unfairly and substantially prejudiced.  
 
(d) Notwithstanding the provisions of paragraph  (1) 
above, a non -voluntary license may not be granted if 
the owner of the patent provides legitimate reasons 
for the non -working of the invention.  
 
Industrial designs cannot be forfeited for failure to 
work or for importing articles corresponding to thos e 
that are protected . Paris Convention Article 5.B.  Pursuant to Article 30 of Annex IV to the Bangui 
Agreement, protection may be  infringed  for the 
following reasons:  
 
(1) The registration of a design shall be  declared 
invalid by a court decision : 
 
(a) if it does not conform to the provisions of 
Articles  1 and 2 above;  
 
(b) if its owner  was unable to enjoy the protection 
provided for in Article 4;  
 
(c) if the industrial design infringes the rights 
subsisting in  an earlier  design which was made 
available to the public after the date of filing of the 
application for registration, or, where priority is 
claimed, after the date of priority, and which was 
protected from a n earlier date by the registration of a 
design;  
 
(d) if it infringes third -party copyright;  
 
(e) if the design uses an earlier distinctive sign  that is 
protected , without the consent of the owner . 
 
The grounds for nullity specified in subparagraphs (b), 
(c) (d) and (e) may be invoked, either by the Office of 
the Public Prosecutor or by any interest ed person or 
union.  
 
(1) If the grounds for nullity affect the registration 
only in part, the registration may be maintained in a 
modified form, provided that, in the said form, the 
industrial design fulfils the criteria for the granting of 
protection and its identity is preserved.  
 
(2) When the court decision declaring the registration 
totally or partly invalid becomes final, it shall be 
notified by the earliest petitioner to the Organization, 
which shall enter it in the Special Register of 
Industrial Desi gns and publish a notice thereof.  
 
A mark cannot be cancelled for unjustified non -use 
before a reasonable period of time has passed and 
permits the proprietor to use differing elements that 
do not diminish the distinctive character of a mark 
without inval idating the registration or diminishing the 
protection granted the mark. Concurrent use of the 
mark by co -proprietors is permitted so long as that 
use does not mislead the public and is not contrary to 
public interest. Paris  Convention, Article 5.C (note 
also TRIPS  Article  19 specifies a period of at least 
three years of permitted non -use). Pursuant to Article 27, Annex III, Bangui Agreement, 
a mark may be forfeited on the following grounds:  
 
(1) At the request of any interested party, the 
competent nationa l court may make a finding of 
invalidity and order the cancellation of any registered 
mark which:  
 
(a) for an uninterrupted period of five years prior to 
the request, has not been used on the national 
territory of one of the member States, except where 
the registered owner has legitimate reasons for 
having failed to use it ; WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
 (b) due to  the owner  has become the common  
designation of the products or services;  
 
Cancellation may be extended to all or part of the 
goods or services for which the said mark was 
registered.  
 
(2) The burden of proof regarding use of the mark 
shall rest with the owner.  
 
Use of a mark by another person shall be recognized 
as use of the mark, subject to endorsement by the 
owner . The same shall apply to use of the mark in a 
modified form  that does not change its distinctive 
character.  
 
(3) When the decision ordering cancellation becomes 
final, it shall be notified to the Organization, which 
shall record it in the Special Register of Marks and 
cancel the registration  in question . 
 
(4) Canc ellation shall be published in the form laid 
down in the Implementing Regulations . Registration 
of the mark shall then be deemed never to  have had 
any effect.  
 
The protection of patents, utility models, registered 
trademarks, or industrial designs cannot be 
conditioned upon indication or mention of such 
protection upon the goods . Paris Convention, 
Article  5.D. 
 This provision is not covered by the Bangui 
Agreement  
A grace period of at least six months is required for 
the payment of maintenance fees for in dustrial 
property, but a surcharge is permissible . Countries 
are authorized to restore patents that lapsed for 
non-payment of fees . Paris Convention, Article 5 bis. 
 Six months for OAPI 
Use of patented devices aboard a vessel, aircraft, or 
land vehicle tem porarily or accidentally in the territory 
or the Member shall not be an infringement of patent 
rights, where they are used for the construction, 
operation or other needs of the vessel. 
Paris Convention, Article 5 ter. Covered by Article 7, Annex I, Bangui A greement:  
 
"(1) The rights deriving from the patent shall not 
extend:  
 
(a) to the offer, importation, stocking or use, in the 
territory of a member State, of the patented product 
after the product has been lawfully placed on the 
market of any country by th e patent holder or with his 
explicit consent;  
 
(b) to the use of objects on board foreign aircraft, 
land vehicles or ships that temporarily or accidentally 
enter the airspace, territory or waters of a member 
State;  
 
(c) to acts in relation to a patented in vention that are 
carried out for experimental purposes in the course of 
scientific and technical research or for educational 
purposes ; 
 
(d) to studies or trials required in order to obtain a 
drug marketing authorization, or to the acts required 
to carry th em out and obtain the authorization ;  
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  TRIPS Agreement  Union of the Comoros  
 (e) to acts performed by any person who , in good 
faith, on the filing date or , where priority is claimed, 
on the priority date of the application on the basis of 
which the patent is granted on the territory of a 
member State, was in possession of  the invention . 
 
(2) The right of the holder  referred to in paragraph 
(1)(e) above may not be transferred otherwise than 
with the goodwill of the business , the business  or the 
portion thereof to which it is connected. " 
 
Process patent owners have all the rights against an 
imported product produced by the patented process 
that they would have with respect to products 
manufactured at home . Paris Convention, 
Article  5quater . Covered by Article 6, Annex I , Bangui Agreement  
 
"(1) Subject to the conditions and within the limits set 
by this Annex, the patent shall  confer on its owner the 
exclusive right to work the patented invention.  
 
(2) Subject to the conditions and within the limits set 
by this Annex, the owner of the  patent shal l have the 
right to prohibit any person from working the 
patented invention.  
 
(3) For the purposes of this Annex, the "working " of a 
patented invention means one or  other of the 
following acts:  
 
(4) where the patent has been granted for a product:  
 
(i) man ufacturing, importing, offering for sale, selling 
and using the product ; 
(ii) holding the product for the purposes of offering it 
for sale, selling it or using it;  
(iii) where the patent has been granted for a process:  
(iv) using the process ; 
(v) engaging in the acts mentioned in subparagraph 
(a) above in relation to a product  resulting directly 
from the use of the process.  
 
(2) The owner of the patent also has the right to : 
 
(a)assign or transfer his patent by succession;  
 
(b) enter into other contracts.  
 
(3) The scope of the protection conferred by a patent 
shall be determined by the terms of the claims . 
However, the description and drawings may be used 
to interpret the claims.  
 
(4) If the subject -matter of the patent is a process, 
the protection conferred  by the patent shall extend to 
the products obtained by that process . 
 
Protection of industrial designs is required . 
Paris Convention, Article 5 quinquies . 
 Protection of industrial designs is not required under 
the Bangui Agreement.  
The conditions for f iling, registration and renewal of 
trademarks is subject to domestic legislation but 
filing, registration and renewal are independent of 
those in other countries, including the country of 
origin . Paris Convention, Article 6.  
 This provision is not covered by the Bangui 
Agreement  WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
Members are required, ex officio  if legally possible, or 
at the request of an interested party, to refuse to 
register or to cancel the registration of a trademark 
confusingly similar to a well -known mark . Requesting 
cancellation of  such a mark must be possible until 5 
years after registration . No time limit is placed on a 
mark registered or used in bad faith . 
Paris Convention, Article 6 bis. Covered by Article 6, Annex III , Bangui Agreement  
"The owner of a well -known mark within the meaning 
of Article 6bis of the Paris Convention for the 
Protection of Industrial Property and Article 16, 
paragraphs (2) and (3), of the Agreement on Trade 
Related Aspects of Intellectual Property Rights may 
apply to the competent national courts for the 
invalidation, on the national territory of one of the 
member States, of the effects of the filing of a mark 
liable to be confused with his own . Such action may 
not be taken after a period of five years has expired 
following the date of the application in so  far as the 
latter was filed in good faith."  
 
