RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/CPV/5
13 January 2004
(04-0094)
Working Party on the
Accession of Cape VerdeOriginal:  English
ACCESSION OF CAPE VERDE
Implementation of the WTO Agreement on
Trade-related Aspects of Intellectual Property Rights (TRIPS)
The following submission dated 22 December 2003, is being circulated at the request of the
delegation of Cape Verde.
_______________WT/ACC/CPV/5
Page 2
TRIPS AGREEMENT CAPE VERDE
GENERAL OBLIGATIONSIP AGREEMENTS TO WHICH THE
COUNTRY ADHERES
Compliance with Articles 1 through 12 and Article 19 ofthe Paris Convention for the Protection of IndustrialProperty in respect of Parts II, III, and IV of the TRIPSAgreement. TRIPS Article 2.Cape Verde is in the process of joining the Paris
Convention (projected date: July 2004).
Cape Verde is drafting an Industrial Property
Law based on the 2003 Industrial Property Law
of Portugal that is TRIPS and EU compliant.
An "Action Plan" covering enactment and
implementation of the Industrial Property Lawwill be submitted to the WTO in early 2004.
Under Paris, Article 1(2), industrial property has as itsobject patents, utility models, industrial designs,trademarks, service marks, trade names, indications of
source or appellations of origin, and the repression of
unfair competition.Same as above
In Paris.  Article 1(3), industrial property applies not only
to industry and commerce proper, but to agricultural andextractive industries and to all manufactured or naturalproducts, e.g., wines, grain, tobacco leaf, fruit, cattle,minerals, mineral waters, beer, flowers, and flour.Same as above
Under Paris, Article 2, nationals of Members are to enjoy
in other Members the advantages that their respective laws
grant to nationals, and shall have the same protection andthe same legal remedy against any infringement of theirrights if they conform to the conditions and formalitiesimposed upon the Member's nationals.Same as above
Paris.  Article 3, requires that nationals of non-Member
countries domiciles or that have "real and effective"
industrial or commercial establishments in a Member
country be treated as nationals of a Member country.Same as above
Under Paris, Article 4.a right of priority is to be given an
applicant for a patent, for registration of a utility model, anindustrial design, or of a trademark who has filed theequivalent of a regular national filing under the domesticlegislation of a Member country.  The periods of priority
are to be 12 months for patents and utility models, and six
months for industrial designs and trademarks.  TheArticle discusses the technical details of granting priorityin depth.Same as above
Article 4 bis states that patents obtained for the same
invention in various members of the Paris Union areindependent of each other.Same as above
Article 4 ter requires that inventors have the right to be
named as such in the patent.Same as aboveWT/ACC/CPV/5
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TRIPS AGREEMENT CAPE VERDE
GENERAL OBLIGATIONSIP AGREEMENTS TO WHICH THE
COUNTRY ADHERES
Under Article 4 quater  restrictions or limitations on the sale
of a patented product or a product produced by a patentedprocess cannot be the grounds for refusing a patent orinvalidating one already issued.  Under Article 5(A)(1),importation of a patented product manufactured in a Paris
Union country cannot be the basis of forfeiture of the
patent.  Article 5(A)(2) and (3) authorize countries to usecompulsory licensing as a means to prevent abuses, suchas the failure to work, but they may not forfeit a patentunless the grant of a compulsory license would not besufficient to prevent the abuse.  Proceedings for forfeiture
or revocation cannot be institute until two years after the
grant of the first compulsory license.Same as above
Article 5(A)(4) prohibits application for a compulsory
license for failure to work until four years have passedsince tile application was filed or three years from date ofgrant and no compulsory license is to be granted if thepatentee justifies the failure to work.  Licenses are to be
non-exclusive, and may not be transferred except with the
enterprise or goodwill that exploits the license.Article 5(B) prohibits forfeiture of industrial designs forfailure to work or for importing articles corresponding tothose that are protected.Same as above
Article 5(C) prohibits cancellation of a mark for
unjustified non-use before a reasonable period of time has
passed and permits the proprietor to use differing elements
that do not diminish the distinctive character of a markwithout invalidating the registration or diminishing theprotection granted the mark.  Concurrent use of the markby co-proprietors is permitted so long as the public is notmislead.Same as above
Under Article 5(D), protection of patents, registered
trademarks, and industrial designs cannotSame as above
Article 5 bis requires that a grace period of at least six
months be provided for the payment of maintenance fees
for industrial property, but a surcharge is permissible.Countries are authorized to restore patents that lapsed fornon-payment of fees.Same as above
Article 5 ter prohibits a Paris Member from making use of
patented devices aboard a vessel, aircraft, of land vehicletemporarily or accidentally in the territory or the Member.Same as above
Article 5 quater  requires that process patent owners have
all the rights against an imported product produced by the
