Membership of International Conventions:
- WIPO (from 7 July 1997)
- Cape Verde is not a member of the Paris Convention but the Industrial Property Code provides for priority to be claimed and such claims are recognised in practice.
Types of Designs available:
- Industrial Designs
Industrial designs may be filed for original and new designs of distinctive character.
A design is new if, before the respective application for registration or priority claim, no identical design has been disclosed to the public in Cape Verde or abroad.
A design is considered to have been disclosed to the public if it has been published following registration, or in any other circumstance, presented at an exhibition, used in trade or made known in any other way, except if these facts could not reasonably have come to the knowledge of persons operating in Cape Verde and skilled in the art in question in the course of their normal activity, before the date of the registration application or priority claim.
An industrial design shall, however, not be considered disclosed to the public by the simple fact of being made known to a third party in explicit or implicit confidence.
A design to be registered shall not be considered to have been disclosed if it has been disclosed to the public:
- by the creator or his successor or by a third party following information provided or measures taken by the creator or his successor;
- in the twelve months preceding the date of filing of a registration application or, if priority is claimed, the date of priority.
A design to be registered shall not be considered to have been disclosed if it has been disclosed to the public as a result of an abuse regarding the creator or his successor.
An applicant for registration of a design who has exhibited products in which the design was incorporated, may, if he files the application within six months of the date of the first exhibition of these products, claim a priority right. These provisions apply to a design to which it was applied, was exhibited at an official or officially recognised international exhibition falling within the scope of the Conventions relating to International Exhibitions to which Cape Verde is party.
A design shall be considered to be distinctive if the overall impression that it gives to an informed user differs from the overall impression caused to that user by any design made public prior to the date of the registration application or priority claim.
Designs shall be considered identical if their specific characteristics differ only in terms of insignificant details.
Designs which, whilst not being entirely new, involve novel combinations of known elements or a different layout of elements already used, in such a way as to endow the respective subject matter with a distinctive character shall also enjoy legal protection.
The same applicant may, before the disclosure of the design, request the registration of other designs which differ from that originally submitted only in terms of insignificant details.
An industrial design applied to or incorporated in a product constituting a component of a complex product shall be considered novel and distinctive in character if cumulatively:
- If it can reasonably be expected that even after being incorporated in the complex product, it will continue to be visible during the normal use of the product (normal use shall be understood as use by the end user, to the exclusion of acts of conservation, maintenance or repair);
- The visible characteristics of that component meet the requirements of novelty and distinctiveness
Industrial design means the ornament or aesthetic aspect of an article, including the appearance of the whole, or part, of a product resulting from the features of, in particular, lines, contours, colours, shape, texture or materials, of the product itself and its ornamentation.
Product means any industrial or handicraft article, including inter alia, the components for the assembly of a complex product, packaging, presentation elements, graphic symbols and typographic characters, but excluding computer software. Complex product means any product made up of multiple components that can be removed from it for the purpose of stripping it and of being put back in for the purpose of reassembly.
Designs which are contrary to public order, public health or morality may not be registered.
The following are not be protected by registration:
- The visible characteristics of a product which are determined, exclusively, by its technical function;
- The visible characteristics of a product that must necessarily be reproduced in their exact form and dimensions, so that the product in which the design is incorporated, or to which it is applied, be it mechanically linked to the other product, or be it inserted within, around or against that other product, in such a way that both may perform their function.
Designs comprising several essential parts to form a whole must be included in a single registration.
A single registration may include designs which share the same preponderant distinctive characteristics, up to a limit of ten, in order to constitute a set of interrelated objects, in terms of their purpose or application.
- Power of Attorney (notarised) (can be late filed, within one month).
- Drawings, photographs of the industrial design (required on the day of filing).
- An indication of the products in which the design is intended to be applied or incorporated.
- A brief description in Portuguese of the elements which appear in the representations of the design or the sample submitted, excluding references to the possible novely, the distinct or the technical value of the design.
- Certified copy of priority document, if priority claimed, with verified Portuguese translation (can be late filed within three months from filing).
- Assignment (can be late filed, within one month).
Deferred publication may be requested. On filing an application to register a design, the applicant may request that its publication be postponed for no more than thirty months as of the date of filing of the application or priority claimed.
Duration and Renewal:
The duration of registration is five years as of the date of application and it may be renewed for equal and successive periods up to a limit of twenty-five years.