Cape Verde becomes a member of WTO

Cape Verde became a Member of the World Trade Organization (WTO) on 23 July 2008. Even though Cape Verde is not party to the PCT or the Paris Convention, in terms of PCT Rule 4.10(a) it is possible to claim priority in an international application from one or more earlier applications filed in any country party to the Paris Convention for the Protection of Industrial Property or in any Member of the World Trade Organization that is not party to the Paris Convention.

For nearly thirty years from independence in 1975 there was no effective industrial property legislation. An informal practice evolved of publishing Cautionary Notices in local newspapers in relation to trademarks. That device was not adopted, however, for patents or other intellectual property rights.

More recently and as reported on this site in November 2006, a Portuguese Code of 1940 was revived and an IP Office was established, which enabled applications to be filed in preparation for the implementation of a new law. Few patent applications if any were filed under that system but it was used for trademark applications.

Finally the new legislation, Decree-Law No. 4-2007, came into effect in August 2007. It provides for the protection of patents, trademarks, utility models, topographies of integrated circuits, designs/models, commercial names and insignia, business logos, appellations of origin and geographical indications and recognizes applications filed under the repealed 1940 Code, including such patent applications as had been submitted.

Click here for further information on Cape Verde trade marks. The site is currently under review so far as it refers to patents.

Craig Kahn

Spoor & Fisher

Date published: 2008/09/05
Author: Craig Kahn

Tags: cape verde wto industrial property