Members are required to refuse to register or to 
invalidate the registration that includes, without 
authorization, armorial bearings, flags, state 
emblems, official signs and hallmarks, etc. A n 
exception is pr ovided for owners of rights acquired in 
good faith before this obligation entered into force for 
that country . Paris Convention, Article 6 ter. Covered by Article 3, Annex III  to the Bangui 
Agreement  
 
A mark may not be validly registered if : 
 
(a) it is devo id of distinctiveness, notably owing to the 
fact that it consists of signs or  matter constituting the 
necessary or gene ric designation of the product or the 
composition  thereof;  
 
(b) it is identical to a mark that belongs to another 
owner and is already re gistered, or  the filing or 
priority date of which is earlier, and which relates to 
the same or similar goods or  services, or where it so 
resembles such a mark that it is liable to mislead or 
confuse;  
 
(c) it is contrary to public policy, morality or the la w; 
 
(d) it is liable to mislead the public or business circles, 
notably as to the geographical  origin, nature or 
characteristics of the goods or services in question;  
 
(e) it reproduces, imitates or incorporates armorial 
bearings, flags or other emblems, t he abbreviated 
name or acronym or an official sign or hallmark 
indicating control and warranty of a State or 
intergovernmental organization established by an 
international convention, except where the competent 
authority of that State or of that organizati on has 
given its permission.  
 
The assignment of a mark is valid if the portion of the 
business or goodwill of the business together with the 
exclusive right to manufacture and sell the goods 
bearing the mark are also transferred . 
Paris Convention, Article  6quater  (note also 
TRIPS  Article  21 which requires permitting transfer 
with or without the corresponding business).  Cancellation of a p ledge in respect of an application 
Acts involving transfer of ownership, the licensing of 
the right of exploitation or t he assignment of that 
right, or a pledge or cancellation of a pledge, in 
respect of an application for registration of a utility 
model or a registered utility model shall, on pain of 
invalidity, be  evidenced in writing . 
 
Trademarks duly registered in a Me mber must be 
accepted for filing in other Members, with certain 
reservations . Paris Convention, Article  6quinquies.  In each of the member States, registered and 
published marks shall produce their effects in 
accordance with the provisions of this Agreement  and 
its Annex III subject to the provisions of 
paragraph  (3) below.  
(3) The international registration of a mark effected 
under the provisions of the Trademark Registration 
Treaty and having effect in at least one member State 
shall produce the same effec ts in each of the States 
party to this Agreement and to the Trademark 
Registration Treaty as if the trademark had been 
registered with the Organization.  
Art. 9 of the treaty  
 WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
Protection of service marks is required . 
Paris Convention, Article 6 sexties (note also 
TRIPS  Article  15). Covered by points one and ten of the preamble of the 
OAPI legislation  – delete  
 
Covered by point 2 of the preamble of the OAPI 
legislation  
 
Trademark owners shall be able to oppose or request 
cancellation of a registration of the ir trademarks 
applied for by their agent or representative without 
their authorization, unless the agent or representative 
justifies his action . Paris Convention, Article 6 septies.  Covered by points two and nine of the preamble of 
the OAPI legislation  
 
"(1) Any interested party may oppose the registration 
of a trademark  by sending to the Organization, within 
a period of three months from the publication of the 
application mentioned in Article 14 above, a written 
statement setting out the reasons for his opp osition, 
which reasons must be  based on an infringement 
either of the provisions of Articles 2 and 3 of th e 
present  Annex , or of a prior right  belonging to the 
opposing party . An earlier application or an 
application benefiting from an earlier priority dat e 
may also constitute grounds for opposition . 
 
(2) The Organization shall send a copy of the 
statement of opposition to the applicant  or to his 
agent , who may reply, setting out his reasons, within 
a period of three months, renewable once only , on 
request . The reply shall be forwarded to the opponent 
or to his representative.  
 
(3) Before taking a decision on the opposition, the 
Organization shall, on request, hear  the parties or 
their agents.  
 
(4) An appeal from the Organization 's decision on the 
opposition  shall lie to  the High Commission of Appeal 
within a period of sixty days from th is decision being 
notified to  the interested parties.  
 
(5) The Organization shall only cancel the application 
for registration in  so far as the aforementioned  
opposition is va lid. 
 
(6) The final decision on cancellation of the 
application shall be published in the official Bulletin of 
the Organization. " 
 
The nature of the goods to which a trademark is 
applied may in no case be an obstacle to the 
registration of the trademark. Paris Convention, 
Article 7 (Note also TRIPS  Article  15.4 applies this 
standard to services)  
 Pursuant to Article 3, Annex III, Bangui Agreement  
 
"A mark may not be validly registered if:  
 
(a) it is devoid of distinctiveness, notably owing to the 
fact that  it consists of signs or matter constituting the 
necessary or generic designation of the product or the 
composition thereof;  
 
(b) it is identical to a mark that belongs to another 
owner and is already registered, or the filing or 
priority date of which is earlier, and which relates to 
the same or similar goods or services, or where it so 
resembles such a mark that it is liable to mislead or 
confuse;  
 
(c) it is contrary to public policy, morality or the law ; WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
 (d) it is liable to mislead the public or busine ss circles, 
notably as to the geographical origin, nature or 
characteristics of the goods or services in question;  
 
(e) it reproduces, imitates or incorporates armorial 
bearings, flags or other emblems, the abbreviated 
name or acronym or an official sign o r hallmark 
indicating control and warranty of a State or 
intergovernmental organization established by an 
international convention, except where the competent 
authority of that State or of that organization has 
given its permission. " 
 
Registration must be  permitted of collective marks 
belonging to associations, the existence of which is 
not contrary to the law of the country of origin, even 
where the association is not established in the country 
where protection is being sought . Paris Convention, 
Article 7 bis. Covered by Article , Annex III , Bangui Agreement  
 
"(1) The rules of use set the terms  of use of a 
collective mark or collective certification mark.  
 
(2) Collective marks and collective certification marks 
whose rules of use are contrary to public polic y or 
morality shall not benefit from the protection afforded 
by this Annex.  
 
Any amendments to the said rules that are contrary 
to public policy or morality shall likewise be rejected 
by the Organization"  
 
Trade names must be protected without the necessi ty 
of registration, whether or not the names are part of 
a trademark. Paris  Convention, Article 8.  
 According to Article 10, Annex III to the Bangui 
Agreement, protection of a trademark is subject to an 
application for registration.  
 
"(1) For every applica tion for registration of a trade 
name, the Organization shall register and publish the 
trade name, after having ascertained that it is not 
contrary to the provisions of Article 2, that it has been 
correctly filed and that the prescribed fees have been 
paid. 
 
(2) The registration shall have effect as from the date 
of filing.  
 
(3) Any filing that does not conform to the provisions 
of Article 2 shall be rejected . 
 
(4) Any application in respect of which the conditions 
of form referred to in Article 6, with the  exception of 
letter (b), have not been observed is irregular. The 
irregularity shall be notified to the applicant or to his 
agent, who shall be invited to put the documents in 
order within a period of three months following the 
date of notification. That period may be extended by 
thirty days in a case of proven necessity at the 
request of the applicant or his agent. An application 
thus put in order within the said period shall retain 
the date of the original application . 
 