patent process that they would have with respect to
products manufactured at home.Same as above
Article 5 quinquies  requires that Paris Members protect
industrial designs.Same as above
Article 6 makes the conditions for filing and registration of
trademarks subject to domestic legislation but also makesfiling and registration independent of those in othercountries, including the country of origin.Same as aboveWT/ACC/CPV/5
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TRIPS AGREEMENT CAPE VERDE
GENERAL OBLIGATIONSIP AGREEMENTS TO WHICH THE
COUNTRY ADHERES
Article 6 bis requires parties, ex officio if legally possible
or at the request of an interested party, to refuse to registeror, for a period of at least five years, to cancel theregistration of a trademark confusingly similar to a well-known mark.  No time limit is placed on a mark used in
bad faith.Same as above
Article 6 ter requires Members to refuse to register or to
invalidate the registration that includes, without
authorization, armorial bearings, flags, state emblems,official signs and hallmarks, etc.  An exception is providedfor owners of rights acquired in good faith before theConvention entered into force for that country.Same as above
Article 6 quater  makes the assignment of a mark valid if
the portion of the business or goodwill of the business
together with the exclusive right to manufacture and sell
the goods bearing the mark are also transferred.Same as above
Article 6 quinquies  requires that trademarks duly registered
in a Member be accepted for filing in other Members, withcertain reservations, and establishes the conditions underwhich a trademark may be denied registration or may beinvalidated.Same as above
Article 6 sexties  states that Paris Members undertake" to
protect service marks without being required to provide for
their registration.Same as above
Article 6 septies  requires that trademark owners be able to
oppose or request cancellation of a registration of theirtrademarks applied for by their agent or representativewithout their authorization "unless the agent orrepresentative justifies his action.Same as above
Article 7 states that the nature of the goods to which a
trademark is applied may in no case be an obstacle to the
registration of the trademark. (Duplicate language is in
TRIPS Article 15.4.)Same as above
Article 7 bis requires that Members permit registration of
collective marks belonging to associations the existence ofwhich is not contrary to the law of the country of origin,even where the association is not established in the countrywhere protection is being sought.Same as above
Article 8 requires that trade names be protected by
Members without the necessity of registration, whether or
not the names are part of a trademark.Same as above
Article 9 requires seizure on importation or exclusion or
goods bearing a trademark or trade name withoutauthorization, unless a country's laws provide for neitherremedy, in which case domestic actions and remedies mustbe available.Same as above
Article 10 applies the obligation of Article 9 to the direct
or indirect use of false indications of source of goods, or
false indication of the producer, manufacturer, or merchant
of such goods.Same as aboveWT/ACC/CPV/5
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TRIPS AGREEMENT CAPE VERDE
GENERAL OBLIGATIONSIP AGREEMENTS TO WHICH THE
COUNTRY ADHERES
Article 10 bis requires Members to provide protection
against unfair competition, including against acts thatcreate confusion of various kinds about the goods oractivities of a competitor, that consist of false allegationsabout a competitor, or that are apt to mislead the public
regarding a competitor's goods.Same as above
Article 10 ter requires that Members undertake to assure to
foreign nationals effective legal remedies to repress
actions referred to in Articles 9, 10 and 10 bis, and to allow
federations and associations representing foreignbusinesses, on the basis of reciprocity, to take action incourt and before administrative authorities to repress suchacts.Same as above
Article 11 requires that temporary protection. consistent
with domestic legislation, be afforded to patentable
inventions, utility models, industrial designs andtrademarks in respect of goods exhibited at official orofficially recognized international exhibitions held in theirterritory.Same as above
Article 12 requires Members to establish industrial
property offices for patents. utility models, industrial
designs and trademarks for the communication to the
public through publication of a periodic journal of thenames of patent owners with a brief designation of theirinventions, and the reproduction of trademarks.Same as above
Article 19 authorizes Members to enter into separate and
special industrial property agreements among themselves,so long as those agreements do not contravene the
provisions of Paris.Same as above
National treatment, with exceptions allowed in the Paris,
Berne and Rome Conventions.  Article 3.Same as above
Most favoured nation treatment, with enumerated
exceptions.  Article 4.Same as above
Copyright and Neighbouring Rights Citation to copyright and related laws
Compliance with Articles I through 21 of the Berne
Convention with the exception of Article 6 bis, Article 9.1.Cape Verde's Copyrights Law was enacted in
1990. Cape Verde adhered to the BerneConvention in 1996. Consequently, someprovisions of the Copyrights Law may beinconsistent with Article 9 of the TripsAgreement.
