Geographical Indications Law in Cape Verde
Cape Verde has established a comprehensive legal framework for the protection of Geographical Indications (GIs) through its Industrial Property Code, enacted by Decree-Law No. 4/2007 on August 20, 2007. This code includes specific provisions for GIs, covering both Appellations of Origin and Geographical Indications. Notably, Cape Verde has also joined the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, effective from July 6, 2022, enhancing international protection for its GIs .
๐๏ธ Legal Framework
Industrial Property Code (Decree-Law No. 4/2007): This code provides the legal basis for the protection of industrial property rights in Cape Verde, including GIs. It outlines the procedures for registration, the rights conferred, and the enforcement mechanisms for GIs .
Geneva Act of the Lisbon Agreement: By acceding to this international treaty, Cape Verde has committed to providing enhanced protection for GIs, facilitating easier and more effective registration of its GIs in other member countries .
๐ Registration Process
The registration of GIs in Cape Verde involves the following steps:
Application Submission: Producers or associations must submit an application to the Instituto de Gestรฃo da Qualidade e Propriedade Intelectual (IGQPI), the national intellectual property office.
Product Specification: The application must include a detailed specification of the product, covering:
The delimitation of the geographical area of production.
A description of the product's characteristics, quality, or reputation.
Standards of production and processing.
Examination: IGQPI examines the application to ensure compliance with the legal requirements.
Publication: If the application meets all criteria, it is published for public notice.
Registration: After the objection period, if no valid objections are raised, the GI is registered, granting exclusive rights to the producers within the defined geographical area .
๐ก๏ธ Protection and Enforcement
Rights Conferred: Registration grants producers the exclusive right to use the GI, provided they adhere to the established standards and production methods.
Collective Nature: GIs are collective rights belonging to all producers within the defined geographical area who comply with the specified conditions .
Enforcement: IGQPI is responsible for monitoring compliance and enforcing the protection of registered GIs. Producers found in violation may face sanctions, including the revocation of their GI rights.
๐ International Protection
Cape Verde's accession to the Geneva Act of the Lisbon Agreement significantly enhances the international protection of its GIs. This accession allows Cape Verdean GIs to be protected in other member countries without the need for separate national registrations, streamlining the process for Cape Verdean producers seeking international markets .
๐ Conclusion
Cape Verde has established a robust legal framework for the protection of Geographical Indications, combining national legislation with international treaties to safeguard its unique products. This dual approach not only preserves the cultural heritage associated with these products but also enhances their marketability both domestically and internationally.
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