What are the causes of counterfeiting and piracy in Mali?
The lack of administrative checks and measures are the prime causes of counterfeiting and piracy in Mali.
Which are the goods that most often face counterfeiting and piracy in Mali?
Medicines and medical products, and agriculture products, like pesticides, most often face counterfeiting and piracy in Mali.
Does Mali have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
No
What are the specific laws/orders/rules laid down in Mali for the enforcement of Intellectual Property Rights?
They are as follows:
The Law No. 08-024 of July 23, 2008, Laying Down the Regime of Literary and Artistic Property in the Republic of Mali
The Customs Code (Law No. 01-075 of July 18, 2001)
The Law No. 87-18/AN-RM of March 9, 1987, on the Protection of Industrial Property
The Law No. 87-18/AN-RM of March 9, 1987, on the Protection of Industrial Property
The Decree No. 95-009/P-RM issuing the Visa for Pharmaceutical Products
What are the different types of IPRs protected by IPR enforcement in Mali?
Trademarks, Trade Names, Copyright and Related Rights, and GIs are the different types of IPRs protected by IPR enforcement in Mali.
What are the general IPR enforcement obligations in Mali?
The official language of the court is French; therefore, a proper translation of recorded documents and evidence is necessary for the same to be admissible in court.
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Is there any limitation period for filing an infringement action?
Which of the following IPR enforcement channels is/are available in Mali?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs
Are civil actions available for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Mali?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Mali than the ones mentioned above? If yes, then kindly explain in brief.
No
What is the approximate timeline of civil litigation related to IPR enforcement in Mali?
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Mali? If yes, then kindly give 2-3 points?
No
Is criminal prosecution available in Mali for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Yes
Which is the responsible authority in Mali corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - High Court
B) Imprisonment Term - 03 months to 03 years
C) Monetary Fine - 200,000 to 8,000,000 frank
Are there any other criminal remedies available in Mali than the ones mentioned above? If yes, then kindly explain in brief.
No
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Mali? If yes, then kindly give 2-3 points?
No
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
No, there are no alternate dispute resolution mechanisms. However, where the parties decide to resolve a dispute by resorting to ADR means, they may do so at their own accord.
Are border control measures (customs) available in Mali for the enforcement of IPRs?
No
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
No
What are the remedies available under border control measures (customs) in Mali?
N/A
Who must bear the costs of customs intervention during enforcement?
N/A
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
N/A
Which are the best practices for enforcement of IPRs in Mali?
Court proceedings
Are there any risks involved in the enforcement of IPRs in Mali? If yes, then kindly give 2-3 points.
The absence of recordal of rights as well as old laws to administer the IPR issues is one of the reasons why it is difficult to enforce IPRs in Mali. The up-gradation of IPR laws as per the current practises as well as the rigorous enforcement and awareness of intellectual property rights are much needed in the nation.
