The work first proposes to submit to analysis, the idea according to which the standardization of law in general and, especially, the advanced standardization of intellectual property law in OAPI (African intellectual property organization) eliminate the problem of conflict of laws. The results of this analysis, however, allow us to note the persistence of such conflicts within this space., even if uniform law does not fail to influence its configuration.

The study then undertakes the research and proposal of solutions adapted to the problems identified. So, through a renewed approach to private international law applied to intellectual property, the proposed solutions take into account the objectives of the standardization undertaking and the impact of the institutional context of the regional protection of these rights. They are also based on the international commitments of OAPI member states.. Moreover, the research incorporates the resources of comparative private international law, in particular with the law of the European Union and that of the Organization for the Harmonization of Business Law in Africa (OHADA club). On the one hand, this research made it possible to propose a theoretical framework for analyzing the relationships between uniform intellectual property law and conflicts of law. On the other hand, it results in the development of rules for resolving conflicts of jurisdiction and conflicts of law based on the specific interests that private international law seeks to serve.

This work has been awarded the following prizes:

Thesis prize 2022 of the French Branch of the International Law Association / International Law Association (ADI/ILA)

Thesis prize 2022 of the Association of High Courts of Cassation sharing the use of French (AHJUCAF, French-speaking supreme judicial courts)

Falilou DIOP is a lecturer in private law and criminal sciences at Jean Moulin Lyon University. 3, Member of the Research Center on Private International Law (CREDIP) and the European and Comparative International Law Team (EDIEC EA-4185)

Author contact: faliloudiop3@gmail.com