Overview
Although the country was not historically part of any regional African IP organization, it became the 22nd member of the African Regional Intellectual Property Organization (ARIPO) on July 14, 2022. This membership allows applicants to designate Cape Verde in regional applications under protocols such as Harare (patents and industrial designs) and Banjul (trademarks). Its IP framework grants protection to both local and foreign applicants, ensuring a structured process for registration and enforcement. This includes distinct rules for each category of intellectual property, backed by ongoing improvements in administrative and legal measures.
International Conventions
Cape Verde is a contracting party to various global treaties that shape its IP environment. These include:
• Paris Convention
• Berne Convention
• TRIPS Agreement
• Madrid Protocol
• Banjul Protocol
• Harare Protocol
• Patent Cooperation Treaty (PCT)
IP office
Trademarks in Cape Verde are managed by IGQPI, with a multi-class application system. Each filing can encompass multiple classes of goods or services, provided the official requirements are met.
• Applicants must submit a clear representation of the trademark;
• Substantive exam evaluates distinctiveness and potential conflicts with existing trademarks.
• Registration remains valid for 10 years from the granting date, renewable for successive 10-year periods.
• Applicants must provide accurate data: name, address, and details of the goods or services for the relevant classes.
Once registered, the trademark holder enjoys exclusive rights in Cape Verde, with judicial and administrative remedies available against infringement.
Patent protection in Cape Verde is secured through an application to IGQPI. The invention must meet novelty, inventive step, and industrial applicability standards.
• A patent typically runs for 20 years from the filing date, subject to periodic maintenance fees.
• Applicants submit a full specification, claims, and related documentation describing the invention.
• An exam process checks compliance with local patentability requirements.
Upon grant, patent owners can enforce their exclusive rights within Cape Verde through civil or administrative channels if infringement arises.
IGQPI also oversees industrial design registrations in Cape Verde. These registrations safeguard the novel visual or aesthetic aspects of products.
A design is generally protected for an initial term of five years, renewable twice for a total of 25 years. Applicants must provide precise representations of the design and complete information to facilitate the exam.
• Formal drawings are required.
• Renewals enable longer protection periods.
Owners of registered designs may initiate enforcement actions in Cape Verde if their protected design is used without permission.
This information does not constitute legal advice; it is for informational purposes only.
