COVID-19: The impact on IP law and practice in African countries

This is a brief overview of the impact that the COVID-19 pandemic is having on IP law and practice in a number of the African countries that we operate in. When it comes to potential risks facing IP owners, we see that in a number of countries there is little clarity, at the time of writing, as to whether deadlines have been extended or waived.

Angola

There has been a state of emergency in place since 27 March 2020, due for review at a later date. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts have been operating at reduced capacity since 27 March 2020. Enforcement bodies such as the police and customs have not been affected. The IP Office was closed from 27 March 2020 - 26 April 2020. Since then it has been operating at reduced capacity. All deadlines were suspended during the period of closure.

ARIPO

ARIPO is a designation system that allows companies to obtain IP registrations in member countries. The ARIPO office, which is situated in Zimbabwe, is physically closed and will remain so until further notice. There is, however, an online service for the filing of applications and the making of payments.

Botswana

A six-month state of emergency was declared on 9 April 2020 and there is a lockdown in place until 21 May 2020 (with an initial easing of restrictions from 8 May 2020). No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are operating, but only for urgent cases. Enforcement authorities such as police and customs are operating as normal. The IP Office is closed to the public, although online applications are being accepted.  No trade mark searches are able to be carried out at this time. Local lawyers believe that the IP Office will grant extensions for all deadlines affected by the closure, but there has been no official confirmation of this.

Burundi

International flights have been suspended since 21 March 2020, borders with neighboring states are closed, and there is a 14-day quarantine for all Burundians seeking to enter the country. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are operating as usual, as are the enforcement authorities such as police and customs. The IP Office is open and operating as usual. The issue of extensions or waivers seemingly does not arise.

Cape Verde

A state of emergency was declared, to be reviewed at a later date. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are closed, but the enforcement authorities such as police and customs are operating as normal. Although the IP Office is physically closed, it is partially operating remotely with limited IT infrastructure. All IP Office deadlines were extended until 2 May 2020 and we understand that further extensions will be possible.

Djibouti

A lockdown has been in place since 23 March 2020, due for review at a later date. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are closed except for criminal matters, whereas the enforcement authorities such as police and customs are operating in a limited way. The IP Office is physically closed until further notice, but it is possible to file applications and renewals online and to send requests for extensions by email. Certificates are not being processed. No announcement has been made regarding possible waivers or extensions.

Democratic Republic of Congo (DRC)

There is a state of emergency in place together with a lockdown that is expected to be lifted on 25 May 2020. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are operating, albeit at reduced capacity. The enforcement authorities such as police and customs are operating as usual. The IP Office is open, but also operating at reduced capacity. The upshot is that the only extensions that are available relate to the filing of supporting documentation.

Eswatini

There is a lockdown in place until 19 June 2020. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are operating (albeit on a reduced basis) but they are in fact in recess until 25 May 2020. The enforcement authorities such as police and customs are operating as normal. The IP Office is closed until further notice. The assumption is that the IP Office will grant extensions for all deadlines affected by the state of emergency but there has been no official confirmation of this.

Ethiopia

A state of emergency has been in place since 8 April 2020. Although there is not a complete lockdown most government offices are working at reduced capacity. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are closed except for urgent matters, whereas the enforcement authorities such as police and customs are operating in a limited way.  The IP Office is operating at reduced capacity. All deadlines have been suspended until 19 July 2020.

Gambia

A state of emergency was declared on 27 March 2020 and this is still in place. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are closed, but the enforcement authorities such as police and customs are operating as normal. The IP Office is operating but on a reduced basis. It is not clear what, if any, effect this has on waivers and extensions.

Ghana

The lockdown was lifted on 20 April 2020 but there are still some restrictions in place. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are restricted to urgent matters. Enforcement authorities such as police and customs are operating as normal. The IP Office is operating at reduced capacity. As regards extensions or waivers, we understand that the IP Office has no power to amend the law, so missed priority claims will be fatal. When it comes to opposition deadlines or responses to official actions, however, the registrar does have the power to grant extensions.

