The relevant protocol on trade marks for ARIPO is the Banjul Protocol, which came into effect on 6 March 1997. The 10 States that have acceded to the Banjul Protocol are:
Swaziland (now called eSwatini)
Sao Tomé & Principe
At present, Botswana, Liberia, Zimbabwe, Namibia and Malawi are the only countries that have incorporated the provisions of the Banjul Protocol into their national laws and are therefore the only member states in which an ARIPO trade mark registration may be enforceable. The other member states that have acceded to the Banjul Protocol do not have legislation in place to recognise ARIPO registrations.
Accordingly, the most comprehensive yet cost-effective way of protecting trade marks in the ARIPO member states is by filing an ARIPO application designating Botswana, Liberia, Zimbabwe, Namibia and Malawi and filing applications through the national registries of the other member states.
General ARIPO Information
International / Regional Conventions:
Berne Convention (all countries are members except Mozambique, Sierra Leone and Uganda)
Hague Agreement on Designs (only Ghana, Namibia and Rwanda are members)
Madrid Agreement on Marks (Kenya, Lesotho, Liberia, Mozambique, Namibia, Sierra Leone, Sudan and eSwatini are members)
Madrid Protocol on Marks (15 countries are members; Malawi, Somalia, Tanzania and Uganda are not yet members)
Nice Agreement on Classification of Marks (Malawi, Mozambique and Tanzania are members)
Paris Convention (all countries except Somalia)
Patent Cooperation Treaty (all countries except Somalia)
WIPO Convention (all countries are members)
WIPO Copyright Treaty (only Botswana and Ghana are members)
WTO/TRIPS (all countries are members except Liberia, Sao Tomé & Principe, Somalia and Sudan).