An Action Plan applicable to Cape Verde's
Intellectual Property Regime is being preparedand will be submitted to the WTO in early2004. The Action Plan will include those
aspects and provisions of the Copyrights Law
that will be revised.
Article 2 defines "literary and artistic works" as "everyproduction in the literary, scientific and artistic domainwhatever may be the mode or form of its expression,"giving examples. Limitations related to speeches areprovided in Article 2 bis.Same as above.WT/ACC/CPV/5
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TRIPS AGREEMENT CAPE VERDE
GENERAL OBLIGATIONSIP AGREEMENTS TO WHICH THE
COUNTRY ADHERES
Article 3 requires that protection be provided to the worksof authors who are nationals of Berne Union members andto works of nationals of non-Union countries if thoseworks are published in a Union member simultaneouslywith publication in the non-Union country.Same as above.
Article 4 requires that protection be provided
cinematographic works not falling under Article 3 if the
maker has a headquarters or habitual residence in a Union
member and to works of architecture or artistic worksincorporated into a buildi ng or structure in a Union
member.Same as above
Article 5 requires that authors enjoy the rights required by
Berne and any other rights a country provides works on anational treatment basis without being subject to any
formalities.Same as above
Article 7 requires that the term of protection for copyright
be 50 years following the death of the author.  Specialterms are authorized for cinematographic works,anonymous or pseudonymous works, photographic worksand works of applied art.  Article 8 gives authors ofprotected works the exclusive right to make or authorize
the making of translations of the work.Same as above
Article 9 requires that authors be given the exclusive right
to authorize reproduction of the work in any manner or
form with only limited exceptions that do not conflict withthe normal exploitation of the work and do notunreasonably prejudice the legitimate interests of theauthor.Same as above
Articles 10 and 10 bis define certain authorized "free uses
of works".Same as above
Articles 11, 11 bis, and 11 ter require that authors of
dramatic, dramatico-musical and musical works and any
translation thereof and authors of literary and artisticworks, the exclusive right to authorize the publicperformance of their works, including by broadcast, publicrecitation and any communication to the public.Same as above.
