São Tomé and Principe is a member of the Paris Convention and the Madrid Protocol.

The Industrial Property Law of São Tomé and Principe is silent on whether recognition is given to trade mark applications which are filed in terms of the Madrid Protocol which designate this country. It would appear, however, from the context of the provision in the Industrial Property Law which recognises and gives effect to São Tomé and Principe’s treaty obligations, that there was an intention to implement these treaties.

Applications may be filed as national applications and, in appropriate circumstances, claiming convention priority in terms of the Paris Convention. International applications filed in terms of the Madrid Protocol may also designate São Tomé and Principe.

Provision is made for the registration of trade marks for goods and for services, and for collective marks.

No express provision is made for defensive marks.

Types of trademark registrable

Service marks are registrable. Multi class applications are acceptable. There are provisions for the registration of COLLECTIVE MARKS. There are no provisions for the registration of DEFENSIVE MARKS or SERIES MARKS.

Documents required for trademark registration

1. Copy of power of attorney, simply signed.
2. 15 prints of the mark.
3. Priority document (if applicable), with verified Portuguese translation.

Renewals

Trademarks are valid for an initial period of 10 years. Renewal every 10 years

Documents required for renewals

Copy of power of attorney, simply signed.

Documents required for assignments/mergers

1. Copy of power of attorney, simply signed.
2. Deed of Assignment or other instrument of title, notarized with verified Portuguese translation.

Document required for change of name

1. Copy of power of attorney, simply signed.
2. Certificate of Change of Name, with verified Portuguese translation.

Documents required for change of address

Simple copy of the Certificate of Registration. Copy of power of attorney, simply signed.

Documents required for licenses/registered users

1. Copy of power of attorney, simply signed.
2. License Agreement, with verified Portuguese translation.

São Tomé and Principe is a member of the Paris Convention and the PCT.

Patent protection is available via a national filing.

Although São Tomé and Principe is a member of the PCT, the national laws have not yet been amended to cater for the PCT. Accordingly, it is not clear whether enforceable rights will be obtained via PCT national phase filings in São Tomé. The Law does contain a general provision to the effect that the provisions of any international treaty concerning IP to which São Tomé and Principe is a party, are applicable and supersede national law. This provision provides a basis for PCT applications.

Filing Requirements

Registry practice has not yet been established. The following information will be updated from time to time as more information becomes available.

National Phase PCT Application

At present, we advise applicants to lodge the same documents as for a non-PCT application, plus the following:

1. Copy of International Publication
2. Copy of International Search report
3. Copy of International Preliminary Report on Patentability

Patent of Invention

1. Power of Attorney (can be late filed).
2. Specification, claims and abstract in Portuguese (required on the day of filing).
3. Formal drawings, if applicable, (required on the day of filing).
4. Assignment of Invention (can be late filed).
5. Priority document with verified Portuguese translation of the covering page (can be late filed).

Duration and Renewal

The term of a patent is twenty years from the filing date. Renewal fees fall due annually from the first anniversary of the filing date.

São Tomé and Principe is a member of the Paris Convention and the Hague Agreement.

Although São Tomé and Principe has acceded to the Hague Agreement, the national law has not yet been amended to provide for international applications designating São Tomé. Accordingly, it is not clear whether enforceable rights can be obtained in that manner. The Law does contain a general provision to the effect that the provisions of any international treaty concerning IP to which São Tomé and Principe is a party, are applicable and supersede national law.

Design protection is available by way of a national filing.

Filing Requirements

1. Power of Attorney
2. Drawings or photographs that adequately represent the subject matter of the industrial design
3. An indication of the kind of products for which the industrial design is to be used.
4. Certified copy of priority document, if priority claimed, with verified Portuguese translation).
5. Assignment document

Duration and Renewal

Design registration is valid for an initial term of five years from the filing date, which is renewable upon payment of the required fees for two further terms of five years each. A grace period of six months is provided for late payment of renewal fees

São Tomé and Principe is not a member of the Berne Convention.

In São Tomé and Principe, a law was passed in 1966 establishing the Code on Copyright. However, an English version of this law could not be obtained, and it is not clear whether the law has in fact been implemented. As indicated above, São Tomé and Principe has not yet acceded to the Berne Convention. Accordingly, no commentary on copyright could be given at the time of writing.