Law

  • Trade Marks Act No. 8 of 2014

Sierra Leone is a member of the Paris Convention, the Madrid Agreement and Protocol, and the WTO/TRIPS.

Trade mark protection

Provision is made for the registration of trade marks for goods/services, for series marks and for parts of marks.

Protection of well-known marks

The Act recognises well-known marks.

Definition of a trade mark

A trade mark is defined as any sign or combination of signs capable of distinguishing the goods or services of one undertaking from the goods or services of other undertakings including words such as personal names, letters, numerals and figurative elements

Classification

The 10th edition of the Nice Classification system applies, but only single-class filing is available.

Convention priority

Sierra Leone is a member of the Paris Convention and the Act makes provision for claiming priority rights. An applicant for a trade mark who has applied for the same trade mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed application, provided the Sierra Leone application is filed within six months of such earlier filing date.

Examination/procedure

Applications are examined as to formal requirements and whether they are in conflict with prior applications and registrations.

Opposition

Interested third parties may oppose the application within three months from date of publication. The extension of the opposition period is possible at the discretion of the Registrar, for a maximum of six months.

Duration and renewal

A trade mark registration is valid for an initial period of ten years from the date of filing, and is renewable for like periods of ten years each, upon payment of the applicable renewal fees.

Use requirement and cancellation

The use of a registered trade mark is required inasmuch as the Act provides for the cancellation of the registration in the case of non-use.

Assignment

Assignments of registered marks are possible.

Licensing/registered users

Licensing is recognised under the Act and shall not be valid against third parties until it has been filed with the Registry.

Amendment

The owner of a registered mark may request the Registrar to add or alter a trade mark in any manner which does not substantially affect its identity.

Patent protection

Patent protection is available by way of the confirmation of a granted UK or EP/UK patent, or via an ARIPO application designating Sierra Leone.

Sierra Leone has not implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national law. Accordingly, it is not clear whether patents granted by the ARIPO Patent Office will be enforceable in Sierra Leone.

Although the Registrar is currently accepting PCT national phase applications, the national laws of Sierra Leone have not been amended to provide for the PCT. Accordingly, the Registrar is not processing the applications to grant, as the draft Bill which incorporates the filing of PCT applications has not yet passed into law.

Patentable subject matter

Inventions are patentable if they are new, involve an inventive step and are industrially applicable.

The following, even if they are inventions, are not patentable:

  • Discoveries
  • Scientific theories or mathematical methods
  • Literary, dramatic, musical or artistic works or other aesthetic creations
  • Schemes, rules or methods for doing business, performing a mental act or playing a game
  • Programs for computers
  • Methods for the treatment of the human or animal body by surgery
  • Diagnostic methods practised on the human or animal body.

Although methods for the treatment of the human or animal body and diagnostic methods are not patentable subject matter, the exclusion does not extend to products for use in those methods.

Novelty

No provision. However, an application for confirmation of a UK patent must be made within three years from the date of issue of the UK patent.

Examination/procedure

Applications are subjected to formal examination, which takes place automatically.

Duration and maintenance

A patent obtained as confirmation of a UK patent remains in force for the period for which the UK patent remains in force, subject to the payment of renewal fees in the United Kingdom.

Design protection

A United Kingdom design extends automatically to Sierra Leone.

Registered design protection in Sierra Leone is also obtainable via ARIPO.  Since Sierra Leone has not implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national laws, it is not clear whether ARIPO design registrations would be enforceable in Sierra Leone.

There is no national route for obtaining registered design protection in Sierra Leone.

Currently, no legislative provision for plant breeders’ rights or other sui generis protection for plants is available in Sierra Leone.

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