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5 June 2026 [Intellectual Property](https://spoor.com/tag/intellectual-property/), *Cape Verde’s Industrial Property Code entered into force on 2 June 2026, a significant modernisation of IP protection in the jurisdiction.* Cape Verde has introduced a comprehensive overhaul of its intellectual property framework through Legislative Decree No. 2/2025, published in the *Boletim Oficial* on 2 December 2025. The new Industrial Property Code entered into force on 2 June 2026. This represents a significant modernisation and expansion of IP protection in the jurisdiction. The reforms align Cape Verde more closely with international standards and treaties, while also introducing entirely new categories of protection and strengthening enforcement mechanisms. Rights holders with existing or prospective interests in Cape Verde should review these changes carefully to ensure their portfolios and strategies remain effective under the new regime. Key changes in respect of each Intellectual Property right are set out below. ## Trade Marks - A fundamental change to the calculation date of the initial 10-year registration term from the date of grant to the date of filing. - Abolition of the requirement to submit Declarations of Intention to Use. - Broader definition of what can be registered as a trade mark including multimedia, hologram and motion marks. - Express recognition of Geographical Indications and more detailed guidance around association, collective and certification marks. - Clarification of the scope of protection provided by the use of Nice Classification ‘class headings’ descriptions. - Express provision for the division of trade mark applications. - Increased protection and guidance around infringement and enforcement measures. - Additional express statutory rights for licensees. - Recognition of traditional knowledge as collective community property and the prohibition of its unauthorised use in trade marks. ## Patents - Non-Convention, Convention, PCT national phase and ARIPO (designating Cape Verde) applications are provided for. - There are various exclusions to patentability, including therapeutic and surgical methods for the treatment of humans and animals. - The same invention may be the subject of both a patent application and a utility model application. - Budapest Treaty deposits for inventions relating to biological material are recognised. - Substantive examination is provided for. - Supplementary protection certificates for medicines and plant protection products for up to a maximum of 5 years. ## Utility Models - Utility models, including via ARIPO. - There are various exclusions as to what may not be the subject of a utility model. - Substantive examination is provided for. - Duration is 6 years from the date of filing, which may be extended for two further periods of 2 years. ## Designs - Automatic protection for unregistered designs for a period of three years from first disclosure in Cape Verde. - Registered designs, including via ARIPO. - Computer programs are excluded from protection regardless of whether they are incorporated into a physical object or materialise in non‑physical form. - An application may include up to one hundred designs, provided that all products incorporating the designs, or in relation to which the designs are used, belong to the same classification class. - Duration is a maximum of 25 years, subject to renewals every 5 years. ## Plant Breeders’ Rights - Plant breeders’ rights are now possible. - Plant breeders’ rights may also be applied for via ARIPO through the Arusha Protocol. - The term of protection is 25 years and 30 years for trees and vines, calculated from the year following grant. - The term may be extended for up to a maximum of 5 years. - Currently, there are no provisions for renewal under the new law; this is expected to be clarified in future implementing regulations. ## Topographies of Semiconductors - Protection for topographies of semiconductor products is now available. - Duration is 10 years from the date of filing. ## Traditional Knowledge - The law provides for the protection of traditional knowledge. - Protection is not subject to any time limit. ## Recommended Actions for Rights Holders While the new Code introduces a more robust and modern IP system, no implementing regulations or detailed transitional provisions have yet been issued by the IP Office in Cape Verde. As a result, some practical aspects of the new regime remain uncertain and should be approached with caution until further guidance becomes available. In the meantime, rights holders are encouraged to: - **Audit their existing IP portfolios** to assess whether any changes (e.g. renewal calculations, expanded trade mark scope) affect current rights. - **Consider early filings** under the new regime, particularly for non-traditional trade marks, utility models, and newly available rights such as semiconductor topographies and plant breeders’ rights. - **Review enforcement and licensing arrangements** in light of the strengthened statutory rights and protections. - **Monitor the issuance of implementing regulations** and local practice developments, especially regarding transitional provisions and procedural requirements. - **Seek local advice** before taking action, particularly for filings via ARIPO or where timing may be affected by the transition to the new system. We will continue to monitor developments and provide further updates as practical guidance and regulations are issued. [Contact us](mailto:info@spoor.co.uk) for more information on Cape Verde’s Industrial Property Code, or view more [legal updates from various jurisdictions](https://spoor.com/knowledge-centre/legal-updates/) across Africa and The Caribbean.