(5) Where rectified documents are not produced 
within the period allowed, the application for 
registration of the trade name shall be rejected . 
 
(6) Rejection shall be pronounced by the 
Director  General and notified to the applicant . 
 WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
 (7) No application may be rejected under paragraphs 
(3), (5) and ( 6) of this  Article without the opportunity 
having been given to the applicant or his agent to 
rectify it to  the extent and according to the 
procedures and forms prescribed.  
 
(8) Notwithstanding the aforementioned provisions, 
the Organization m ay correct obvious clerical errors in 
the applications.  
 
(9) Within sixty days from the date of notification of 
the rejection, the applicant may appeal to the High 
Commission of Appeal . There shall be no right of 
appeal from the decision of the High Commis sion of 
Appeal."  
 
Seizure on importation or exclusion is required for 
goods bearing a trademark or trade name without 
authorization, unless a Member's laws provide for 
neither remedy, in which case domestic actions and 
remedies must be available . Paris Co nvention, 
Article  9. Covered by Article 3, An nex III to the Bangui 
Agreement  
 
"A mark may not be validly registered if:  
 
(a) it is devoid of distinctiveness, notably owing to the 
fact that it consists of signs or matter constituting the 
necessary or generi c designation of the product or the 
composition thereof;  
 
(b) it is identical to a mark that belongs to another 
owner and is already registered, or the filing or 
priority date of which is earlier, and which relates to 
the same or similar goods or services,  or where it so 
resembles such a mark that it is liable to mislead or 
confuse;  
 
(c) it is contrary to public policy, morality or the law;  
 
(d) it is liable to mislead the public or business circles, 
notably as to the geographical origin, nature or 
characte ristics of the goods or services in question;  
 
(e) it reproduces, imitates or incorporates armorial 
bearings, flags or other emblems, the abbreviated 
name or acronym or an official sign or hallmark 
indicating control and warranty of a State or 
intergovernm ental organization established by an 
international convention, except where the competent 
authority of that State or of that Organization has 
given its permission."  
 
The obligation of Article 9 also applies to the direct or 
indirect use of false indicatio ns of source of goods, or 
false indication of the producer, manufacturer, or 
merchant of such goods. Paris Convention, Article 10  Covered by Article 2, Annex VIII to the Bangui 
Agreement  
 
"(1) Any act or practice which, in the course of 
industrial or comme rcial activities, generates or is 
likely to generate confusion with the enterprise or 
activities of another person, in particular with the 
products or services proposed by such enterprise, 
shall constitute an act of unfair competition.  
 
(2) Confusion may c oncern, in particular:  
 
(a) a trademark, whether registered or not;  
 
(b) a trade name;  
 
(c) the distinctive sign of an enterprise other than a 
trademark or a trade name ; 
 WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
 (d) the external appearance of a product;  
 
(e) the get -up of products or services;  
 
(f) a famous person or well -known fictional 
character. " 
 
Appropriate legal remedies are required to be assured 
to nationals of other Members effectively to repress 
actions referred to in Articles 9, 10 and 10 bis, and 
federations and associations represen ting foreign 
businesses are to be allowed to take action in court 
and before administrative authorities to repress such 
acts, in so far as domestic entities can take such 
action . Paris Convention, Article 10 ter. Covered by Article 3 , Bangui Agreement  
 
"(1) Rights relating to the fields of intellectual 
property, as provided for in the Annexes  to this 
Agreement, shall be independent national rights 
subject to the legislation of each of the  member 
States in which they have effect.  
 
(2) In the member States, th is Agreement and its 
Annexes serve as laws in respect of the relevant 
matters . They nullify or prevent the entry into force of 
any contrary provisions . Annex VII on literary and 
artistic property provides a basic regulatory 
framework . 
 
(3) Foreigners shall enjoy the benefits of this 
Agreement and its Annexes on the same terms as 
nationals.  
 
(4) The provisions of paragraph 3 above apply to 
foreigners who are not nationals of a State party to an 
international convention to which the Organization or 
any of its  member States is party, or foreigners 
whose principal place of business or domicile is not 
located in such a State , subject to reciprocity ." 
 
Temporary protection consistent with domestic 
legislation, must be afforded to patentable inventions, 
utility mo dels, industrial designs and trademarks in 
respect of goods exhibited at official or officially 
recognized international exhibitions held in their 
territory . Paris Convention, Article 11.  Covered by Article 5, Annex I to the Bangui 
Agreement  
 
"(1) An inven tion is new if it has not been anticipated 
by prior art . 
 
(2) Prior art consists of everything made available to 
the public, in any place and by any means or method, 
before the filing date of the patent application or of a 
patent application filed abroad w hose priority has 
been validly claimed . 
 
(3) The novelty of an invention is not denied if, during 
the twelve  months preceding the date specified in 
paragraph (2) above, the invention has been the 
subject of a disclosure resulting from:  
 
(a) an obvious viol ation committed against the 
applicant or the author  of the invention ; 
 
(b) or the fact that the applicant or the author  of the 
invention has displayed it at an official or officially 
recognized international exhibition ; 
 
(4) Any patent application that has  a filing date that 
precedes a subsequent application but was published 
on that date or on a later date shall be deemed to 
belong to the prior art."  
 WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
An industrial property service must be established as 
well as a central office for the communication to t he 
public of patents, utility models, industrial designs 
and trademarks, the service including the publication 
of a periodic journal of the names of patent owners 
with a brief designation of their inventions, and the 
reproduction of trademarks . Paris Conve ntion, 
Article  12. Covered by Article 7, Annex I to the Bangui 
Agreement  
 
(1) The Organization shall publish , according to the 
terms specified in the Implementing Regulations:  
 
(a) any  application for a title;  
 
(b) any title granted;  
 
(c) any subsequent procedural document ; 
 
(d) any act amending or assigning the rights under 
titles.  
 
(2) Titles granted by the Organization are published in 
the Official Industrial Property Bulletin  (BOPI) . 
 
(3) Any publication of the Organization shall be 
addressed to the adm inistration of each of the 
member States responsible for industrial property, 
literary and artistic property or new plant varieties, as 
the case may be.  
 
Paris Convention, Article 19 , authorizes Paris  Union 
countries to enter into separate and special ind ustrial 
property agreements among themselves, so long as 
those agreements do not contravene the provisions of 
the Paris  Convention.  Covered by point 2 of the preamble of the OAPI 
legislation  
"Having considered  Article 19 of the Paris Convention 
for the Pro tection of Industrial Property, which 
provides that " ... the countries of the Union reserve 
the right to make separately between themselves 
special agreements for the protection of industrial 
property, in so far as these agreements do not 
contravene the p rovisions of this Convention, "and 
Article 4A(2), which provides that "Any filing that is 
equivalent to a regular national filing under the 
domestic legislation of any country of the Union or 
under bilateral or multilateral treaties concluded 
between count ries of the Union shall be recognized as 
giving rise to the right of priority"  
 
Copyright and Related Rights  Citation to copyright and related laws  
Compliance with Articles 1 through 21 of the 
Berne  Convention for the Protection of Literary and 
Artistic Works ("Berne Convention") with the 
exception of Article 6 bis of the Berne  Convention . 
TRIPS Article  9.1. 
The following items specify these Berne  Convention 
standards in detail in the context of TRIPS (no 
reference is made to obligations separately 
underta ken by countries as Parties to the 
Berne  Convention and members of the Berne Union).  Covered by point 3 of the preamble of the Bangui 
Agreement  
 