Kenya

There is a partial lockdown in Kenya and there is no indication when this will end. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are closed except for urgent matters, whereas the enforcement authorities such as police and customs are operating as normal. The IP Office has remained open (albeit with reduced staff). The issue of waivers or extensions seemingly does not arise.

Lesotho

There is a lockdown in place, due for review at a later date. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are operating in a limited manner, whereas the enforcement authorities such as police and customs are operating as normal. The IP Office is open, although operating at reduced capacity. The office has confirmed that extensions will automatically be granted for all deadlines affected during the lockdown.

Liberia

An open-ended lockdown has been in place since 10 April 2020. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

Although the courts have not officially been closed there is very little judicial activity. The enforcement authorities such as police and customs are affected by the measures and are therefore not operating. The IP office is closed. There is no word on extensions or waivers or deadlines.

Madagascar

There is state of emergency and a lockdown in place, due for review at a later date. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are closed (except for urgent cases), whereas the enforcement authorities are focused on enforcing the curfew. The IP Office was closed until 20 April 2020 but since then it has been offering a limited service. There is no clarity on whether time periods have been extended and our local lawyer suggests it might be best to assume that they have not.

Malawi

Although there is no state of emergency or lockdown, the government has issued guidelines requiring all institutions to scale down their operations and only maintain essential staff at their offices - there is no indication how long these measures will last.  No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts have been suspended although urgent cases will be heard. Enforcement authorities such as police and customs are operating as normal. The IP Office is operating, albeit at reduced capacity. There is no indication that the issue of extensions or waivers for time periods has been considered.

Mauritius

A lockdown has been in place since 20 March 2020. No existing provisions that may impact on IP rights such as compulsory licensing have been introduced and no IP or IP-related laws have been changed.

The courts will only hear urgent cases. The police are operating as normal, but the customs and anti-counterfeiting authorities have other priorities other than IP enforcement. The IP Office has been closed since the lockdown was announced and it is unclear when it will re-open. As for deadlines, there has been no official word on this, but local practitioners, however, believe that they have been suspended and that extensions will be granted.

Mozambique

A state of emergency is in force and this is expected to end on 31 May 2020. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are closed for all but the most urgent applications, whereas the enforcement authorities such as police and customs are operating with reduced numbers. The IP Office is operating at reduced capacity. As yet no decision has been made as to whether there will be any extensions or waivers for time periods.

Namibia

There is a lockdown in place, due for review at a later date. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are closed, whereas the enforcement authorities such as police and customs are operating as normal. The IP office is closed to the public but electronic filings and lodgments are possible. We understand that the office takes the view that all deadlines remain in effect.

Nigeria

Restrictions have been in place since 30 March 2020 but there has been a gradual lifting of these restrictions since 27 April 2020 - a further update is expected in June. Meanwhile draft legislation to be called the Control of Infectious Diseases Act is before the National Assembly and there is apparently some disquiet about the draconian nature of this legislation. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

Although many courts were closed initially, we understand that things are returning to normal. Enforcement authorities such as police and customs were also affected initially, being totally focused on emergency measures.  The IP office was physically closed for a period but operations have now resumed on a reduced scale.  Online filing has, however, been possible throughout.

As regards deadlines, the IP Office announced early on that there would be no extensions in respect of trade mark applications published in the online journal of 28 February 2020 (deadline date 28 April 2020). In a later announcement the IP Office advised that all trade mark opposition hearings scheduled for the period 23 March 2020 - 23 April 2020 would be adjourned. It is likely that there will be further announcements.

OAPI

There is a partial lockdown in place in Cameroon (where the OAPI office is situated) from 18 March 2020 until a later date. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

There have been significant delays at the courts of the OAPI member countries, whereas the enforcement authorities such as police and customs have been focused on emergency measures. The OAPI office has been operating throughout the time of the crisis but on a reduced scale. Deadlines for the filing of supporting documents that were due on or after 18 March 2020 were extended until 31 May 2020, and these have since been further extended until 15 July 2020.

