Cape Verde
Classification
The International Classification of Goods and Services (Nice Classification) is applied. A multi-class registration system is applicable.
Convention priority
Cape Verde is a member of the Paris Convention. An applicant for a trade mark who has applied for the same trade mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed application, provided the Cape Verde application is filed within six months of such earlier filing date.
A certified copy of the priority document with a sworn Portuguese translation is to be filed in order to claim the benefit of the priority date at the time of application.
Examination/procedure
An application is examined on formal and substantive grounds. If the mark is found to be registrable, it is published in the Official Bulletin.
Opposition
Opposition may be filed within two months following publication in the Official Bulletin. A one-month extension of the opposition term is possible with further potential extensions allowed at the discretion of the Registry.
Duration and renewal
A trade mark registration is effective for an initial period of 10 years from the date of registration and is renewable for similar periods subject to payment of the prescribed fee.
A declaration of intention (DIU) to use the mark must be filed every five years from the date of registration. The DUI requirement is waived in renewal years.
Subject matter eligible for protection
The law provides for copyright in respect of literary, artistic, and scientific works, including:
- Books, pamphlets, magazines, newspapers, and other writings
- Lectures, lessons, addresses, sermons, and similar works, both written and oral
- Dramatic and dramatico-musical works
- Musical compositions, with or without words
- Choreographic works
- Audiovisual works, including cinematographic works
- Works of art, design, and three-dimensional works of art, including architecture, painting, drawing, sculpture, illustrations, maps, sketches etc
- Photographic works
- Works of applied art or craft
- Computer programs
- Works of folklore
Derivative works are also protected as originals, including translations, adaptations, arrangements, and compilations of works and works inspired by national folklore.
Registration of copyright
There is no provision made for or requirement for registration of copyright.
Duration of copyright
Copyright generally endures for the lifetime of the author plus 50 years after their death, even if the work is published posthumously. Subject to this general rule, the law provides that the duration of copyright is different for different categories of works e.g.:
- The copyright in a photographic work endures for 25 years;
- For a computer program the period is 50 years;
- For works of joint authorship the copyright lapses 50 years after the death of the last surviving author;
- For collective works, copyright lapses 50 years after the first disclosure or publication of the work;
- The copyright in anonymous works lapses 50 years after its disclosure or publication as of 1 January of the calendar year following that in which the work was published;
- For unpublished works, the copyright will expire 25 years from the date of publication or disclosure by anyone who has legally published or disclosed such work; and
- Copyright in critical and scientific publications of works that have fallen into the public domain expires 25 years from the date of first legal publication.

Adams & Adams collaborate with Cape Verde Registry
Adams & Adams recently engaged with the Cape Verde Registry to discuss its collaboration with WIPO, proposed fee adjustments, and a new Industrial Property Code to address and overcome ongoing cha...
February 08 2024

Harare and Banjul Protocols now in force in Cape Verde
As of 14 October 2022, the Republic of Cape Verde ratified the Harare Protocol and the Banjul Protocol. This makes it the 20th contracting State of Harare Protocol and the 13th contracting State of th...
November 10 2022

Cape Verde accedes to the Madrid Protocol
The central Atlantic Island country of Cape Verde has officially acceded to the Madrid Protocol for the international registration of trade marks. The Protocol entered in force on 6 July 2022. It is n...
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