Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-9 | Issue-05 | 143-154
Review Article
Digitalization and the Justiciability of Industrial Design Rights under Annex IV of the Bangui Agreement
Ndiwum Elvin Fuwain, Dashaco John Tambutoh, Fon Fielding Forsuh
Published : May 16, 2026
Abstract
Modern technology and digitalization have not merely reshaped the landscape of industrial design protection and the enhancement of justice under Annex IV of the Bangui Agreement; they have redefined the very conditions under which design rights can be asserted, challenged, and judicially enforced. As modern creative arts have migrated into virtual spaces, so has infringement become instantaneous and borderless, and as evidence increasingly takes digital form, the Justiciability of industrial design rights stands at a crossroads. This raises questions about the validity of design registrations, cross-border enforcement, and the evidentiary standards for proving infringement, which are central to determining whether a design dispute is suitable for judicial resolution. In response to these concerns, this paper examines the effectiveness of Annex IV in providing justiciable grounds for design owners to bring claims before adjudication bodies. Employing a doctrinal research method, it concludes that the Justiciability of industrial design rights is significantly challenged by technological advancements. This is because it is difficult to identify online infringers, secure digital evidence, and expedite action in cross-border online marketplaces, which allow counterfeiters to reach consumers quickly. It recommends, inter alia, recalibrating Annex IV to include modalities for digital filing, adopting a new substantive approach to examining designs during registration, strengthening inter-agency cooperation, training judicial personnel in forensic evidence, and ensuring legislative alignment with other regional and international standards.