News from abroad

NEWS FROM AFRICA

NGOMBE Laurier Yvon

Code : 250-CE
Keywords :
Africa, Arbitration, Assignment, transfer, Infringement, Performer, Producer, Collective management, Harmonisation, Internet, Downloading, Work, Categories , Country, Criminal penalty, Proof, Originality, Term, duration, Ownership, International treaties, ARIPO, OAPI

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Résumé

In the period from October 2014 to July 2016, normative activity in the field of copyright in Africa was marked by significant events at the regional level. First, in 2015 (in Bamako), the African Intellectual Property Organisation (OAPI) adopted a revised version of the Bangui Agreement. This text, which is in the process of being ratified, amended inter alia Annex VII and clarified its normative reach. Second, in 2016, the African Union adopted the proposal for a Pan-African Intellectual Property Organisation (PAIPO-OPAPI). Over the same period, several legal decisions available in the OAPI area and particularly the ARIPO area offer an opportunity to compare the interpretations of African laws on certain issues such as the assessment of the harm in infringement cases, the standing of collective management societies to take legal action, the scope of the mandate of collective management societies, the concept of originality and the ownership of rights in commissioned works.

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