RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CPV/26 
26 June 2007 
 (07-2712) 
Working Party on the 
Accession of Cape Verde Original:   English 
 
 
 
ACCESSION OF CAPE VERDE 
 
Additional Questions and Replies  
 
 
 The following submission, dated 19 June 2007, is  being circulated at the request of the 
Delegation of the Republic of Cape Verde.   
_______________ 
  WT/ACC/CPV/26 
 Page iii 
 
 
TABLE OF CONTENTS 
 
 
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.........................................1  
- Industrial property protection................................................................................................. 1 
- Fees and taxes................................................................................................................. ...........1  
- Copyright and related rights................................................................................................... .3 
- Trademarks, including  service marks.....................................................................................4  
- Patents........................................................................................................................ ................4  
- Requirements on undisclosed information, including trade secrets and test data..............5  
- ENFORCEMENT.................................................................................................................... .6 
 
  WT/ACC/CPV/26 
 Page 1 
 
 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
Question 1 We would suggest that the entire section be revie wed to update it in light of legislative progress, 
if any and to include citations of any enacted legislation. 
Answer:
 
 
Cape Verde agrees with this comment.  
- Industrial property protection 
Question 2 
Paras 190-191:  These two paragraphs should be moved to the end of the section, to introduce 
Cape Verde’s TRIPS commitments. 
Answer:
 
 The above cited paragraphs are now paragraphs 199 and 200 in th e new draft Working Party Report 
(WT/ACC/SPEC/CPV/5/Rev.1).  Cape Verde agre es with the comment that these two paragraphs 
should be moved to the end of this section.  
- Fees and taxes 
Question 3 Para 198:  This section should be updated, and a table, similar to the one produced in Nepal’s 
accession, should be inserted laying out the fee structure. 
Answer:
 
 Old paragraph 198 is now paragr aph 206 in WT/ACC/SPEC/CPV/5/ Re v.1.  Cape Verde hereafter 
provides a redrafted paragraph 206 for the Working Party Report, as follows: 
 
- Fees and taxes  206.  The representative of Cape Verde said that  a system of minimal fees and charges were 
established and published in the Official Bu lletin of 5 May 2003 (Decree-Law No. 7/2003 of 
7 April 2003.  The fees and charges are the same for foreigners as well as for nationals. WT/ACC/CPV/26 
Page 2  
 
Table ___:  Registration and Renewal Fees 
Taxas 
 
DESCRIÇÃO TAXA 
ACTUAL 
(1940) TAXA 
PROPOSTA 
PATENTES 
Pedido  30$00 12.000$00 
Anuidades 50$00 * 2.500$00 
Sobretaxa pelo pagamento dentro de sessenta dias 25$00 * 4.000$00 
Adição 50$00 2.400$00 
Averbamento de transmissão ou licença de exploração 100$00 6.000$00 
Revalidação 150$00  * 7.000$00 
DEPÓSITO DE MODELOS DE UTILIDADE 
Pedido 20$00 10.000$00 
1º Quinquénio 40$00 2.500$00 
2º Quinquénio 80$00 3.000$00 
3º Quinquénio 160$00 4.000$00 
4º Quinquénio 320$00 4.000$00 
5º quinquénio e seguintes 640$00 4.000$00 
AVERBAMENTO DE TRANSMISSÃO OU LICENÇA de MODELOS DE UTILIDADE 
Dentro do 1º Quinquénio 75$00 6.500$00 
Dentro do 2º Quinquénio 150$00 6.500$00 
Dentro do 3º Quinquénio 300$00 6.500$00 
Dentro do 4º Quinquénio 600$00 6.500$00 
Dentro de 5º Quinquénio 1.200$00 6.500$00 
Sobretaxa pela renovação dentro de sessenta dias – 50 por cento da taxa do quinquénio respectivo. 
Revalidação – o triplo da taxa do quinquénio respectivo. 
DEPÓSITO DE MODELOS OU DESENHOS INDUSTRIAIS 
Pedido                                                                             1.) 20$00 8.000$00 
Quinquénio inicial, por classe 30$00 2.000$00 
Renovações 50$00 2.500$00 
Averbamento de transmissão ou licença 50$00 6.500$00 
Sobretaxa pela renovação dentro de sessenta dias 15$00 3.000$00 
Revalidações 90$00 6.000$00 
REGISTO NACIONAL DE MARCAS 
Pedido                                                                             1.) 50$00 6.500$00 
Registo por classe e por cada cinco produtos 100$00 7.000$00 
Renovações 200$00 4.200$00 
Averbamento de transmissão ou de modificação  da identidade do titu lar 200$00 6.500$00 
Sobretaxa pela renovação dentro de sessenta dias 50$00 5.000$00 
Revalidações 300$00 8.000$00 
SÉRIE DE MARCAS 
Pedido 50$00 2.000$00 
Registo 150$00 6.000$00 
Renovações 300$00 8.000$00 
Averbamento de transmissões 350$00 8.500$00 
Sobretaxa 75$00 3.000$00 
Revalidações 450$00 9.500$00 
MARCAS DE ARTÍFICES 
Pedido (por cada classe) 10$00 4.500$00 
Registo e suas renovações 20$00 5.000$00 
Revalidações 60$00 6.500$00 
REGISTO INTERNACIONAL DE MARCAS 
Registo 250$00 8.000$00 
Averbamento de transmissão 200$00 7.000$00  WT/ACC/CPV/26 
 Page 3 
 
