Geographical Indications Law in São Tomé and Príncipe
São Tomé and Príncipe has established a legal framework for the protection of Geographical Indications (GIs), combining national legislation with international agreements to safeguard products linked to its unique geographical origin.
🇸🇹 National Legal Framework
The primary legislation governing GIs in São Tomé and Príncipe is the Industrial Property Code, specifically Articles 253 to 262, complemented by Decree-Law No. 21/2015. This framework provides a sui generis system for the protection of GIs and Appellations of Origin (AOs), distinct from trademark laws.(Inventa)
Key Features:
Definitions:
Indication of Source: A sign indicating that a product or service originates from a specific country, region, or place.
Denomination of Origin: A geographical name used to designate a product whose qualities or characteristics are exclusively or essentially due to the geographical environment, including natural and human factors.(WIPO)
Protection Mechanisms:
Prohibits the unauthorized use of indications of source and denominations of origin that are false or misleading.
Grants exclusive rights to registered GIs and AOs, allowing holders to prevent misuse and ensure authenticity.(WIPO)
🌐 International Commitments
São Tomé and Príncipe is a member of the World Trade Organization (WTO) and adheres to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which mandates minimum standards for GI protection.
In addition, the country acceded to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications on August 2, 2023, with the agreement entering into force on November 2, 2023. This accession allows São Tomé and Príncipe to protect its GIs internationally through a single registration with the World Intellectual Property Organization (WIPO), facilitating broader recognition and enforcement. (Country Index, Inventa)
🍫 Notable GI Registration: "Cacau de São Tomé"
On October 12, 2023, São Tomé and Príncipe registered its first GI, "Cacau de São Tomé", under application number ST/IG202101. This registration was the result of collaboration between national cocoa producers, the government, and WIPO. The cocoa from São Tomé and Príncipe is renowned for its quality and is recognized by the International Cocoa Organization as one of the world's "fine" or "aromatic" cocoas. (Inventa)
🛡️ Enforcement and Benefits
Enforcement:
Registered GIs and AOs are protected against unauthorized use, imitation, or any practice that may mislead consumers regarding the true origin of the product.
Legal actions can be initiated to prevent and address infringements, ensuring that only authorized producers within the designated geographical area can use the protected names.
Benefits:
Economic Development: GI protection can enhance the market value of local products, leading to increased income for producers and contributing to rural development.
Cultural Preservation: Safeguarding traditional knowledge and production methods associated with specific regions.
Consumer Trust: Assures consumers of the authenticity and quality of products bearing the GI label.(Inventa)
📋 Summary Table
| Aspect | Details |
|---|---|
| National GI Law | Industrial Property Code (Articles 253–262), Decree-Law No. 21/2015 |
| International Agreements | WTO/TRIPS, Geneva Act of the Lisbon Agreement (since Nov 2, 2023) |
| First Registered GI | "Cacau de São Tomé" (Oct 12, 2023) |
| Protection Mechanism | Sui generis system, distinct from trademarks |
| Enforcement | Legal actions against unauthorized use and misrepresentation |
| Benefits | Economic development, cultural preservation, consumer trust |
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