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
The registration of an industrial design is filed with the IGQPI. The scope of the protection con - ferred 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 prohibit its use by third parties without their consent, if such acts are carried out for com - mercial purposes. Generally, industrial design 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 that violation. For this purpose, the IP right-holder must prove the causal relationship between the infringement and the injury for the damages cal - culation. 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 author - ise their enjoyment, 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. Who - ever illegally violates the copyright 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 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 compen - sated 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 posthumous 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 pro - tected under the regime of industrial and intel - lectual rights. In Cabo Verde, the personal data protection leg - islation currently in force is the Constitution of the Republic of Cabo Verde and Law 133/V/2001, of 22 January. The Constitution establishes that all citizens shall be guaranteed the right to personal identity, the development of personality and civil capacity, which may only be limited by a judicial decision and in the cases and terms established in the law, and that all citizens shall have the right of access to computerised data that affects them and for the same to be rectified and updated, as well as the right to be informed about the purposes of the data, in the terms of the law. The Constitution also grants the right of habeas data to ensure knowledge of the information contained in files, computer archives and reg - isters that affects subjects, and to be informed 8. Data Protection 8.1 Applicable Regulations
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