Overview
São Tomé and Príncipe protects trademarks, patents, and industrial designs under national legislation and is also a member of the African Regional Intellectual Property Organization (ARIPO). The country acceded to the Harare Protocol on Patents and Industrial Designs on May 19, 2014, and to the Banjul Protocol on Marks on November 27, 2015, which entered into force on February 27, 2016. This allows applicants to seek protection for these rights either directly through the national system or via ARIPO by designating São Tomé and Príncipe in their applications.
The national intellectual property office, Serviço Nacional da Propriedade Intelectual e da Qualidade (SENAPIQ-STP), oversees IP filings and enforcement within the country. Over the years, São Tomé and Príncipe has taken steps to update its IP framework in alignment with global norms. Both local and foreign applicants can pursue registration and legal remedies in the event of infringement through judicial and administrative routes established in the country.
International Conventions
Sao Tome and Principe is party to certain international treaties that guide its IP framework, such as:
- Paris Convention
- Berne Convention
- TRIPS Agreement
- Patent Cooperation Treaty (PCT).
IP office
Trademarks in São Tomé and Príncipe are filed under a multi-class application system, meaning a single application can cover multiple classes of goods or services.
Applicants must submit a clear representation of the trademark and settle the appropriate fees.
A substantive exam is conducted to ensure the trademark meets distinctiveness criteria and does not clash with earlier rights.
Registrations are valid for 10 years from the filing date, renewable for further 10-year periods.
Applicant details (name, address) and a description of goods and services must be accurately provided.
Once granted, a trademark confers exclusive rights in São Tomé and Príncipe, with legal recourse available should unauthorized usage be identified.
Patent protection is attainable by filing directly under São Tomé and Príncipe’s national framework. Patentable inventions must demonstrate novelty, inventive step, and industrial applicability.
The standard patent term is 20 years from the filing date, subject to yearly maintenance fees.
Applicants submit a specification, claims, and relevant documentation describing the invention thoroughly.
As São Tomé and Príncipeis a PCT contracting state, foreign applicants may enter the national phase after an international filing.
A substantive examination ensures eligibility under local patent criteria.
Upon grant, the patent holder gains exclusive rights to exploit the invention in São Tomé and Príncipe, with potential legal actions to address infringement.
Industrial design protection in São Tomé and Príncipe covers the ornamental or aesthetic characteristics. Applications proceed through the same national IP office.
Applicants must submit representations or drawings of the design and pay the prescribed fees.
Protection typically lasts for an initial term of 5 years, renewable for a period of 5 years up to 20 years.
Applicant information must be current and comprehensive, ensuring a valid registration.
Final registration endows the design owner with exclusive rights to prevent unauthorized production and commercialization of products mirroring or closely imitating the design in São Tomé and Príncipe.
