Geographical Indications Law in Angola
Angola's legal framework for protecting Geographical Indications (GIs) is primarily established under Law No. 3/92 of February 28, 1992, concerning Industrial Property. This law encompasses various intellectual property rights, including patents, utility models, industrial designs, trademarks, trade names, undisclosed information (trade secrets), and notably, geographical indications
Key Provisions of Law No. 3/92 Regarding GIs
While the law does not provide a detailed sui generis system for GIs, it allows for their protection under the general framework for industrial property. This means that GIs can be registered and protected as collective or certification marks, provided they meet the criteria set forth for trademarks. The law also prohibits the registration of marks that contain false indications or are likely to mislead the public, including those concerning geographical origin .
Regulatory Oversight
The Geographical and Cadastral Institute of Angola (IGCA), established by Presidential Decree No. 115/21 of May 4, 2021, plays a significant role in the regulation and execution of policies related to geographic and cadastral domains. The IGCA is responsible for tasks such as defining national geodetic systems, promoting cartographic coverage, and overseeing land registry processes . While its primary focus is on geographic and cadastral matters, the IGCA's functions intersect with the protection of GIs, especially in terms of defining and managing geographic data relevant to GI registration
International Treaties and Regional Cooperation
Angola is a member of the World Intellectual Property Organization (WIPO) and has acceded to several international treaties, including the Paris Convention for the Protection of Industrial Property. However, Angola is not currently a member of regional organizations such as the African Regional Intellectual Property Organization (ARIPO) or the Organisation Africaine de la Propriété Intellectuelle (OAPI), which have established frameworks for the protection of GIs in their member states .
Practical Considerations
In practice, the protection of GIs in Angola may require navigating both national laws and international frameworks. Entities seeking to register a GI should ensure that their applications comply with the general provisions for trademarks under Law No. 3/92 and consider the geographical and cadastral data managed by the IGCA. Additionally, staying informed about Angola's participation in international treaties and regional agreements is crucial for understanding the broader context of GI protection.
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