INTELLECTUAL PROPERTY RIGHTS IN MADAGASCAR
First Renewal Term
Subsequent Renewal Term
Madagascar is a 'first-to-file' jurisdiction; so, trademark registration is mandatory to get the rights over a trademark.
The trademark applications in Madagascar must be filed with the Malagasy Industrial Property Office (OMAPI).
The country is also a member of the Madrid Protocol; thus, the extension of international registration of a trademark via the Madrid System is possible for the country and its applicants.
Multi-class trademark applications are acceptable.
A trademark application may include goods and/or services in any number of classes but with extra charges from the 4th class for each additional class.
While the holders of registered trademarks in Madagascar may not oppose a trademark application for similar trademarks during their registration process, cancellation actions may be presented if the conflicting trademark is to be used corresponding to similar goods or services.
In Madagascar, the registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for periods of ten (10) years.
Madagascar is a member of the Paris Convention and Patent Cooperation Treaty (PCT).
The Ordinance No. 89-019 Establishing Arrangements for the Protection of Industrial Property in Madagascar (of July 31, 1989) deals with the mechanism of patent protection.
Process Patent and Product Patent are the two types of patents that can be protected in Madagascar.
In Madagascar, any invention that satisfies the conditions of novelty, inventive step, and industrial applicability or new usability, subjects to patentability.
The types of patent applications in Madagascar include PCT National Phase Application, Divisional Application, and Patent of Addition.
Utility Model Protection is not available under the patent law.
The time-period for the PCT National Phase Filing is thirty (30) months.
Opposition against a patent application can't be raised in Madagascar.
The patent of invention lasts for fifteen (15) years in Madagascar.
The time frame for payment of Annuities before the due date is the day before the due date.
Madagascar is a member of the Paris Convention.
The Ordinance No. 89-019 Establishing Arrangements for the Protection of Industrial Property in Madagascar (of July 31, 1989) deals with the mechanism of registration of industrial designs.
The types of industrial design applications in Madagascar include only the Convention Application.
Utility model protection isn't provided under industrial design protection in Madagascar.
Opposition against an industrial design application can't be raised in Madagascar.
The total duration of an industrial design registration is fifteen (15) years from the date of application. The initial term of registration is five (05) years, which is further extendible for two terms of (05) five years each upon payment of the renewal fee.
There is a grace period of six (06) months to renew an industrial design in Madagascar.
Madagascar is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Law No. 94-036 of September 18, 1995, on Literary and Artistic Property, deals with the mechanism of copyright protection in Madagascar.
The law grants copyright protection to all intellectual works regardless of their genre, the form of expression, or merit, which includes books, brochures, lectures, speeches, dramatic works, musical works, photographic works, software programs, paintings, drawings, and so on.
Throughout their lifetime, the authors of copyrighted works enjoy the exclusive right to exploit their works in any positive way possible and can make a financial profit from the same.
The standard copyright protection term lasts for the lifetime of the author plus seventy (70) years following his death. However, the duration of copyright protection varies depending on the type of work.