 
DESCRIÇÃO TAXA 
ACTUAL 
(1940) TAXA 
PROPOSTA 
REGISTO DE RECOMPENSAS 
Pedido 50$00 5.000$00 
Registo 50$00 6.000$00 
Averbamento de transmissão 40$00 4.000$00 
REGISTO DE NOMES E INSÍGNIAS 
Pedido 100$00 4.000$00 
Registo 200$00 17.500$00 
Averbamento de transmissão 200$00 8.000$00 
Sobretaxa para pagamento dentro de sessenta dias 100$00 20.000$00 
Revalidações 600$00 25.000$00 
REGISTO DE DENOMINAÇÕES DE ORIGEM 
Pedido 50$00 4.500$00 
Registo 100$00 7.500$00 
OUTRAS TAXAS 
Certificados de patente, deposito ou registo 50$00 3.000$00 
Títulos  10$00 2.500$00 
Buscas: - Por cada ano  - De elementos não informatizados 
 - De elementos informatizados  
- Mínimo  
4$00 
10$00  
 
8.000$00 
1.500$00 
1.500$00 
Certidões ou cópias fotográficas: - Por cada lauda  
6$00  
1.500$00 
Entrada de requerimentos: 
- Por cada apresentação  
5$00  
500$00 
Averbamento de modificação do nome , firma, denominação social ou 
outro elemento da identidade do titular: 
 
- Nome ou insígnia do estabelecimento - Outras categorias  
 
 
200$00 100$00  
 
 
2.500$00 2.500$00 
Publicações: 
- Por Pedido 
- Reivindicações (por palavra) - Gravuras (por linha)  
5$00 
$10 
1$00  
3.000$00 
50$00 
500$00 
Note:  The above Table in Portuguese is being translated  into English.  It will be forwarded to the WTO soon. 
 
- Copyright and related rights 
Question 4 
Paragraphs 201 and 229 of the Draft Workin g Report (WT/ACC/SPEC/CPV/5) refer to a 
revised draft of the Copyright Law. 
We have reviewed a draft of this law and provide d comments on it bilaterally.  It has a number 
of deficiencies, vis-à-vis the Agreement on TRIPS.  Has this law been officially adopted (the text 
of the draft Working Party report indicates that it was due to be adopted in July 2005)? 
 If it has been adopted, we would appreciate seeing  a final official translation in order to conduct 
an analysis of it. 
 WT/ACC/CPV/26 
Page 4  
 
Answer:
 
 The revised draft of the Copyright Law has not  been approved. See new TRIPS Action Plan 
(WT/ACC/CPV/9/Rev.2) submitted to the WTO in May 2007.  Question 5 
For para 201, we suggest the following, to  address this inconsistency with TRIPS: 
The representative of Cape Verde confirmed that  . . . The Copyright Law currently allowed "an 
artist's interpretation or execution" to be protected  for a period of 40 years, starting from the 
first day of the year in which the copyrighted work was generated: he confirmed that this too 
would be corrected in the revised Copyright law to bring it into conformity with TRIPS Article 
14(5).  Responding to concerns that Article 50(h) of the draft revised draft Copyright Law . . .  
of the Penal Code. 
 
Answer:
 
 
Cape Verde agrees with the la nguage of this paragraph. 
 
- Trademarks, including service marks 
Question 6 The response to question 174 in Document WT/A CC/CPV/23 is appreciated.  However, further 
clarification is needed in regards to the rel ationship between tradem arks and geographical 
indications.  When asked whether trademarks wo uld be protected from confusingly similar and 
later in time geographical indications as requi red by TRIPs, Cape Verde responded that the 
"draft Intellectual Property Code foresees the treatment of trademarks and geographical 
indications in equality of circumstances." 
Does this statement mean that earlier establishe d trademark rights, will be protected against 
confusingly similar and later in time geographical indications?  Please confirm that the principles of priority and exclusivity between trademarks and geographical indications, as 
required by TRIPs Articles 16.1 and 24.5, will ex ist in Cape Verde's new Intellectual Property 
code. 
 Answer:
 
 Cape Verde confirms that the princi ple of exclusivity will be enforced. 
 