"Having considered Article 20 of the Berne Convention 
for the Protection of Literary and Artistic Works, which 
provides that "The Governments of the countries of 
the Union reserve the right to enter into special 
agreements among themselves, in so far as such 
agreements grant to authors more extensive rights 
than those granted by the Convention, or contain 
other pro visions not contrary to this Convention"  
 WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
"Literary and artistic works" are defined as "every 
production in the literary, scientific and artistic 
domain, whatever may be the mode or form of its 
expression", giving examples . Berne Convention, 
Article 2.  
Limitations related to speeches are provided in 
Article  2bis. "Work" means any literary or artistic creation within 
the meaning of Article 4. Article 2, OAPI Annex  VII 
 
"(1) This Annex shall apply to literary and artistic 
works, hereinafter referred to as : "works", 
constituting original creations of the mind in the 
literary, artistic or scientific  fields, such as : 
 
(i) works expressed in writing, including computer 
programs;  
(ii) lectures, addresses, sermons and other works 
composed of words and expressed  orally; 
(iii) musical works, whether or not accompanied by 
words;  
(iv) dramatic and dramatico -musical works;  
(v) choreographic works and mimed works;  
(vi) audiovisual works;  
(vii) works of fine art : drawings, paintings, sculptures, 
engravings and lithographs;  
(viii) works of architecture;  
(ix) photographic works;  
(x) works of applied art;  
 
illustrations, maps, plans, sketches and 
three -dimensional works relating to  geography, 
topography, architecture or science;  
 
(2) traditional cultural expressions ; 
 
(3) Prot ection shall be independent of the mode or 
form of expression, of the quality and of the purpose 
of the work " 
 
Protection is to be provided to the works of authors 
who are nationals of Members and to works of 
nationals of non -Member countries if those wor ks are 
published in a Member simultaneously with 
publication in the non -Member country . 
Berne Convention, Article  3.  
 Covered by point two of the OAPI  preamble  – delete  
 
Covered by point 3 of the OAPI preamble  
Protection must be provided to cinematograph ic 
works if the maker has headquarters or a habitual 
residence in a Member ; and to works of architecture 
or artistic works incorporated into a building or 
structure located in a Member . Berne Convention, 
Article 4.  
 Covered by point two of the OAPI  preambl e – delete  
 
Covered by point 3 of the OAPI preamble  
Authors enjoy the rights required by the 
Berne  Convention and any other rights a country 
provides works on a national treatment basis without 
being subject to any formalities . Berne Convention, 
Article  5.  
 Covered by point two of the OAPI  preamble  – delete  
 
Covered by point 3 of the OAPI preamble  
The term of protection for copyright is required to run 
for 50 years following the death of the author . 
Special  terms are authorized for cinematographic 
works,  anonymous or pseudonymous works, 
photographic works and works of applied art . 
Berne Convention, Article  7. Covered by Article 27, Annex VII , Bangui Agreement  
 
"Except as otherwise provided in this Chapter, the 
economic rights in a work shall be protected during 
the lifetime of the author and for fifty years after his 
death.  
 
Moral rights are perpetual . After the expiry of 
protection of the economic rights, the national 
collective rights administration body shall be entitled 
to ensure compliance with the mo ral rights for the 
benefit of the authors " 
 WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
Authors of protected works have the exclusive right to 
make or authorize the making of translations of their 
works . Berne Convention, Article 8.  Covered by Article 8, Annex VII , Bangui Agreement  
"(1) An author s hall enjoy the exclusive right to 
exploit his work in any form whatsoever and to obtain 
monetary advantage therefrom . Subject to the 
provisions of Articles 10 to 24, the author of a work 
shall enjoy, in particular, the exclusive right to 
perform or authori ze the following acts:  
 
(i) reproduction of his work;  
 
(ii) translation, adaptation, arrangement or any other 
alteration  of his work;  
 
(iii) distribution of copies of his work to the public by 
means of sale or any other transfer of ownership or 
by rental o r lending;  
 
(iv) performance of his work in public.  
 
(2) The rental right referred to in paragraph (1) (iii) 
shall not apply to the rental of computer programs in 
those cases where the program itself is not the 
essential subject matter of the rental"  
 
Authors have the exclusive right to authorize 
reproduction of the work in any manner or form with 
only limited exceptions that do not conflict with the 
normal exploitation of the work and do not 
unreasonably prejudice the legitimate interests of the 
author . Berne Convention, Article 9.  Covered by Article 8, Annex VII , Bangui Agreement  
 
"(1) An author shall enjoy the exclusive right to 
exploit his work in any form whatsoever and to obtain 
monetary advantage therefrom . Subject to the 
provisions of Articles 10 to 24, the author of a work 
shall enjoy, in particular, the exclusive right to 
perform or authorize the following acts:  
 
(i) reproduction of his work;  
 
(ii) translation, adaptation, arrangement or any other 
alteration  of his work;  
 
(iii) distribution of copie s of his work to the public by 
means of sale or any other transfer of ownership or 
by rental or lending;  
 
(iv) performance of his work in public.  
 
(2) The rental right referred to in paragraph (1)(iii)  
shall not apply to the rental of computer programs in 
those cases where the program itself is not the 
essential subject matter of the rental"  
 
Certain "free uses of works" are permissible, subject 
to certain requirements . Berne Convention, 
Articles  10 and 10 bis. Notwithstanding the provisions of Article  9, and 
subject to those of paragraph (2) of this Article and 
those of Article 58, it shall be permitted, without the 
consent  of the author and without payment of 
remuneration, to reproduce a lawfully published work 
exclusively for the private use of the user.  
Article 11, Annex  VII 
 WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
Authors of dramatic, dramatico -musical and musical 
works and any translation thereof and authors of 
literary and artistic works, have the exclusive right to 
authorize the public performance of their works, 
including by broadcast, pu blic recitation and any 
communication to the public, in some respects subject 
to certain limitations . Berne Convention, Articles 11, 
11bis, and 11 ter. Covered by Article 8, Annex VII , Bangui Agreement  
 
"(1) An author shall enjoy the exclusive right to 
exploit his work in any form whatsoever and to obtain 
monetary advantage therefrom . Subject to the 
provisions of Articles 10 to 24, the author of a work 
shall enjoy, in particular, the exclusive right to 
perform or authorize the following acts:  
 
(i) reproducti on of his work;  
 
(ii) translation, adaptation, arrangement or any other 
alteration  of his work;  
 
(iii) distribution of copies of his work to the public by 
means of sale or any other transfer of ownership or 
by rental or lending;  
 
(iv) performance of his wo rk in public.  
 
(2) The rental right referred to in paragraph (1)(iii) 
shall not apply to the rental of computer programs in 
those cases where the program itself is not the 
essential subject matter of the rental"  
 
Authors of literary or artistic works have  the exclusive 
right to authorize adaptations, arrangements and 
other alterations of their works . Berne Convention, 
Article 12.  Covered by Article 8, Annex VII , Bangu i Agreement  
 
"(1) An author shall enjoy the exclusive right to 
exploit his work in any fo rm whatsoever and to obtain 
monetary advantage therefrom . Subject to the 
provisions of Articles 10 to 24, the author of a work 
shall enjoy, in particular, the exclusive right to 
perform or authorize the following acts:  
 
(i) reproduction of his work;  
 
(ii) translation, adaptation, arrangement or any other 
alteration  of his work;  
 
(iii) distribution of copies of his work to the public by 
means of sale or any other transfer of ownership or 
by rental or lending;  
 
(iv) performance of his work in public.  
 
