Cape Verde approves new Industrial Property Code‍‍

Written By Richard Stilwell

‍Cape Verde has enacted a new Industrial Property Code, which will enter into force on 02 June 2026. Legislative Decree No. 2/2025 of 2 December 2025 will supersede the 2007 Code and brings the national IP system in line with major international mechanisms following Cape Verde’s accession to key WIPO and ARIPO instruments.

‍The new Code comprises measures designed to modernise procedures, broaden protection for innovators and creators, and strengthen enforcement mechanisms.

‍ The main changes are summarised below:

‍1.      Alignment with international and regional treaties‍ ‍

The new Code formally aligns Cape Verde’s legal framework with its international commitments, in particular:‍ ‍

  • the Paris Convention;

  • the TRIPS Agreement;

  • the Patent Cooperation Treaty (PCT);

  • the Madrid System for the international registration of trade marks;

  • regional instruments of ARIPO.

2.      Digitalisation of procedures

All applications, notifications and procedural steps will be undertaken electronically, streamlining interactions with the IP Office and improving overall efficiency.

3.      Stronger protection for well-known trade marks

Recognition of well‑known marks existed under the 2007 law but was relatively underdeveloped. The new law provides a stronger basis for trade mark owners to prevent registration or use of later marks that take unfair advantage of reputation, dilute distinctiveness or cause reputational harm. 

4.      Protection for unregistered designs

Cape Verde will offer automatic protection for unregistered designs for a period of three years from their first disclosure in Cape Verde.

5.      Plant variety protection

The new Code introduces a new regime for the protection of plant varieties. Rights last 25 years, or 30 years for vine varieties and tree species.

6.      Protection of non-traditional trade marks

The new Code enables the protection of non‑traditional marks such as multimedia, sound, motion and hologram marks by removing the requirement for graphic representation.

7.      Removal of declaration of intent to use requirement

Whilst confirmation through implementing regulations is still awaited, we understand from discussions with the IP Office that the requirement to file Declarations of Intention to Use (DIUs) will be abolished under the new Code. The current system remains applicable until 02 June 2026.

8. Anticipated change to trade mark term calculations

Historically, the 10‑year trade mark term has run from the registration date, not the filing date.

It is anticipated that the new Code may introduce a shift to the term running from the filing date, aligning Cape Verde with the majority of other jurisdictions.  Again, this change requires confirmation from implementing regulations.

Should you wish to receive a copy of the new law, or require any assistance with IP matters in Cape Verde, please reach out to your usual Lysaght contact or email us at admin@lysaght.co.uk. ‍

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Richard Stilwell

Richard is a Chartered Trade Mark Attorney and manager in the Patents and Design department.  He is responsible for overseeing and managing the day-to-day operations of the department, as well as being part of operational working groups to develop and enhance internal policies and procedures. Richard graduated from the University of Leeds in 2012 with a Master’s degree (with Distinction) in Medicinal Chemistry, which included a placement year with a major U.K. pharmaceutical company. He joined Lysaght in 2015 and has worked in the IP industry for over ten years. In 2016 Richard was awarded the Postgraduate Certificate in Intellectual Property (with Distinction) from Bournemouth University, and he became a Chartered Trade Mark Attorney in 2018. He adds a considerable skill set to the company, where he is responsible for a wide-ranging portfolio, particularly for patent cases in the Caribbean and Middle East.  In his dual role, Richard also handles prosecution and contentious matters within the trade mark department in several complex jurisdictions.

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