Article 12 requires that authors of literary or artistic works
have the exclusive right to authorize adaptations,
arrangements and other alterations of their works.Same as above
Article 13 authorizes countries to impose reservations and
conditions on the exclusive right granted authors of
musical works or written works that are recorded.Same as above
Articles 14 requires that authors of literary and artistic
works have the exclusive right to authorize thecinematographic adaptation and reproduction of theirworks and the distribution, public performance andcommunication to the public of the adaptation or
reproduction, without the limitations authorized under
Article 13(1).Same as above
Article 14 bis specifies that a cinematographic work is to
be protected as an original work without prejudice to anywork that is adapted or reproduced and the author of thecinematographic work is to enjoy the same rights as theauthor of any other work.Same as aboveWT/ACC/CPV/5
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TRIPS AGREEMENT CAPE VERDE
GENERAL OBLIGATIONSIP AGREEMENTS TO WHICH THE
COUNTRY ADHERES
Article 14 ter requires "droit de suite" in connection with
subsequent sales works of art and manuscripts.Same as above
Article 15 requires that ownership of a work, for purposes
of litigation, be presumed to be that which appears on thework in the usual manner.Same as above
Article 16 requires that infringing copies of a work be
subject to seizure whether domestically produced orimported.Same as above
Article 18 requires that copyright protection be applied to
all works which, at the moment Berne becomes effective,
have not fallen into the public domain in the country of
origin through the expiry of the term of protection.Same as above
Article 19 authorizes Union members to provide greater
protection than that required by the Convention.Same as above
Article 20 authorizes Union members to enter into special
agreements among themselves to provide more extensiverights than those provided by Berne.Same as above
Protect computer programs, whether in source or object
code, as literary works under the Berne Convention.Protect compilations of data, whether in machine-readable
or other form are to be protect ed as intellectual creations if
they constitute such.  Article 10.Same as above
Provide rental rights at least for computer programs and
cinematographic works with certain exceptions.Article 11.Same as above
Provide a term of protection of fifty years from the death
of tile author (Berne Article 7.1 and TRIPS Article 9.1) or,for works the term of which is not measured by the life of
the author, a term of 50 years from the end of the calendar
year of authorized publication, or, if not published withinfifty years from making, fifty years from the end of thecalendar year of making.  Article 12.Same as above
Confine limitations and exceptions to exclusive rights to
certain special cases which do not conflict with a normalexploitation of the work and do not unreasonably prejudice
the right holder's legitimate interests.  Article 13.Same as above
Provide performers with the right for 50 years from the
date of a performance to prevent unauthorized fixation of
their unfixed performances and of reproductions of suchfixations and to prevent the unauthorized broadcast bywireless means and communication to the public of theirlive performances.  Article 14.1 and 5.Same as above
Provide phonogram producers with the right for 50 years
from the date of first authorized fixation to prohibit
unauthorized reproduction of their phonograms, directly or
indirectly, and to prohibit rental of copies of theirphonograms once sold or otherwise distributed.Article 14.2, .4, and .5.Same as aboveWT/ACC/CPV/5
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TRIPS AGREEMENT CAPE VERDE
GENERAL OBLIGATIONSIP AGREEMENTS TO WHICH THE
COUNTRY ADHERES
Providing broadcasting organizations with the exclusiverights for 20 years of fixation, reproduction of fixations,and re-broadcasting by wireless means of their broadcastsand the communication to the public of broadcasts of theirbroadcasts or provide to the owners of the copyright in the
material broadcast the possibility of exercising such rights.
Article 14.3 and 5.Same as above
Trademarks Citation to appropriate law
Provide trademark or service mark protection for any sign,
or combination of signs capable of distinguishing thegoods or services of one undertaking from those of otherundertakings.  Article 15.1Cape Verde is in the process of joining the Paris
Convention (projected date: July 2004).Cape Verde is drafting an Industrial PropertyLaw based on the 2003 Industrial Property Lawof Portugal that is TRIPS and EU compliant.An "Action Plan" covering enactment and
implementation of the Industrial Property Law
will be submitted to the WTO in early 2004.
Not deny registration for a mark based solely on the natureof the goods or services to which a trademark is to beapplied.  Article 15.4.Same as above
Trademarks must be published before or shortly after
registration to permit opposition or opportunity to applyfor cancellation.  Article 15.5.Same as above
Provide trademark owners the exclusive right to prevent
unauthorized use identical or similar marks for similar
goods or services of other parties if confusion is likely to
result.  Article 16.1Same as above
Presume confusion where an identical mark is used
without authorization on identical goods or services.Article 16.1.Same as above
Provide protection for well know trademarks and service
marks in accordance with Article 6 bis, of the Paris
Convention, even where use is on goods or services whichare not similar to those in respect of which a trademark is
registered if the latter use would imply a connection with
the right holder or would be likely to damage the rightholder's interests.  Article 16.2 and .3.Same as above
Allow only limited exceptions to the rights conferred by a
trademark such as fair use of descriptive terms.  Article 17.Same as above
Provide a period of protection for registration of at least
seven years, renewable indefinitely.  Article 18.Same as above
Allow cancellation for non-use only after a period of three
years of uninterrupted non-use unless valid reasons existfor the non-use, including government interference with
use.  Article 19.1.Same as above
No encumbering of the use of a trademark by special
requirements.  Article 20.Same as above
May establish conditions for licensing but compulsory
licensing not permitted and owner of registered mark mustbe able to assign it with or without transfer of business.Article 21.Same as aboveWT/ACC/CPV/5
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TRIPS AGREEMENT CAPE VERDE
GENERAL OBLIGATIONSIP AGREEMENTS TO WHICH THE
COUNTRY ADHERES
Geographical Indications Citation to appropriate law or laws
Provide means to prevent deceptive use of Geographicalindications identifying location where a given quality,reputation or other characteristic of a good is attributableto its location.  Article 22.1 and 2.
