JEE Africa IP Practice: Cape Verde Islands

Cape Verde is not a member of the Paris Convention, but is a member of the WTO/TRIPS.

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

The International classification system is applicable.
Types of Trademarks registrable
Service marks are registrable. Collective marks, certification marks. Multi class applications are acceptable

International and Regional arrangements

None

Documents required for trademark registration

1. Power of attorney incorporating a Portuguese translation, notarized and legalized up to the Cape Verde Embassy

2. Prints of the mark

3. Specification of goods

4. Full details of the applicant

5. Certified copy of registration certificate in applicant’s home country

Renewals
A trade mark registration is effective for an initial period of 10 years from the date of grant, and is renewable for similar periods subject to payment of the prescribed fee.

A declaration of intention to use the mark must be filed every five years from the date of registration.

Documents required for Assignments/Mergers
Power of Attorney, notarized.
Deed of Assignment or other instrument of title, notarized, with verified Portuguese translation.

Recordal for Change of Name
Power of Attorney, notarized.
Certificate of Change of Name, notarized, with verified Portuguese translation.

Recordal for Change of Address
Power of Attorney, notarized.

Documents required for licenses/registered users
Power of Attorney, notarized.
License Agreement, notarized, with verified Portuguese translation.

Cape Verde is neither a member of the Paris Convention nor of the PCT, but is a member of the WTO/TRIPS. Patent protection for an invention is available via a national filing.

Filing Requirements

Patents of Invention
Power of Attorney (notarized) (can be late filed, no set deadline)
Specification, claims and abstract in Portuguese (required on the day of filing)
Formal drawings, if applicable (required on the day of filing)
Assignment of Invention (can be late filed, no set deadline)
Priority document with verified Portuguese translation (can be late filed within three months)

Duration
The term of a patent is twenty years from the filing date.

Renewal
Renewal fees fall due annually commencing on the first anniversary of the filing date.

Cape Verde is not a member of the Paris Convention; it is a member of the WTO/TRIPS. Design protection is available by way of a national filing.

Filing Requirements

1. Power of Attorney (notarized) (can be late filed, within one month).

2. Drawings, photographs of the industrial design (required on the day of filing).

3. An indication of the products in which the design is intended to be applied or incorporated.

4. A brief description in Portuguese of the elements which appear in the representations of the design or the sample submitted, excluding references to the possible novelty, the distinct or the technical value of the design.

5. Certified copy of priority document, if priority claimed, with verified Portuguese translation (can be late filed within three months from filing).

6. Assignment (can be late filed, within one month).

Duration and Renewal:
The duration of registration is five years as of the date of application and it may be renewed for equal and successive periods up to a limit of twenty-five years.

Cape Verde is a member of the Berne Convention and the Rome Convention, and of the WTO/TRIPS.

The law provides for copyright in respect of literary, artistic and scientific works, including:

• books, pamphlets, magazines

• lectures, addresses, sermons

• dramatic and dramatico-musical works

• musical works

• choreographic works, pantomimes

• audiovisual works

• works of art, architecture, painting, drawing, sculpture, etc

• photographic works

• works of applied art or craft

• computer programs

• works of folklore

• translations, adaptations, arrangements of works.

Excluded from protection are:

• daily news

• laws and decisions by courts or administrative bodies.

Filing Requirements

1. Power of Attorney (notarized) (can be late filed, within one month).

2. Drawings, photographs of the industrial design (required on the day of filing).

3. An indication of the products in which the design is intended to be applied or incorporated.

4. A brief description in Portuguese of the elements which appear in the representations of the design or the sample submitted, excluding references to the possible novelty, the distinct or the technical value of the design.

5. Certified copy of priority document, if priority claimed, with verified Portuguese translation (can be late filed within three months from filing).

6. Assignment (can be late filed, within one month).

Duration and Renewal:
The duration of registration is five years as of the date of application and it may be renewed for equal and successive periods up to a limit of twenty-five years.