INTELLECTUAL PROPERTY RIGHTS IN CAPE VERDE
First Renewal Term
Subsequent Renewal Term
In Cape Verde, the trademark applications must be filed with its Institute of Intellectual Property.
Multi-class trademark applications are possible upon payment of an additional class fee.
The 10th edition of Nice Classification is accepted by the trademark office.
The exclusive right to use a trademark in Cape Verde is limited to the exact configuration or way in which it was originally filed and registered. If an applicant wishes to use only the word element separately from the registered logo or vice versa, then it is highly advisable to file another trademark application only for the word or figurative elements.
Interested third parties may initiate opposition proceedings against the proposed trademark within two (02) months following its publication in the trademarks journal.
The trademark registration term is valid for ten years from the date of registration in Cape Verde, which can be further renewed indefinitely for periods of ten (10) years.
The trademark renewal can be requested during the grace period of six (06) months after the date of the expiry upon payment of the prescribed late renewal fee.
Process Patent and Product Patent are the two types of patents that can be protected in Cape Verde.
The Chapter 1 of the Industrial Property Code in Cape Verde deals with the mechanism of patent protection.
In Cape Verde, any invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.
The types of patent applications in Cape Verde include Non-Convention Application and Convention Application.
Utility Model Protection is available under the patent law.
Opposition against a patent application can be raised at the pre-grant stage. At the pre-grant stage, any third party may raise an opposition after the patent gets published, but before it is granted, which is usually within two (02) months of publication.
The patent of invention lasts for twenty (20) years in Cape Verde. The protection term of a utility model patent is six (06) years (with two further extensions of (02) years each).
The time frame for payment of Annuities before the due date is six (06) months.
The Decree-Law No. 4/2007 of 20th August (Industrial Property Code) deals with the mechanism of registration of industrial designs.
The types of industrial design applications in Cape Verde include only the Convention Application.
Utility model protection isn't provided under industrial design protection in Cape Verde.
Opposition against an industrial design application can be raised within two (02) months from the date of publication of the industrial design in the official gazette.
The total duration of an industrial design registration is twenty-five (25) years from the date of application. The initial term of registration is five (05) years, which is further extendible for equal and successive periods up to a limit of twenty-five (25) years upon payment of the renewal fee.
There is no grace period to renew an industrial design in Cape Verde.
Cape Verde is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Legislative Decree No. 1/2009 of 27 April 2009 on the Protection of Copyright and Related Rights deals with the mechanism of copyright protection in Cape Verde.
Copyright protection exists upon the creation of a literary or artistic work, and the creator doesn't need to register the work to enjoy copyright protection.
The standard copyright protection term lasts for the lifetime of the author plus fifty (50) years following his death. However, the duration of copyright protection varies depending on the type of work.