Intellectual Property Laws at São Tomé and Príncipe
São Tomé and Príncipe has a comprehensive legal framework for intellectual property (IP) protection, encompassing industrial property, copyrights, and geographical indications.
📘 Key IP Legislation
1. **Industrial Property Code (Decree-Law No. 23/2016)**This code governs patents, utility models, industrial designs, trademarks, trade names, logos, and semiconductor topographies It aligns closely with Portuguese IP law, introducing provisions for
-Recognition of regional (ARIPO) and international (PCT, Madrid Protocol) patents and trademarks -Compulsory licensing for non-exploitation or public interest -Protection of well-known marks -Administrative procedures for annulment, nullity, and revalidation of expired rights -Criminal sanctions for IP violations
2. **Copyright Code (Decree-Law No. 2/2017)**This code protects literary, artistic, and scientific works, granting authors both moral and economic rights Protection is automatic upon creation, without the need for registration
3. Geographical Indications and Appellations of Origin Protected under Decree-Laws No. 21/2015 and No. 36/2014, these laws safeguard products linked to specific regions, ensuring authenticity and quality In August 2023, São Tomé and Príncipe acceded to the Geneva Act of the Lisbon Agreement, enhancing international protection for these designations
🏛️ IP Institutions
*SENAPIQ-STP (National Industrial Property Service): Responsible for processing applications and managing IP right.
*National Quality Council: Oversees the implementation of quality standards, including those related to geographical indication.
🌐 International Treaties
São Tomé and Príncipe is a member of the World Intellectual Property Organization (WIPO) and has acceded to several international treaties, including:- Paris Convention for the Protection of Industrial Property- Patent Cooperation Treaty (PT)- Madrid Protocol for the International Registration of Maks- Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications
⚖️ Enforcement and Legal Action
IP rights in São Tomé and Príncipe are enforceable through civil and administrative action The courts handle disputes related to infringement, and administrative bodies can annul or invalidate IP rights under specific conditions.
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