CABO VERDE Law and Practice Contributed by: Nelson Raposo Bernardo, Joana Andrade Correia, Manuel Esteves de Albuquerque and Júlio Martins Júnior, Raposo Bernardo & Associados
7.2 Trade Marks Trade marks are signs used in trade to identify prod - ucts and services, and can consist of a sign or set of signs capable of being represented graphically – ie, words (including names of people), designs, letters, numbers, sounds, and the shape of the product or its packaging. A trade mark may also consist of advertis - ing slogans for goods or services to which they refer, irrespective of copyright protection afforded to them, provided they are of distinctive character. The registration of the trade mark grants the right- holder the ownership and exclusive use of the trade mark for the products and services that the mark des - ignates. The registration of a trade mark is filed with the IGQPI. Generally, trade mark rights will be enforced and vali - dated before the First Instance Courts. Anyone who illegally violates the industrial property rights of anoth - er person, with criminal intent or by mere blame, must pay compensation to the injured party for the dam - ages resulting from the violation. For this purpose, the IP right-holder must prove the causality of the infringe - ment for the damages calculation. The injured parties can also resort to criminal courts for criminal cases. Protection lasts for ten years from the date of the respective concession and can be renewed indefi - A design shall mean 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, the lines, contours, colours, shape, texture or materials of the product itself and its ornamenta - tion. Designs that are contrary to public order, public health or morality cannot be registered. nitely for equal periods. 7.3 Industrial Designs The registration of an industrial design is filed with the IGQPI. The scope of the protection conferred by the registration shall cover all designs that do not give a different overall impression to an informed user. Registration of a design shall confer on its holder the exclusive right to use it, and shall prohibit its use by
third parties without the holder’s consent, if such acts are carried out for commercial purposes. Generally, industrial design rights will be enforced and validated before the First Instance Courts. Anyone who illegally violates the industrial property rights of another person, with criminal intent or by mere blame, must pay compensation to the injured party for the damages resulting from that violation. For this pur - pose, the IP right-holder must prove the causal rela - tionship between the infringement and the injury for the damages calculation. The injured parties can also resort to criminal courts for criminal cases. 7.4 Copyright Copyright is defined as the exclusive right of authors of literary, artistic and scientific works to enjoy, use and exploit such works or to authorise their enjoy - ment, use or exploitation by third parties, either in whole or in part. Copyright shall comprise economic rights and personal rights, with the latter being known as moral rights. As a rule, copyright is recognised regardless of registration of the work, its deposit or any other formality. Copyrighted works are enforced before the First Instance Courts. If the right-holder has their right infringed, they can request compensation. Whoever illegally violates the copyright of another person, with criminal intent or by mere blame, must pay compen - sation to the injured party for the damages resulting from the violation. For this purpose, the copyright- holder must prove the causality of the infringement for the damages calculation. The injured parties can also resort to criminal courts for criminal cases. Non-patrimonial damages may also be compensated if caused by the infringer’s acts. Generally, protection is for the lifetime of the author plus 50 years following their death, even if it is a post - humous work. The length of protection for copyright in works of photography or applied arts is 25 years after such works are produced. 7.5 Others Software, databases and trade secrets are protected under the regime of industrial and intellectual rights.
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