- Patents 
Question 7 
Paragraph 201 of the Draft Working Report (WT/ACC/SPEC/CPV/5) refers to Article 230 of 
the Penal Code.  Please provide us with an offici al translation of the portion of the Penal Code 
that deal with intellectual property crimes.  WT/ACC/CPV/26 
 Page 5 
 
 
Answer:  
 We are not certain that the cited article in pa ragraph 201 (now 209 in WT /ACC/SPEC/CPV/5/Rev.1 is 
the correct provision.  We will identify the correct provision as soon as possible, and a translation will 
be provided to the WTO Secretariat. 
 
Question 8 
Multiple times, in replies to the questions contained in document WT/ACC/CPV/23, 
Cape Verde references a new Industrial Property Co de that was scheduled to be adopted by the 
National Assembly in December 2005. 
1. We are providing comments on this law, wh ich appears to have some deficiencies vis-à-
vis the TRIPS Agreement.  Has this  law been officially adopted? 
2. If it has been adopted, will there be impl ementing regulations or amendments to deal 
with the deficiencies identified? 
 
Answer:
 
 1. No, the law has not been adopted. 2. The law has not been adopted.  
Question 9 
With respect to Question 178 in document WT/ACC/CPV/23, Cape Verde refers to a section of 
a draft Customs Law that provides for bo rder enforcement for intellectual property. 
1. We have received a copy of this law in  WT/ACC/CPV/20/Add.2, but have had trouble 
finding the relevant parts for IPR en forcement.  Please identify them. 
2. Has this law been officially adopted? 
3. If it has been adopted, will there be an opportunity for regulations or amendments to 
address any deficiencies identified? 
 
Answer:
 
 1. The provisions in the draft Customs Law for IPR enforcement were inadvertently omitted.  
Draft provisions concerning “Border enforcemen t of intellectual property rights” have been 
written and forwarded to the Ministry of Finance for inclusion in the draft Customs Law. 
2. The law has not been adopted. 3. The law has not been adopted.  - Requirements on undisclosed information,  including trade secrets and test data  
Question 10 Para 218:  We appreciate the assurance that Cape Verde does not intend to register generic 
drugs and therefore does not need to establish pr otection and exclusivity of use for undisclosed 
data required for the registration of pharmaceuti cals and agricultural chemicals.  However, it 
will be important that, by the end of the transiti on, such protections are offered and utilized in 
the context of full implementation. 
 WT/ACC/CPV/26 
Page 6  
 
We seek appropriate amendment of Cape Verde’s laws to provide for this by the time Cape 
Verde’s requested transition expires.  Our su ggested language for such a commitment is 
contained in the proposal below. 
 
Answer:
 
 
Old paragraph 218 is now paragr aph 225 in WT/ACC/SPEC/CPV/5/Rev .1.  Cape Verde thanks the 
Member for this comment and w ill take it into consideration. 
 
- ENFORCEMENT 
Question 11 
With reference to the section on Intellectual Proper ty Rights in the draft Working Party report 
(WT/ACC/SPEC/CPV/5), we thank Cape Verde fo r offering full National Treatment and MFN 
for current practice and that current WTO-consistent aspects do not deteriorate. 
In addition, and in light of Cape Verde’s pros pective graduation, we seek implementation of 
standard protection for undisclosed data and pi peline protection for pharm aceutical patents as 
well, per Articles 39 and 70 of TRIPS, within the term of the transition. 
 
Answer:  
 Cape Verde agrees with this comment. 
 
Question 12 
We offer the following suggested text for a co mmitment, taking into account Cape Verde’s 
Action Plan for TRIPS implementation in WT/ ACC/CPV/9/Rev.1.  We note that this action 
plan contemplates that Cape Verde will be TRIPS compliant by 31 December 2006. 
Is this still Cape Verde’s plan? 
 
Answer:
 
 No.  A new TRIPS Action (WT/ACC/CPV/9/Rev.2) was forwarded to the WTO in May 2007.  The 
2006 date was changed to 31 December 2008. 
 
