BURKINA FASO Law and Practice Contributed by: Bobson Coulibaly, Pierre Yanogo, Oumarou Cisse and Diana Woba, SCP Yanogo Bobson
Before ruling on the opposition, the relevant organisation will hear the parties or their repre - sentative if requested. The relevant organisation’s decision on the oppo - sition may be appealed to the higher appeals commission within 60 days from notification of the decision to the relevant parties. The relevant organisation will only reject the application for registration to the extent that it is well-founded. The final decision to reject the application is published in the relevant organisation’s official newsletter. 7.3 Industrial Design Any plastic shape, whether or not combined with lines or colours, is considered an industrial design, provided that the assembly or shape gives a special appearance to an industrial or handicraft product and can be used in the manu - facture of an industrial or handicraft product. The term of protection conferred by the certificate of registration of an industrial design expires at the end of the fifth year from the date of the filing of the application. The industrial design application must be filed with the OAPI or national organisation and con - tain the following documents: • a request addressed to the general manager of the relevant organisation; • proof of payment of the required fees to the relevant organisation; • an unstamped private power of attorney if the applicant is represented by an agent; • an indication of the type of product for which the design will be used;
• on pain of invalidity of the deposit, two identi - cal copies of a graphic or photographic repre - sentation or a specimen of the design placed in a sealed envelope of the dimensions laid down by regulation; • the description of the industrial design(s), if applicable; and • the priority document, if applicable. Any interested party may oppose the registra - tion of an industrial design by sending a written notice setting out the grounds for opposition to the relevant organisation, within three months of the publication of the application. The opposi - tion must be based on an infringement of the law or of a prior registered right belonging to the opponent. The opposition may also be based on an earlier filing or an application with an earlier priority date. The relevant organisation will then send a copy of the notice of opposition to the applicant or their representative, who may reply to the notice, giving reasons, within three months, which may be renewed once if requested. The reply must be communicated to the opposing party or their representative. Before ruling on the opposition, the relevant organisation will hear from the parties or their representative, if requested. The relevant organisation’s decision on the oppo - sition may be appealed to the higher appeals commission within 60 days from notification of the decision to the relevant parties. The relevant organisation will reject the applica - tion for registration only to the extent that the opposition is well-founded.
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