The Member States of the African Regional Intellectual Property Organization (ARIPO) adopted the Swakopmund Protocol on the protection of traditional knowledge and expressions of folklore on August 9, 2010 at Swakopmund in the Republic of Namibia. The Protocol shall come into force three (3) months after six (6) states have deposited their instruments of ratification or accession with the Government of the Republic of Zimbabwe. The sixth ratification was deposited with the Government of the Republic of Zimbabwe on February 11, 2015. Therefore, the Swakopmund Protocol shall enter into force on May 11, 2015.
The entry into force of the Swakopmund Protocol will have the following effect:
Following the approval by both the Council of Ministers and the Administrative Council, the ARIPO Secretariat amended the Banjul Protocol to include the individual fee structure based on the Madrid System of WIPO. The sharing of fees between designated states and the Office will only apply to those designated states who choose to do so.
To date, out of the 9 Member States party to the Banjul Protocol, only the United Republic of Tanzania has adopted the Banjul Protocol Individual Fee Structure based on New Rule 10.3 of the Protocol. Therefore, with effect from 1st January 2015, when lodging a new regional trade mark application designating the United Republic of Tanzania and in respect of the renewal of a regional application, applicants are obliged to lodge the national individual respective fees charged by the United Republic of Tanzania.
None of the remaining Member States party to the Banjul Protocol, namely: Botswana, Lesotho, Malawi, Namibia, Liberia, Swaziland, Uganda and Zimbabwe have declared the adoption of Individual Fee Structure and therefore, the ARIPO Banjul Protocol Fee Structure still applies.