(2) The  rental right referred to in paragraph (1)(iii) 
shall not apply to the rental of computer programs in 
those cases where the program itself is not the 
essential subject matter of the rental"  
 
Reservations and conditions on the exclusive 
recording right gra nted to authors of musical works 
that are recorded, and to authors of words that are 
recorded with the musical work, are permitted . 
Berne Convention, Article 13.  Covered by Article 12, Annex VII , Bangui Agreement  
 
"Notwithstanding the provisions of Article  8, it shall be 
permitted, without the consent of the author and 
without payment of remuneration, but subject to the 
requirement of stating the source and the name of the 
author if such name is given in the source, to use a 
lawfully published work as an il lustration in 
publications, broadcasts or sound or visual recordings 
intended for teaching."  
 WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
Authors of literary and artistic works have the 
exclusive right to authorize the cinematographic 
adaptation and reproduction of their works and the 
distribution,  public performance and communication 
to the public of the adaptation or reproduction, 
without the limitations authorized under Article 13(1) . 
Berne Convention, Article 14.  Covered by Article 8, Annex VII , Bangui Agreement  
 
"(1) An author shall enjoy the e xclusive right to 
exploit his work in any form whatsoever and to obtain 
monetary advantage therefrom . Subject to the 
provisions of Articles 10 to 24, the author of a work 
shall enjoy, in particular, the exclusive right to 
perform or authorize the following  acts: 
 
(i) reproduction of his work;  
 
(ii) translation, adaptation, arrangement or any other 
alteration  of his work;  
 
(iii) distribution of copies of his work to the public by 
means of sale or any other transfer of ownership or 
by rental or lending;  
 
(iv) performance of his work in public.  
 
(2) The rental right referred to in paragraph (1)(iii) 
shall not apply to the rental of computer programs in 
those cases where the program itself is not the 
essential subject matter of the rental"  
 
A cinematographic wo rk is to be protected as an 
original work without prejudice to any work that is 
adapted or reproduced and the author of the 
cinematographic work is to enjoy the same rights as 
the author of any other work . Berne Convention, 
Article 14 bis. 
  
"Droit de suit e" is required in connection with 
subsequent sales of works of art and manuscripts . 
Berne Convention, Article 14 ter. Authors of graphic and three -dimensional works, and 
of manuscripts, shall have an inalienable right, 
regardless of any transfer of the orig inal work, to 
participate in the proceeds of any sale of such work or 
manuscript by public  auction or through a dealer, 
whatever the conditions under which the transaction 
was carried out by the latter.  – delete  
 
Covered by point three instead of two of the OAPI 
preamble . Account should be taken of the wording of 
the OAPI Agreement, as stipulated in Article 3  
 
Ownership of a work, for purposes of litigation, is 
presumed to be that which appears on the work in the 
usual manner . Berne Convention, Article 15.  Covered by point two of the OAPI preamble  - delete  
 
Covered by point 3 of the OAPI preamble  
 
Infringing copies of a work are subject to seizure 
whether domestically produced or imported . 
Berne Convention, Article 16.  Covered by point two of the OAPI prea mble - delete  
 
Covered by point 3 of the OAPI preamble  
 
Apply copyright protection to all works which, at the 
moment TRIPS becomes effective, have not fallen into 
the public domain through the expiry of the term of 
protection in the country of origin, or in the country 
where protection is claimed . Berne Convention, 
Article  18.1 and  18.2. 
 Covered by points ten and two of the OAPI legislation  
– delete  
 
Covered by points 3 and 4  of the OAPI legislation  
Members are entitled to provide greater protection 
than that required by the Berne  Convention . 
Berne Convention, Article 19.  Covered by point two of the OAPI  legislation  - delete  
 
Covered by point 3 of the OAPI legislation  
 WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
Members may enter into special agreements among 
themselves to provide more extensive r ights than 
those provided by the Berne  Convention . 
Berne Convention, Article 20.  
(The 1996 WIPO Copyright Treaty (WCT) is an 
agreement concluded within the meaning of Article 20 
of the Berne Convention, but adherence to the WCT is 
not a TRIPS  obligation.)  
 70 years for copyright for OAPI - delete  
 
50 years from the death of the author . Article 27, 
Annex VII to the OAPI legislation instead of 70 years , 
OAPI legislation  
Protect computer programs, whether in source or 
object code, as literary works under the Berne 
Convention . Compilations of data, whether in machine 
readable or other form are to be protected if they 
constitute intellectual creations . TRIPS Article 10.  
 Covered by point ten of the OAPI  preamble - delete  
 
Covered by point 3 of the OAPI  preamble  
Provide rental rights at least for computer programs 
and cinematographic works with certain exceptions . 
TRIPS Article 11.  Covered by point ten of the OAPI  preamble - delete  
 
Covered by Article 25, Annex VII , OAPI legislation  
 
Provide a term of protection  of 50 years from the 
death of the author (Berne Article 7.1 and 
TRIPS  Article 9.1) ; or, for works where the term is not 
measured on the basis of the life of the author, a 
term of 50 years from the end of the calendar year of 
authorized publication, or, if  not published within 
50 years from the making of the work, 50 years from 
the end of the calendar year of making . 
TRIPS Article  12. 
 70 years for copyright for OAPI - delete  
 
50 years from the death of the author . Article 27, 
Annex VII , OAPI legislation , instead of 70 years  
Confine limitations and exceptions to exclusive rights 
to certain special cases which do not conflict with a 
normal exploitation of the work and do not 
unreasonably prejudice the right holder's legitimate 
interests . TRIPS Article 13.  
 Covered by point ten of the OAPI  preamble - delete  
 
Covered by Article 25, Annex VII , OAPI legislation  
 
Provide performers with the right for 50 years from 
the date of a performance to prevent unauthorized 
fixation of their unfixed performances and of 
reproductions of such fixations and to prevent the 
unauthorized broadcast by wireless means and 
communication to the public of their live 
performances . TRIPS Article 14.1 and 14.5.  
 70 years for copyright for OAPI - delete  
 
50 years from the death of the autho r. Article 27, 
Annex VII , OAPI legislation  
Provide phonogram producers with the right for 
50 years from the date of first authorized fixation to 
prohibit unauthorized reproduction of their 
phonograms, directly or indirectly, and to prohibit 
rental of copi es of their phonograms once sold or 
otherwise distributed . TRIPS Article  14.2, 14.4 
and 14.5. 
 The term of protection afforded to phonograms under 
this part of the Annex shall be fifty years as from the 
end of the year of fixation.  
Article 56, Annex VII  
Providing broadcasting organizations with the 
exclusive rights for 20 years of fixation, reproduction 
of fixations, and rebroadcasting by wireless means of 
their broadcasts and the communication to the public 
of broadcasts of their broadcasts or provide to the 
owners of the copyright in the material broadcast the 
possibility of exercising such rights . TRIPS Article  14.3 
and 14.5.  
 The term of protection afforded to broadcasts under 
this part of the Annex shall be twenty -five years as 
from the end of the year  in which the broadcast took 
place.  
Article 57, Annex VII  WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
Trademarks  Citation to appropriate law  
Provide eligibility for trademark or service mark 
protection for any sign, or combination of signs 
capable of distinguishing the goods or services of one 
undertaking from those of other undertakings . 
TRIPS Article 15.1.  Any visible sign used or intended to be used and 
capable of distinguishing the goods or services of any 
enterprise shall be considered a trademark or service 
mark, including in particular surna mes by themselves 
or in a distinctive form, special, arbitrary or fanciful 
designations, the characteristic form of a product or 
its packaging, labels, wrappers, emblems, prints, 
stamps, seals, vignettes, borders, combinations or 
arrangements of colours, d rawings, reliefs, letters, 
numbers, slogans  and pseudonyms.  
Article 2, Annex III  
 
Not deny registration for a mark based solely on the 
nature of the goods or services to which a trademark 
is to be applied . TRIPS Article 15.4.  (i) Covered by point ten of the preamble of the 
OAPI legislation  – delete  
 
Covered by the preambl e (xxi) of the Nice Agreement 
Concerning the International  Classification of Goods 
and Services for the Purposes of the Registration of 
Marks of 1 5 June 1957, as revised at Stockholm on 
14 July 1967 and at Geneva on 1 3 May 1977, and 
amended on 2 8 September  1979. 
 
