Industrial Designs Law in São Tomé and Príncipe
In São Tomé and Príncipe, industrial design protection is governed by the Industrial Property Code (Decree-Law No. 23/2016), which modernized the country's intellectual property framework. This legislation, effective since February 2017, aligns with international standards and is administered by the National Service of Intellectual Property and Quality (SENAPIQ-STP) .
🛡️ What Is an Industrial Design?
An industrial design refers to the ornamental or aesthetic aspect of a product, encompassing its shape, configuration, pattern, or ornamentation. Protection is granted to designs that are new and have individual character
✅ Requirements for Protection
To be eligible for protection, an industrial design must:
Be New: The design must not have been disclosed to the public before the filing date.
Have Individual Character: It must create a different overall impression on the informed user compared to existing designs.
Not Contravene Public Order or Morality: Designs that are contrary to public policy or morality are excluded from protection .
📝 Registration Process
Application Submission: File an application with SENAPIQ-STP, providing:
A request for registration.
Applicant's details.
A representation of the design.
Description of the design.
Priority claim, if applicable.
Examination: SENAPIQ-STP examines the application for compliance with formal requirements.
Publication: If accepted, the design is published in the official gazette.
Registration: Upon no opposition, the design is registered, and a certificate is issued .
⏳ Duration and Renewal
Initial Protection: 5 years from the filing date.
Renewal: The registration can be renewed for two consecutive periods of 5 years each, totaling a maximum of 15 years.
Grace Period: A 6-month grace period is granted for late renewal, subject to a surcharge .
🌐 International Protection
São Tomé and Príncipe is a member of the Hague Agreement Concerning the International Registration of Industrial Designs, administered by the World Intellectual Property Organization (WIPO). This allows for the international registration of designs, providing protection in multiple countries through a single application
⚖️ Enforcement and Legal Recourse
Design rights holders can enforce their rights through:
Administrative Actions: Filing complaints with SENAPIQ-STP for violations of design rights.
Judicial Actions: Pursuing legal action in courts for infringement and seeking remedies such as injunctions and damages .
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