Cape Verde adopts a new Industrial Property Code

Cape Verde has adopted a new Industrial Property Code, which came into effect on 2 June 2026. The new code aims to modernise the country’s IP legislation and align it with international and regional developments.

The most notable updates to the IP framework include:

1. Harmonisation with international and regional treaties

The new Industrial Property Code aligns Cape Verde’s IP legislation with the standards and requirements set out in key international and regional IP treaties, including the Paris Convention, TRIPS Agreement, Patent Cooperation Treaty (PCT), and ARIPO protocols.

2. Digitalisation of trade mark filing procedures

The new code provides for the electronic filing and prosecution of trade mark applications. Relevant notifications will also be issued electronically, streamlining communication with the Cape Verde Trade Mark Office.

3. Expansion of protectable forms of IP

The new code removes the strict requirement for graphic representation of non-traditional marks. As a result, marks such as colour, shape, and multimedia marks may now qualify for trade mark protection in this jurisdiction.

In addition, the code recognises trade secrets and traditional knowledge as forms of IP eligible for protection. Stronger protection is also afforded to well-known unregistered trade marks, enabling action against the use or registration of marks that aim to exploit the established reputation.

4. Abolition of the Declaration of Intention to Use

It is no longer necessary to file a Declaration of Intention to Use (DIU) when submitting a trade mark application, nor every five years thereafter, as was previously required. DIUs already filed will remain valid but will no longer have legal effect.

5. Strengthened enforcement measures

The new code enhances the protection available to trade mark owners in cases of infringement and unfair competition, and clarifies the remedies and damages available to rights holders.

Overall, the new Industrial Property Code represents a significant step forward, improving administrative procedures and strengthening the protection afforded to IP owners in Cape Verde, while bringing the country’s IP framework in line with modern standards and global trends.