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INTELLECTUAL PROPERTY RIGHTS IN SAO TOME & PRINCIPE

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Opposition Term

90 days

Registration Term

10 Years

First Renewal Term

10 Years

Subsequent Renewal Term

10 Years

  • Sao Tome and Principe is a member of the African Regional Industrial Property Organization (ARIPO) and a signatory to the Banjul Protocol.

  • A trademark application can be filed either directly through the Industrial Property National Service (SENAPI) of Sao Tome and Principe or ARIPO.

  • Sao Tome and Principe is also a member of the Madrid Protocol; thus, the extension of international registration of a trademark via the Madrid System is possible for the country and its applicants.

  • Multi-class trademark applications are allowed upon payment of an additional class fee.

  • The 10th edition of Nice Classification is accepted by the trademark office.

  • The interested third parties may file opposition actions against a trademark application within three (03) months following its publication date in the Industrial Property Bulletin.

  • The registered trademarks have a validity of ten (10) years from the date of registration in Sao Tome and Principe, which can be further renewed indefinitely for periods of ten (10) years.

  • Sao Tome & Principe is a member of the Paris Convention, Patent Cooperation Treaty (PCT), and ARIPO.

  • The INTELLECTUAL PROPERTY LAW (Law no. 4 /2001, of 31 December 2001) deals with the mechanism of patent protection.

  • Process Patent and Product Patent are the two types of patents that can be protected in Sao Tome & Principe.

  • In Sao Tome & Principe, any invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.

  • The types of patent applications in Sao Tome & Principe include Non-Convention Application, Convention Application, PCT National Phase Application, and Divisional Application.

  • Utility Model Protection is not available under the patent law.

  • The time-period for the PCT National Phase Filing is thirty (30) months.

  • Opposition against a patent application can't be raised in Sao Tome & Principe.

  • The patent of invention lasts for twenty (20) years in Sao Tome & Principe.

  • The time frame for payment of Annuities before the due date is six (06) months.

  • Sao Tome & Principe is a member of the Paris Convention, ARIPO, and Hague Agreement.

  • The Intellectual Property Law (Law no. 4 /2001, of 31 December 2001) deals with the mechanism of registration of industrial designs.

  • The types of industrial design applications in Sao Tome & Principe include Non-Convention Application and Convention Application.

  • Utility model protection isn't provided under industrial design protection in Sao Tome & Principe.

  • Opposition against an industrial design application can't be raised in Sao Tome & Principe.

  • The total duration of an industrial design registration is fifteen (15) years from the date of application. The initial term of registration is five (05) years, which is further extendible for two terms of (05) five years each upon payment of the renewal fee.

  • There is a grace period of six (06) months to renew an industrial design in Sao Tome & Principe.

  • Sao Tome & Principe is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.

  • The Decree-Law 02/2017,deals with the mechanism of copyright protection in Sao Tome & Principe.

  • The standard copyright protection term lasts for the lifetime of the author plus seventy (70) years following his death. However, the duration of copyright protection varies depending on the type of work.

  • For collective and anonymous works, the term of copyright protection lasts for seventy (70) years from the date of first disclosure or publication.