Refuse to register or invalidate registrations of trademarks
containing geographical indications except in instances in
which such marks have been used continuously for at least10 years or in good faith before 15 April 1994.Article 22.3Cape Verde is in the process of joining the Paris
Convention (projected date: July 2004).
Cape Verde is drafting an Industrial Property
Law based on the 2003 Industrial Property Lawof Portugal that is TRIPS and EU compliant.
An "Action Plan" covering enactment and
implementation of the Industrial Property Lawwill be submitted to the WTO in early 2004.
Protect against use of geogra phical indications even when
literally true but which falsely represent that the goodsoriginate in another territory.  Article 22.4Same as above
Protect, with certain exceptions, appellations or origin for
wines and spirits even against use accompanied by
expressions suchSame as above
Protect, with certain exceptions, appellations or origin for
wines and spirits even against use accompanied byexpressions such as 'kind," type," "style," etc.  Article 23.1and 24.Same as above
Refuse or invalidate, with certain exceptions trademark
registrations containing geographical indications for winesand spirits if they do not originate in the place named.
Article 23.2 and 24.Same as above
Industrial Designs Citation to appropriate law
Provide, with certain exceptions, protection for new or
original, independently created industrial designs.
Article 25.1.Cape Verde is in the process of joining the Paris
Convention (projected date: July 2004).
Cape Verde is drafting an Industrial Property
Law based on the 2003 Industrial Property Lawof Portugal that is TRIPS and EU compliant.
An "Action Plan" covering enactment and
implementation of the Industrial Property Lawwill be submitted to the WTO in early 2004.
Ensure that requirements for securing protection for textiledesigns are not prohibitive of such protection.Article 25.2.Same as above
Protection should last at least 10 years. Same as above
Patents Citation to appropriate law
Provide patents for any inventions, whether products or
processes, in all fields of technology if they are new,involve an inventive step and are industrially applicable.
Exceptions are permitted for plants and animals, except for
microorganisms and non-biological and microbiologicalprocesses.  Exemptions are also permitted for reasons oforder public and morality.  Article 27.Cape Verde is in the process of joining the Paris
Convention (projected date: July 2004).
Cape Verde is drafting an Industrial Property
Law based on the 2003 Industrial Property Lawof Portugal that is TRIPS and EU compliant.
An "Action Plan" covering enactment and
implementation of the Industrial Property Law
will be submitted to the WTO in early 2004.WT/ACC/CPV/5
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TRIPS AGREEMENT CAPE VERDE
GENERAL OBLIGATIONSIP AGREEMENTS TO WHICH THE
COUNTRY ADHERES
Provide patent owners with the right to prevent othersfrom making, using, offering for sale, selling or importinga patented product or from using a patent process or using,offering for sale, selling or importing a product produceddirectly using such process.  Article 28.1.Same as above
Give patent owners the right to assign the rights in the
patent, or transfer the rights by succession, or license them.
Article 28.2Same as above
Require applicants to disclose the invention so that one
skilled in the art can carry it out and may requireindication of the best mode and information oncorresponding foreign applications.  Article 29.Same as above
Ensure that any exceptions to exclusive patent rights do
not unreasonably conflict with normal exploitation of thepatent and do not unreasonably prejudice the legitimate
interests of the patent owner, taking third party interests
into account.  Article 30.Same as above
Compulsory licenses can be issued only when enumerated
conditions are met, including such things as notice,remuneration, limitations on use and transfer of thelicense, etc.  Article 3 1.Same as above
Provide an opportunity for judicial review of decisions to
revoke or forfeit a patent.  Article 32.Same as above
Provide a patent term of at least 20 years from the filing
date.  Article 33.Same as above
Shift the burden of proof in process patent infringement
actions to the defendant in instances in which tile product
produced by the process is new or where it is substantially
likely that the identical product was made using theprocess and the patent owner has been unable throughreasonable efforts to determine the process used.Article 34.Same as above
Integrated-Circuit Layout Designs Citation to appropriate law
Provide protection for original layout designs of integrated
circuits that are registered or have been commercially
exploited anywhere in the world.  Articles 3, 4, 5, and 7 of
the Washington Treaty as incorporated into TRIPS byArticle 35.Cape Verde is in the process of joining the Paris
Convention (projected date: July 2004).
