who, according to Article 9, are entitled to file international applications the right to file
applications for such patents, may provide that international applications designating or
electing a State party to both the regional patent treaty and the present Treaty may be filed as
applications for such patents”;
Having considered Article 8 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights of 1994, which provides that “Members may, in formulating or amending
their laws and regulations, adopt measures necessary to protect public health and nutrition,
and to promote the public interest in sectors of vital importance to their socio-economic and
technological development, provided that such measures are consistent with the provisions of
this Agreement …”;
Having considered Article 69 of the Agreement on Trade-Related Aspects of
Intellectual Property Rights of 1994, which provides that “Members agree to cooperate with
each other with a view to eliminating international trade in goods infringing intellectual
property rights …”;
Having considered Article 1 of the Budapest Treaty on the International Recognition of
the Deposit of Microorganisms for the Purposes of Patent Procedure, which provides that
“The States party to this Treaty (hereinafter called ‘the Contracting States’) constitute a Union
for the international recognition of the deposit of microorganisms for the purposes of patent
procedure”;
Having considered Article 36(1) of the Bangui Agreement of March 2, 1977, Relating
to the Creation of an African Intellectual Property Organization, which provides that “The
present Agreement may be revised from time to time, in particular, with a view to introducing
amendments liable to improve the services rendered by the Organization”;
Considering the advantages of establishing a uniform system for the protection of
literary and artistic property and industrial property and, particularly in the latter field, a
system for the single deposit of applications for patents, registration of utility models,
trademarks, service marks, industrial designs, trade names, geographical indications,
integrated circuits, plant varieties and microorganisms on the one hand, and a common system
of protection against unfair competition on the other hand, in order to facilitate recognition of
the rights provided for in the legislation of their countries;
Considering the role played by intellectual property in the achievement of the aims of
technological development;
Considering the advantages of creating a body responsible for applying common
administrative procedures deriving from a uniform system for the protection of intellectual
property;
Have resolved to revise the Bangui Agreement of March 2, 1977, on the Creation of an
African Intellectual Property Organization, and have designated for that purpose
plenipotentiaries, who have agreed on the following provisions:
Article 1
Definitions
The following terms have the meanings specified:
“Bangui Agreement” means the Agreement Relating to the Creation of an African
Intellectual Property Organization, done at Bangui on March 2, 1977, and all the Annexes to
it;
“Organization” means the African Intellectual Property Organization;