New IP Law in Cape Verde

Until now, it has not been possible to file trade mark applications in the former Portuguese colony of Cape Verde; there was no physical IP Office and, furthermore, it was thought that the former colonial IP legislation had been revoked, along with other laws dating from that era, after independence in 1975. Consequently, with the aim of obtaining some form of protection an informal practice evolved of publishing Cautionary Notices in local newspapers.

We are pleased to confirm that new IP legislation has been drafted, and may come into force later this year, although no firm date has been set. In anticipation, Law-Decree No. 7 was published in the Official Bulletin dated 7th April 2003, and republished in summarised form, to accommodate some amendments, on 5th May 2003. The Decree gives notice that a new IP law is under preparation and establishes a revised scale of official fees.

Meanwhile, an IP Office has already been established, and is accepting formal applications, under the provisions of a colonial law entitled "Code of Law Governing Industrial Property" No. 30679 dated 24th August 1940, and confirmed by Decree in May 1959. Contrary to general perception, this law was never revoked and is still in force. Initially, we had reservations about the validity of applications filed under this arrangement, but we have made extensive enquiries, through our local contacts, and are satisfied that applications filed at this stage, under the provisions of the 1940 Code, will be enforceable.

We are in a position to file applications straightaway, and would be pleased to receive your instructions.

The International classification system is followed, and multi-class applications are possible. However, it should be noted that additional fees are payable on each listed product/service beyond the first five.

We have established a tariff based on the official fees which have been provisionally approved by the Registry, and we envisage that our inclusive charges for filing a trade mark application will be as follows:

- First class (up to 5 listed products/services) £488.00
- Second and each additional class (up to 5 listed products/services) £190.00
- Each additional listed product/service £25.00
- Claiming Convention priority (per application) £92.00
- Registration fee £209.00

 

Each application must be supported by a notarised power of attorney (which may be filed later), and a suitable form will be supplied upon request.

Should you/your clients wish to proceed with the filing of an application, or should you have any further questions, then please contact Spoor & Fisher Jersey.

Click here for Cape Verde Filing Requirements

Mike Sevant

Spoor & Fisher

Date published: 2006/11/01
Author: Mike Sevant

Tags: ip law cape verde legislation