The new Industrial Property Code introduced by Legislative Decree No. 2/2025 came into effect in Cape Verde on 2 June 2026, bringing significant reforms to the country's intellectual property framework.

Trade Marks

One of the key changes is the abolition of Declarations of Intention to Use (DIUs). From 2 June 2026 onwards, the Intellectual Property Office no longer requires or accepts these filings.

Trade mark registrations now remain valid for ten years calculated from the filing date of the application, rather than the registration date. The revised term applies to both pending and new applications, while marks registered before 2 June 2026 continue to follow the previous renewal system.

The grace period allowed for late renewal has increased from 60 days to six months. In addition, the Code removes the obligation for trade marks to be graphically represented, allowing protection to a broader range of non-traditional marks, provided they are clearly and accurately defined.

Trade mark prosecution procedures have been streamlined through enhanced digitalisation and simplified administrative processes.

Patents

The patent framework has been updated to better reflect international practices and filing mechanisms, including greater alignment with the Patent Cooperation Treaty (PCT).

Annual maintenance fees are now payable starting from the third year of protection, rather than the first.

Applicants are afforded a six-month grace period for late payment of annuities. Furthermore, the new legislation provides additional guidance on patentable subject matter, including biotechnology inventions and computer-related inventions that provide a technical solution or effect.

Industrial Designs

For the first time, the revised legislation introduces protection for unregistered industrial designs. Qualifying designs now receive automatic protection for three years from the date they are first made available to the public.

Furthermore, the provisions governing registered designs have been updated to align with international standards and practices, while design application procedures have also been streamlined through greater use of electronic filing systems.

Additional developments

The new Code also enhances protection for confidential business information and trade secrets and acknowledges and protects plant varieties and traditional knowledge. It also strengthens measures aimed at combating unfair competition, and improves the mechanisms available for enforcing intellectual property rights.