The practice and procedures for industrial design registration in Sierra Leone are governed by laws and regulations aimed at protecting the visual and aesthetic aspects of products. Industrial design registration ensures the creator has exclusive rights to prevent unauthorized copying or imitation of their design.
Industrial design registration in Sierra Leone is governed by the Industrial Property Act, 2012. This legislation aligns with international frameworks such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
An industrial design refers to the aesthetic or ornamental aspect of a product, which includes the shape, configuration, or form of an article; patterns, lines, or colors applied to the product. The design must be new and original, and it should not be dictated solely by the product’s technical function.
To qualify for registration and protection, the design must meet three fundamental criteria:
1. Novelty: The design must be new and not previously disclosed to the public anywhere in the world.
2. Originality: It should reflect the creator’s own intellectual effort.
3. Industrial applicability: The design must be capable of being used in the industry.
A creator who desires to register and protect his industrial design must file an application for registration at the Office of the Administrator and Registrar General (OARG)—the current government department that houses the Intellectual Property Office.
A complete application must include the following: the applicant’s full name, address, and nationality; representation of the design, such as drawings, photographs, or graphic representations; a description of the design, highlighting its features; the class/subclass under the Locarno Classification (a system for categorizing industrial designs); and a statement of the product(s) to which the design applies.
After the application is filed, the OARG examines it to ensure compliance with the legal requirements. This involves checking for formalities (e.g., completeness of the application) and determining whether the design meets the criteria of *novelty* and originality. The OARG does not conduct a substantive search for global novelty but checks against local records.
If the application is in compliance with the formalities examination, it is published. This allows third parties to view the design and file objections if they believe it infringes their rights.
The opposition period is typically 90 days during which third parties may oppose the registration. Grounds for opposition include lack of novelty or similarity to an earlier design.
If no opposition is filed or if opposition is resolved in favor of the applicant, the design is registered. The OARG issues a certificate of registration, which serves as proof of the applicant’s exclusive rights.
An industrial design in Sierra Leone is initially protected for five years from the filing date. The registration can be renewed for two additional periods of five years each, bringing the total possible duration of protection to 15 years.