Trademarks must be published before or promptly 
after registration to permit opposition or opportunity 
to apply for cancellation . TRIPS Article 15.5.  The Organization shall publis h the particulars referred 
to in Article 16 above for every certificate of 
registration issued . Those particulars shall be entered 
in the Special  Register of Marks.  
Article  17, Annex III  - delete  
 
The Organization shall publish the particulars referred 
to in Article 20 above, including the name and 
address of the agent, where applicable, for every 
certificate of registration issued . Those particulars 
shall be entered in the Special  Register of Marks.  
Article 21, Annex III  
 
Provide trademark owners the excl usive right to 
prevent unauthorized use of identical or similar marks 
for similar goods or services of other parties if 
confusion is likely to result . TRIPS Article 16.1.  Covered by point ten of the OAPI  legislation  - delete  
 
Covered by Article 16, Annex I II to the OAPI 
legislation  
 
Presume confusion where an identical mark is used 
without authorization on identical goods or services . 
TRIPS Article 16.1.  Covered by point ten of the OAPI  legislation - delete  
 
Covered by Article 16, An nex III to the OAPI 
legislation  
 
Provide protection for well -known trademarks and 
service marks in accordance with Article  6bis of the 
Paris Convention, even where use is on goods or 
services which are not similar to those in respect of 
which a trademark is registered if the la tter use would 
imply a connection with the right holder and such use 
would be likely to damage the right holder's interests . 
TRIPS Article 16.2 and 16.3.  The owner of a well -known mark within the meaning 
of Article 6bis of the Paris  Convention for the 
Protection of Industrial Property and Article 16, 
paragraphs (2) and (3), of the Agreement on 
Trade -Related Aspects of Intellectual Property Rights 
may apply to the court s for the invalidation, on the 
national territory of one of the member States, of the 
effects of the filing of a mark liable to be confused 
with his own . Such action may not be taken after a 
period of five years has expired following the date of 
the application in so far as the latter was filed in good 
faith. 
 
Limited exceptions to the rights conferred by a 
trademark, such as fair use of descriptive terms, are 
permitted under the conditions set  out in 
TRIPS  Article 17.  Covered by point ten of the OAPI  legislation - delete  
 
Covered by Article 16, An nex III to the OAPI 
legislation  
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  TRIPS Agreement  Union of the Comoros  
Provide a per iod of protection for registration of at 
least seven years, renewable indefinitely . 
TRIPS Article  18. The registration of a mark shall be valid for only ten 
years from the filing date of the application for 
registration ; however, the ownership of a mark ma y 
be preserved indefinitely through successive renewals 
of the registration, which may be effected every ten 
years.  
Article 19, Annex III  
 
Allow cancellation for non -use only after a period of 
three years of uninterrupted non -use unless valid 
reasons exis t for the non -use, including government 
restrictions of use . TRIPS Article 19.1.  At the request of any interested party, the court may 
order the cancellation of any registered mark which, 
for an uninterrupted period of five  years prior to the 
request, has not been used on the national territory of 
one of the member States, except where the 
registered owner has legitimate reasons for having 
failed to use it ; the cancellation may be extended to 
all or part of the goods or services for which the said 
mark was registered.  
Article 23, Annex III  
 
No unjustified encumbering of the use of a trademark 
by special requirements . TRIPS Article 20.  
 Covered by the OAPI legislation  
May establish conditions for licensing but compulsory 
licensing not permitted and owner of  registered mark 
must be able to assign it with or without transfer of 
business . TRIPS Article 21.  The owner of a mark may, by contract, grant to a 
person, whether natural person or legal entity, a 
license enabling him to use the said mark for all or 
some of the goods or services in respect of which the 
mark is registered.  
Article 29, Annex III  
 
Geographical Indications (GIs)  Citation to appropriate law or laws  
Provide means, with certain exceptions, to prevent 
use of GIs for goods where a given quality, reputation 
or other characteristic of a good is attributable to its 
origin, if such use misleads the public as to the origin 
of the good or constitutes an act of unfair 
competition . TRIPS Article 22.1 and 22.2.  Geographical indications shall be protected a s such if 
they have been registered by the Organization or are 
to be treated as having been registered by virtue of 
an international convention to which the member 
States are party.  
Article 4, Annex VI  
 
Refuse to register, or invalidate registrations of, 
trademarks containing a GI if their use would mislead 
the public as to the origin of the good, except in 
instances in which such marks have been used in a 
continuous manner for at least 10 years or in 
good faith before 15  April 1994. TRIPS Article 22.3.  
 Covered by point ten of the  preamble of the  
OAPI legislation  - delete  
 
This principle applies to all WTO Members, including 
OAPI members.  
Protect against use of GIs, even when literally true, 
but which falsely represent to the public that the 
goods origina te in another territory . 
TRIPS Article  22.4. Covered by point ten of the preamble of the 
OAPI legislation - delete  
 
This principle applies to all WTO Members, including 
OAPI members.  
 
Provide means, with certain exceptions, to prevent 
use of GIs for wines  and spirits on wines and spirits 
not originating from the place indicated in the GI, 
even if the use is accompanied by expressions such as 
"kind", "type," "style", etc. T RIPS Articles 23.1 
and 24. 
 Covered by point ten of the preamble of the 
OAPI legislat ion - delete  
 
This principle applies to all WTO Members, including 
OAPI members.  
 
Refuse or invalidate, with certain exceptions 
trademark registrations containing GIs for wines and 
spirits not having the origin indicated by the GI . 
TRIPS Articles 23.2 and  24. Covered by point ten of the preamble of the 
OAPI legislation - delete  
 
This principle applies to all WTO Members, including 
OAPI members.  
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  TRIPS Agreement  Union of the Comoros  
Industrial Designs  Citation to appropriate law  
Provide, with certain exceptions, protection for new or 
origina l, independently created industrial designs . 
TRIPS Article 25.1.  Any creator of an industrial design and his successors 
in title shall have the exclusive right to exploit the 
said design and to sell or cause to be sold for 
industrial or commercial purposes  the goods in which 
the design is incorporated, subject to the conditions of 
this Annex, without prejudice to the rights conferred 
by other legal  provisions.  
Article 3, Annex IV  
 
Ensure that requirements for securing protection for 
textile designs are not  prohibitive of such protection . 
TRIPS Article 25.2.  Covered by point ten of the preamble of the 
OAPI legislation - delete  
 
This principle applies to all WTO Members, including 
OAPI members.  
 
Exceptions to design rights should be limited, not 
unreasonably  conflicting with normal exploitation or 
producing the owner's legitimate interest, taking 
account of legitimate third party interests . 
TRIPS Article 26.2.  Covered by point ten of the preamble of the 
OAPI legislation - delete  
 
This principle applies to all  WTO Members, including 
OAPI members.  
 