Rwanda

Rwanda’s state of lockdown is scheduled to end in May in favour of much lighter measures. No existing provisions that may impact on IP rights such as compulsory licensing have been introduced and no IP or IP-related laws have been changed.

The courts were closed for the period of the lockdown. Enforcement bodies such as the police and customs continued working, but focused their attention on enforcement of the lockdown. During the period of the lockdown the IP Office was physically closed but online filings were still possible. There has been no official word on deadlines that fell due during the period.

Seychelles

A state of emergency and lockdown was declared on 15 March 2020 and this is still in force. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are closed for all but the most urgent applications, whereas the enforcement authorities such as police and customs are operating as normal. The IP Office is closed and it is not possible to file any applications or pay any fees. It has been confirmed that time limits falling due during the lockdown will be extended.

Sierra Leone

There is a state of public health emergency in force for a period of 12 months. Two three-day lockdowns have been declared, the most recent from 3 May - 5 May 2020. No existing provisions that may impact on IP rights such as compulsory licensing have been introduced, and no IP or IP-related laws have been changed.

The courts are closed but enforcement bodies such as the police and customs are operating as normal. The IP Office is open but its activities have been scaled down. There has been no formal announcement of any extensions or waivers.

South Africa

South Africa was under a ‘hard’ lockdown until 30 April 2020, and since then it has been under a slightly more relaxed version, which allows businesses such a legal firms to operate, albeit with reduced staff levels. No existing provisions that may impact on IP rights such as compulsory licensing have been introduced, and no IP or IP-related laws have been changed.

The South African Companies and Intellectual Property Commission (CIPC) was closed from 25 March 2020 - 30 April 2020 but is now open. All deadlines falling within the period of closure were extended until 4 May 2020.

St Helena

No restrictive measures have been implemented in St Helena and there have been no confirmed cases of COVID-19. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are operating as normal, as are the enforcement authorities. The IP Office is operating, so the issue of extensions or waivers does not arise.

Sudan

There is a lockdown in place, due for review at a later date. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are temporarily closed and the enforcement authorities such as police and customs are unavailable. The IP Office is also closed. It seems that all deadlines have been suspended.

Tanzania

Although there is no official state of emergency or lockdown, there has been a general slowing down of activity. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

There has been a slowdown at the courts, but the enforcement authorities such as the police and customs seem to be operating as normal. Operations at the IP Office have been reduced with some staff working from home. There has been no formal announcement of any extensions or waivers.

Uganda

There is a lockdown in place until 2 June, due for review at a later date. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are temporarily closed, although urgent applications will be heard.The IP Office is also closed. The enforcement authorities such as the police and customs are operating. There has been no formal announcement of any extensions and waivers, but local lawyers anticipate that deadlines falling within this period will be automatically extended once lockdown is lifted.

Zambia

There is no state of emergency and there is no lockdown. There are, however, public health rules such as social distancing in public places. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are restricted to urgent matters. Enforcement bodies such as customs and the police are operating. Although the IP Office is operating as normal it does encourage submission of documents and correspondence by email. The issue of waivers or extensions seemingly does not arise.

Zanzibar

There is no state of emergency and there is no lockdown. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are operating, as are enforcement bodies such as customs and the police. The IP Office is operating as normal so the issue of extensions or waivers seemingly does not arise.

Zimbabwe

There is a lockdown in place, due for review at a later date. No existing provisions such as compulsory licensing have been invoked and no IP laws have been changed.

The courts are closed except for urgent matters. The enforcement authorities such as police and customs are operating as normal. The IP Office was closed for a considerable period but is now open for filings only. Local lawyers anticipate that all deadlines that fall within the lockdown period will be extended until the lockdown period passes.

This article is for general information purposes only and is not intended to be and should not be taken as legal advice. Please contact the author(s) if you have any questions about this article.