CABO VERDE LAW AND PRACTICE Contributed by: Nelson Raposo Bernardo, Joana Andrade Correia, Manuel Esteves de Albuquerque and Mafalda Contumélias Batista, Raposo Bernardo & Associado s
7. Intellectual Property 7.1 Patents
ed graphically – ie, words (including names of people), designs, letters, numbers, sounds, the shape of the product or its packaging. A trade mark may also consist of advertising slogans for goods or services to which they refer, irrespec - tive 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 designates. The registration of a trade mark is filed with the IGQPI. Generally, trade mark rights will be enforced and validated before the First Instance Courts. Whoever 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 the violation. For this purpose, the IP right-holder must prove the causality of the infringement 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 indefinitely renewed for equal periods. 7.3 Industrial Design 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 prod - uct itself and its ornamentation. Designs that are contrary to public order, public health or morality cannot be registered.
A patent is an exclusive right that can be granted to any type of invention in any field of technology, whether it is a product or a process, or to new processes for obtaining products, substances or compounds that already exist. There are three patentability requirements in the Industrial Prop - erty Code: novelty, inventive step and industrial application. A patent shall confer the exclusive right to use the invention anywhere in the national territory, and shall also confer on its owner the right to prevent third parties from manufacturing, offer - ing, stocking, trading or using the product that is the subject of the patent without their consent, and from importing or holding it for any of these purposes. The registration of a patent is filed with the Institute of Quality Management and Intellectual Property (IGQPI). Generally, patent rights will be enforced and vali - dated before the First Instance Courts. Whoever 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 the viola - tion. For this purpose, the IP right-holder must prove the causality of the infringement for the damages calculation. The injured parties can also resort to criminal courts for criminal cases. The length of protection is 20 years. 7.2 Trade Marks Trade marks are signs used in trade to identify products and services, and can consist of a sign or set of signs capable of being represent -
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