Protection should amount to at least 10 years . 
TRIPS Article 26.3.  Subject to the provisions of paragraph (2) below, the 
term of the protection conferred by a certificate of 
registration of an industrial design shall  expire at the 
end of the fifth year following the filing date of the 
application for registration.  
Article 12, Annex IV  
 
Patents (including plant variety protection)  Citation to appropriate law  
Provide patents for any inventions, whether products 
or pro cesses, in all fields of technology if they are 
new, involve an inventive step and are industrially 
applicable . Exclusions are permitted for inventions 
that are methods of treatment, and plants and 
animals, except for microorganisms and 
non-biological and microbiological processes . 
Exclusions are also permitted for reasons of 
ordre  public  and morality . TRIPS Article 27.  In order to enjoy the protection afforded by this 
Annex, a variety shall be:  
(a) new; 
(b) distinct;  
(c) uniform;  
(d) stable ; and 
(e) given a denomination devised in accordance with 
the provisions of Article  23. 
Article 4, Annex X  
 
Provide protection of plant varieties either by patents 
or by an effective sui generis  system, or by any 
combination thereof . TRIPS Article  27.3(b).  Covered by poi nt ten of the preamble of the 
OAPI legislation - delete  
 
This principle applies to all WTO Members, including 
OAPI members.  
 
Provide patent owners with the right to prevent others 
from making, using, offering for sale, selling or 
importing a patented prod uct or from using a patent 
process or using, offering for sale, selling or importing 
a product produced directly obtained by using such 
process . TRIPS Article 28.1.  
 Covered by point ten of the preamble of the 
OAPI legislation - delete  
 
Covered by Article 6, Annex I to the OAPI legislation  
 
Give patent owners the right to assign the rights in 
the patent, or transfer the rights by succession, or 
license them . TRIPS Article 28.2.  The owner of a patent may, by contract, grant to a 
person, whether natural pers on or legal entity, a 
license enabling him to exploit the patented invention.  
Article 36, Annex I  
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  TRIPS Agreement  Union of the Comoros  
Require applicants to disclose the invention so that 
one skilled in the art can carry it out and may require 
indication of the best mode and information on 
corresponding foreign applications . TRIPS Article 29.  Covered by point ten of the preamble of the 
OAPI legislation - delete  
 
This principle applies to all WTO Members, including 
to OAPI legislation.  
 
Ensure that any exceptions to exclusive patent rights 
are limited, do not unreasonably conflict with normal 
exploitation of the patent and do not unreasonably 
prejudice the legitimate interests of the patent owner, 
taking third party interests into account . 
TRIPS Article  30. 
 Covered by point ten of the  preamb le of the  
OAPI legislation - delete  
 
This principle applies to all WTO Members, including 
to OAPI legislation.  
 
Patents can be subject to compulsory licences or use 
by governments provided the conditions enumerated 
in Article 31 are met . TRIPS Article  31. Covered by point ten of the  preamble of the 
OAPI legislation - delete  
 
This principle applies to all WTO Members, including 
to OAPI legislation.  
 
Option of providing a special compulsory licence for 
export of medicines, subject to certain requirements. 
2005 Protocol amending TRIPS (introducing 
Article  31bis) and related 2003 waiver.  Covered by point ten of the preamble of the 
OAPI legislation - delete  
 
This principle applies to all WTO Members, including 
to OAPI legislation.  
 
Provide an opportunity for judicial review of decisions 
to revoke or forfeit a patent . TRIPS Article 32.  Covered by point ten of the preamble of the 
OAPI legislation - delete  
 
This principle applies to all WTO Members, including 
to OAPI legislation.  
 
Provide a patent term of at lea st 20 years from the 
filing date . TRIPS Article 33.  The patent shall expire at the end of the 20th calendar 
year following the filing date of the application, 
subject to the provisions of Article  40. 
Article 9, Annex I  
 
Provide judicial authorities with t he authority to shift 
the burden of proof in process patent infringement 
actions to the defendant in instances in which the 
product produced by the process is new or where it is 
substantially likely that the identical product was 
made using the process and  the patent owner has 
been unable through reasonable efforts to determine 
the process used . TRIPS Article 34.  For the purposes of the civil procedure for violation of 
the owner's rights referred to in Article 1, if the 
subject matter of the patent is a pro cess for making a 
product, the judicial authority shall be authorized to 
order the defendant to prove that the process used to 
make an identical product is different from the 
patented process in one of the following situations:  
(a) the product made by the process is new;  
(b) there is a strong probability of the identical 
product having been made by means of the process 
and of the owner of the patent having been unable, in 
spite of reasonable effort, to establish what process 
was actually used.  
Article 66, A nnex I  
 
Layout -desig ns (topographies) of 
integrated  circuits  Citation to appropriate law  
Provide protection for original layout -designs of 
integrated circuits that are registered or have been 
commercially exploited anywhere in the world . 
Articles 3, 4, 5 , and 7 of the Washington  Treaty as 
incorporated into TRIPS  Article 35.  Covered by point ten of the preamble of the 
OAPI legislation - delete  
 
This principle applies to all WTO Members, including 
to OAPI legislation.  
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  TRIPS Agreement  Union of the Comoros  
Make unlawful, except in certain circ umstances, the 
reproduction, importation, sale or other distribution 
for commercial purposes of a protected layout -design 
or an integrated circuit embodying such design or an 
article containing such an integrated circuit . Article 6 
of the Washington Treaty  and TRIPS Article 36.  
 Covered by point ten of the preamble of the 
OAPI legislation - delete  
 
This principle applies to all WTO Members, including 
to OAPI legislation.  
 
Provide such protection for a term of 10 years from 
the filing of an application for registration or from first 
commercial exploitation . TRIPS Article 38.  
 Covered by point ten of the  preamble of the 
OAPI legislation - delete.  
 
This principle applies to all WTO Members, including 
to OAPI legislation.  
 
Protection of undisclosed information  Citation to appropriate law or laws  
Provide protection for undisclosed information that is 
secret (not generally known or readily ascertainable) ; 
has commercial value because of its secrecy, and has 
been subject to reasonable steps to keep it secret . 
TRIPS Article 39.2.  Covered by Article 6, Annex VIII to the Bangui 
Agreement  
When submission of test data is required for 
marketing approval of pharmaceutical or agricultural 
chemicals utilizing a new chemical entity, protect such 
test data in accordance wit h TRIPS  Article 39.3.  Covered by Article 2(2)(a) , Annex I to the Bangui 
Agreement  
Enforcement1 Citation to appropriate law or laws  
- General Provisions   
Make available the specified enforcement procedures 
so as to provide for effective action against 
infringement of IP rights while avoiding the creation 
of barriers to legitimate trade and providing 
safeguards against their abuse . TRIPS Article 41.1.  Covered by point (2) of the p reamble of the Bangui 
Agreement:  
(Concerned to protect intellectual property rights on 
their territories in as effective and uniform a manner 
as possible)  
 
Provide enforcement procedures that are fair and 
equitable and are not unnecessarily complicated or 
costly and do not entail unreasonable time -limits or 
unwarranted delays . TRIPS Article 41.2.  Covered by point (2) of the preamble of the Bangui 
Agreement : 
(Concerned to protect intellectual property rights on 
their territories in as effective and uniform a manner 
as possible)  
Provide that decisions on the merits of a case be 
preferably in writing, with the reasons explained, and 
based only on the evidence presented in the case to 
the parties . TRIPS Article 41.3.  Covered by Article 20(1),(2) and (3), Annex I to the 
Bangui Agreement  
 