Cape Verde is drafting an Industrial Property
Law based on the 2003 Industrial Property Lawof Portugal that is TRIPS and EU compliant.
An "Action Plan" covering enactment and
implementation of the Industrial Property Law
will be submitted to the WTO in early 2004.
Make unlawful, except in certain circumstances, thereproduction, importation, sale or other distribution of aprotected layout design or an integrated circuit embodyingsuch design or an Article containing such a microcircuit.Article 6 of Washington and Article 36 of TRIPS.Same as above
Provide such protection for a term of 10 years from the
films, of an application for registration or from first
commercial exploitation.  Article 38.Same as aboveWT/ACC/CPV/5
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TRIPS AGREEMENT CAPE VERDE
GENERAL OBLIGATIONSIP AGREEMENTS TO WHICH THE
COUNTRY ADHERES
Undisclosed Information Citation to appropriate law or laws
Provide protection for undisclosed information that issecret (not generally known or readily ascertainable); hascommercial value because of its secrecy., and has beensubject to reasonable steps to keep it secret.  Article 39.2.Cape Verde is in the process of joining the Paris
Convention (projected date: July 2004).
Cape Verde is drafting an Industrial Property
Law based on the 2003 Industrial Property Lawof Portugal that is TRIPS and EU compliant.
An "Action Plan" covering enactment and
implementation of the Industrial Property Lawwill be submitted to the WTO in early 2004.
Protect data submitted to obtain marketing approval forpharmaceutical or agricultural chemicals utilizing a newchemical entity.  Article 39.3.Same as above
Enforcement Citation to appropriate law or laws
General Provisions
Provide for effective action against infringement of
intellectual property rights without creating barriers to
legitimate trade or opportunities for abuse.  Article 41.1Cape Verde is in the process of joining the Paris
Convention (projected date: July 2004).
Cape Verde is drafting an Industrial Property
Law based on the 2003 Industrial Property Lawof Portugal that is TRIPS and EU compliant.
An "Action Plan" covering enactment and
implementation of the Industrial Property Law
will be submitted to the WTO in early 2004.
Provide enforcement procedures that are fair and equitable
and are not unnecessarily complicated or costly and do notentail unreasonable time limits or unwarranted delays.Article 41.2Same as above
Provide decisions on the merits based upon the evidence
presented in the case to the parties, preferably in writingwith the reasons explained.  Article 41.3.Same as above
Provide for appeals to judicial bodies of final
administrative decisions and of at least the legal aspects of
initial judicial decisions on the merits of a case.Article 41.4.Same as above
Civil and Administrative Procedures and Remedies Same as above
Provide a procedure that allows plaintiffs to bring an
action for infringement; requires that defendants benotified; permits both side to present evidence in supportof their position; and protects confidential information.Article 42Same as above
Authorize judges to order production of evidence
necessary to substantiate a party's claims where that party
has been unable to obtain such evidence from the opposingparty.  Article 43. 1.Same as above
Authorize judges to enjoin a defendant, except the
government, from infringing intellectual property rights.Article 44. 1.Same as above
Authorize judges to order the payment of monetary
damages adequate to compensate for the injury done bythe infringement.  Article 45.1Same as aboveWT/ACC/CPV/5
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TRIPS AGREEMENT CAPE VERDE
GENERAL OBLIGATIONSIP AGREEMENTS TO WHICH THE
COUNTRY ADHERES
Authorize judges to order infringer to pay right holdersenforcement costs and recovery of profits and/or statutorydamages.  Article 45.2.Same as above
Authorize additional remedies including seizure of
infringing goods, and the materials and implements thepredominant use of which is infringement.  Article 46.Same as above
Authorize indemnification of defendant, including
attorneys' fees in the event of abuse by plaintiffs.