Provide for review by judicial bodies of final 
administrative decisions and of at least the legal 
aspects of initial judicial decisions on the merits of a 
case. TRIPS Article 41.4.  Covered by  Article 20(1) and (2) of  the Bangui 
Agreement  
- Civil and Administrative Procedures and 
Remedies   
Provide a p rocedure that allows plaintiffs to bring an 
action for infringement ; requires that defendants be 
notified ; permits both side to present evidence in 
support of their position ; and protects confidential 
information . TRIPS Article 42.  Covered by the Bangui Ag reement, Article 57 , Annex 
I, paragraph 1 (Patents )  
Authorize judges to order production of evidence 
necessary to substantiate a party's claims where that 
party has been unable to obtain such evidence from 
the opposing party . TRIPS Article 43.1.  Covered  by Article 64(4), Annex I to the Bangui 
Agreement  
 
                                                
1 As an alternative to the section on enforcement, acceding governments may choose to complete 
document IP/C/5 ("Checklist of Issues on Enforcement") in anticipation of future notification requirements.  WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
Authorize judges to enjoin a defendant from infringing 
intellectual property rights, with certain exception 
possible . TRIPS Article 44.1 and 44.2.  Covered by Article 64(5), Annex I to the Bangui 
Agreemen t  
Authorize judges to order the payment of monetary 
damages adequate to compensate for the injury done 
by the infringement . TRIPS Article 45.1.  Covered by Article 69, Annex I to the Bangui 
Agreement  
Authorize judges to order infringer to pay right 
holders enforcement costs and recovery of profits 
and/or statutory damages . TRIPS Article 45.2.  Covered by the preamble of the Bangui Agreement, 
Article 67  
Authorize additional remedies including seizure of 
infringing goods, and the materials and implements 
the predominant use of which is infringement . 
TRIPS Article  46. Covered by Article 65(2), Annex I to the Bangui 
Agreement   
Authorize indemnification of defendant, including 
attorneys' fees in the event of abuse by plaintiffs . 
TRIPS Article 48.1.  Covered b y Article 69, Annex I to the Bangui 
Agreement  
Exempt public authorities and officials from liability in 
connection with the administration of intellectual 
property laws only where the actions are taken or 
intended in good faith within the scope of the re levant 
authority . TRIPS Article 48.2.  Covered by Article 8(1) and (2) of the Bangui 
Agreement  
Ensure that administrative remedies conform to the 
principles in the preceding Articles . TRIPS Article  49. Covered by Article 57(5), Annex II to the Bangui 
Agree ment  
- Provisional Measures   
Authorize judges to grant temporary restraining 
orders and provisional relief to prevent infringement 
and to preserve evidence . TRIPS Article  50.1. Covered by Article 57(2), Annex II to the Bangui 
Agreement  
Authorize judge s to require the complaining party to 
indemnify the defending party against harm if the 
decision on the merits finds the provisional relief 
unjustified . TRIPS Article 50.3.  Covered by Article 57(3), Annex II to the Bangui 
Agreement  
Provide for notice, fo r formal action by the plaintiff 
after temporary restraining orders, etc. T RIPS 
Article  50.4. Covered by Article 58(2), Annex II to the Bangui 
Agreement  
- Special requirements related to border 
measures   
Provide for suspension of release by customs 
authorities of goods suspected of bearing a 
counterfeit trademark or of being a pirated 
copyrighted work, at the request of a right holder . 
Members are authorized to extend such protection to 
holders of other forms of intellectual property . 
TRIPS Article 51.  Covered by the preamble of the Bangui Agreement, 
Article 77(1) and (2)  
 
Require right holders initiating border measures to 
provide evidence of a prima facie infringement and a 
description of the goods sufficiently detailed for 
customs authorities to recog nize them . The right 
holder must be notified within a reasonable time that 
action will be taken on his behalf . TRIPS Article 52.  Covered by the preamble of the Bangui Agreement, 
Article 77(2)  
 
Authorize authorities to require the right holder 
requesting b order measures to post a bond sufficient 
to protect the defendant and to prevent abuse . 
TRIPS Article 53.  Covered by Article 77, Annex I to the Bangui 
Agreement  
 WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
Require prompt notification of the right holder and the 
importer when action under TRIPS Arti cle 51 is taken . 
TRIPS Article 54.  Covered by Article 78(2), Annex I to the Bangui 
Agreement  
 
Require that customs authorities be notified within 10 
days of the receipt of notice that proceedings on the 
merits have begun or the suspension is to be revoked . 
TRIPS Article 55.  Covered by Article 78(1), Annex I to the Bangui 
Agreement  
 
Authorities must be authorized to require the right 
holder to compensate the importer or owner of the 
goods subject to border measures if goods were 
wrongfully detained or if p roceedings leading to a 
decision on the merits are not begun within the 
allotted time . TRIPS Article 56.  Covered by Article 64(4), Annex I to the Bangui 
Agreement  
 
Right holders must be allowed to inspect the detained 
goods in order to substantiate the ri ght holder's 
claims . Importers must be given similar authority . 
Members may give the right holder the names and 
addresses of those involved in the importation when 
infringement is found to exist . TRIPS Article 57.  Covered by Article 65(1), Annex I to the B angui 
Agreement  
 
Establish the conditions that must be in place if 
customs authorities are authorized to act ex officio , 
including the ability to ask the right holder for 
information at any time ; the requirement to notify the 
importer promptly of the susp ension ; and the 
requirement that public officials be liable if they act in 
bad faith . TRIPS Article  58. Covered by Article 75(4), Annex I to the Bangui 
Agreement  
 
Competent authorities must be able to order 
destruction or disposal other than by re -export of 
infringing goods where appropriate . TRIPS Article 59.  Covered by Article 75(4), Annex I to the Bangui 
Agreement  
 
Members are authorized to except from border 
measures small quantities of infringing goods of a 
non-commercial nature carried in personal l uggage or 
shipped in small consignments . TRIPS Article 60.  Covered by Article 77(1), (2) and (3), Annex I to the 
Bangui Agreement  
 
- Criminal Procedures   
Provide criminal procedures and penalties, sufficient 
to act as a deterrent, for wilful trademark 
counterfeiting or copyright piracy on a commercial 
scale. Authorizes extension of criminal procedures to 
infringements of other forms of intellectual property 
where they are committed wilfully and on a 
commercial scale . TRIPS Article 61.  Covered by Articles 77 and 49, Annex I to the Bangui 
Agreement  
 
Administration of IP rights   
Procedures and formalities for acquisition or 
maintenance of IP rights should be reasonable and 
consistent with TRIPS . TRIPS Article 62.1.  Covered by the Bangui Agreement, Article 1 0 of the 
preamble, paragraph 3  
 
Procedures for grant or registration of IP rights should 
permit the granting or registration of the right within 
a reasonable period of time so as to avoid 
unwarranted curtailment of the period of protection . 
TRIPS Article 62.2. Covered by the Bangui Agreement, Article 1 4 of the 
preamble , which stipulat es that the Organization acts 
as the receiving Office within the meaning of Article 
2(xv) of the Patent Cooperation Treaty  
 WT/ACC/COM/8  
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  TRIPS Agreement  Union of the Comoros  
Procedures for acquisition or maintenance of IP ri ghts 
and any administrative revocation and inter partes  
procedures such as opposition, revocation and 
cancellation, shall be governed by the general 
principles set out in paragraphs 2 and 3 of Article 41 . 
Final administrative decisions for such procedures 
shall be subject to review by a judicial or 
quasi -judicial authority (apart from unsuccessful 
opposition or administrative revocation, provided that 
invalidation procedures apply) . TRIPS Article 62.4 
and 62.5. Covered by Article 14, Annex I to the Bangui 
Agreement  
 
__________