Article 48.1.Same as above.
Exempt public authorities and officials from liability in
connection with the administration of intellectual property
laws only where the actions are taken or intended in goodfaith within the scope of tile relevant authority.Article 48.2.Same as above
Ensure that administrative remedies conform to the
principles in the preceding Articles.  Article 49.Same as above
Provisional Measures
Authorize judges to grant temporary restraining orders and
provisional relief to prevent infringement and to preserveevidence.  Article 50.1.Cape Verde is in the process of joining the Paris
Convention (projected date: July 2004).
Cape Verde is drafting an Industrial Property
Law based on the 2003 Industrial Property Lawof Portugal that is TRIPS and EU compliant.
An "Action Plan" covering enactment and
implementation of the Industrial Property Law
will be submitted to the WTO in early 2004.
Authorize judges to require the complaining party toindemnify the defending party against harm if the decisionon the merits finds the provisional relief unjustified.Article 50.3.Same as above
Provide for notice, for formal action by the plaintiff after
temporary restraining orders, etc.  Article 50.4+.Same as above
Border Measures
Provide for suspension of release by customs authorities of
goods suspected of bearing a counterfeit trademark or ofbeing a piratical copyrighted work, either at the request of
a right holder.  Members are authorized to extend such
protection to holders of other forms of intellectualproperty, Article 51Cape Verde is drafting a Customs Code. Border
enforcement of intellectual property rights willbe included in the new Customs Code.
A "General Legislative Action Plan" including
enactment and implementation of the CustomsCode will be submitted to the WTO in early2004
Require right holders initiating border measures to provideevidence of a prima facie infringement and a description of
tile goods sufficient for customs authorities to recognize
them.  The right holder must be notified within areasonable time is action will be taken on his behalf.Article 52Same as above.
Authorize authorities to require the right holder requesting
border measures to post a bond sufficient to protect thedefendant and to prevent abuse.  Article 53Same as above.
Requires prompt notification of the right holder and the
importer when action under Article 51 is taken.  Article 54Same as above.WT/ACC/CPV/5
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TRIPS AGREEMENT CAPE VERDE
GENERAL OBLIGATIONSIP AGREEMENTS TO WHICH THE
COUNTRY ADHERES
Requires that customs authorities be notified within amaximum of 20 days of the receipt of notice thatproceedings on the merits have begun or the suspension isto be revoked.  Article 55Same as above.
Authorities must be authorized to require the right holder
to compensate the importer or owner of the goods subjectto border measures if goods were wrongfully detained or if
proceedings leading to a decision on the merits are not
begun within tile allotted time.  Article 56.Same as above.
Right holders must be allowed to inspect the detained
goods in order to substantiate the right holder's claims.Importers must be given similar authority.  Members maygive the right holder the names and addresses of thoseinvolved in the importation when infringement is found to
exist.  Article 57.Same as above.
Establishes the conditions that must be in place if customs
authorities are authorized to act ex officio, including theability to ask the right holder for information at any time;the requirement to notify the importer promptly of thesuspension; and the requirement that public officials beliable if they act in bad faith.  Article 58Same as above.
Competent authorities must be able to order destruction or
disposal other than by re-export of infringing goods where
appropriate.  Article 59Same as above.
Members are authorized to except from border measures
small quantities of infringing goods of a non-commercialnature carried in personal luggage or shipped in smallconsignments.  Article 60Same as above.
Criminal Procedures
Provide criminal procedures and penalties, sufficient to act
as a deterrent, for wilful trademark counterfeiting orcopyright piracy on a commercial scale.  Authorizesextension of criminal actions to other forms of intellectual
property where infringements are wilful and on a
commercial scale.  Article 61.Cape Verde is in the process of joining the Paris
Convention (projected date: July 2004).
Cape Verde is drafting an Industrial Property
Law based on the 2003 Industrial Property Law
of Portugal that is TRIPS and EU compliant.
An "Action Plan" covering enactment and
implementation of the Industrial Property Law
will be submitted to the WTO in early 2004.
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