Question 13 
We propose the following commitment text, to be placed at the end of Chapter V of the draft 
WP report, following the section on Enforcement , and building on the texts of paras 190 and 
191 moved to that location: 
 
230. The representative of Cape Verde submitte d information on the implementation of the 
TRIPS Agreement in document WT/ACC/CPV/5, and said that a timetable for the enactment of 
legislation that implements the WTO Agreement on TRIPS in Cape Verde's legal regime was provided in the TRIPS Implementation Action Plans circulated in documents WT/ACC/CPV/9 
and Rev.1.  New legislation or amendments  with regard to Industrial Property Rights, 
Copyrights, and Trademarks had been prepared  and submitted to the Council of Ministers and 
to the National Assembly in June and July 2005.   As per the Action Plan, Cape Verde would 
seek to implement and be in full conformity wi th the provisions of the TRIPS Agreement by 
December 2006.  As outlined in the documentat ion provided, in was necessary to extensively 
amend current legislation in place, to undertake training of staff, and to secure the necessary  WT/ACC/CPV/26 
 Page 7 
 
 
resources to join a number of international agr eements and conventions.  The timetable for 
implementation of the TRIPS Agreement foresaw the provision of timely and adequate technical assistance.  Technical assistance to meet this goal had been, and would be further 
solicited from relevant sources, including bila teral donors and the World Intellectual Property 
Organization. 
 
Answer:
 
 In view of the new draft Working Party Report (WT/ACC/SPEC/CPV/5/Rev.1), this paragraph (new 
para. 238) will have to be revised  and updated in accordance with the May 2007 TRIPS Action Plan.  
Otherwise, Cape Verde concurs with  the language of this paragraph. 
 
Question 14 
231. Having reviewed Cape Verde’s Action Plan  for compliance with the requirements of the 
TRIPS Agreement, a Member sought a realistic pl an laying out the measures that Cape Verde 
would take over time to bring its regime into compliance with specific provisions of the TRIPS 
Agreement as soon as possible.  The plan wo uld constitute an understanding between Cape 
Verde and the Working Party on how Cape Verde would use the transition period, and form a 
blueprint for the use of technical assistance for compliance within the timeframe contemplated.  
Cape Verde should also provide specific assura nces on its application of measures covered by 
the TRIPS Agreement during any transition peri od approved by the Working Party.  TRIPS-
consistent measures already in place should not be subject to transitions, and Articles 3, 4 and 5 
of the TRIPS Agreement, providing for inter a lia national treatment and MFN treatment, 
should apply from the date of accession.  Moreove r, Cape Verde should not allow production of 
goods or works inconsistent with the substantiv e provisions of the TRIPS Agreement during the 
transition period. 
 
Answer:
 
 Cape Verde agrees with the language of this paragraph (new para. 239). 
 
Question 15 
232. The representative of Cape Verde stated that, for the reasons given above, the 
Government of Cape Verde requested that the WTO grant a transitional period to 31 December 2006 to obtain technical assistance and equip the administration to implement fully the 
obligations of the TRIPS Agreement.  The representative of Cape Verde confirmed that should a transition be granted for the implementation of the WTO Agreement on TRIPS, his 
Government was prepared to fully apply Arti cles 3, 4 and 5 of the TRIPS Agreement that 
provide for, inter alia, national treatment a nd MFN treatment under current legislation in 
place.during any transition period granted;  To this end, Cape Verde would amend its 
legislation on the fees charged to applicants to ensure full national and MFN treatment upon 
accession.  Cape Verde will also ensure that an y change made in its laws, regulations and 
practice during this period will not result in a le sser degree of consistency with the provisions of 
the TRIPS Agreement.  
Answer:
 
 This paragraph should be revised  and updated.  Cape Verde is ask ing for a longer transition period, 
and the fees to applicants was addressed in  para. 206 of the new Working Party Report 
(WT/ACC/SPEC/CPV/5/Rev.1). WT/ACC/CPV/26 
Page 8  
 
Question 16 
233. The representative of Cape Verde furth er confirmed that, should a transition be 
granted, his government would ensure that Cape  Verde's intellectual property rights regime 
would not result in a lesser degree of enforcement  during any transition period granted; that 
existing rates of infringement would not significantly increase; and that any infringements of 
intellectual property rights in this period would be addressed immediately in cooperation with 
affected right holders.  He added that Cape  Verde would seek out all available technical 
assistance to ensure that its capacity to fully  enforce its TRIPS-consistent legal regime upon 
expiration of the transition periods is assu red and that Cape Verde would make available 
TRIPS legislation in draft and promulgated form  to the WTO Secretariat for circulation to 
interested WTO Members.  In response to requests from delegations for more specificity, the 
representative of Cape Verde presented an Action  Plan in Table XX setting out details of the 
steps that still remained to be taken in order to  achieve this objective and a timetable for each 
step. 
 Answer:
 
 Cape Verde agrees with the language of this paragraph (new para. 241) 
 
Question 17 
234. He further confirmed that from the end of the transition period, as part of its full 
implementation of the WTO Agreement on TRIPS, Cape Verde would protect against unfair 
commercial use of undisclosed test or other da ta submitted in support of applications for 
marketing approval of pharmaceutical or of agr icultural chemical products which utilize new 
chemical entities, by providing that no person other than the person who submitted such data 
may, without the permission of the latter person, rely on such data in support of an application 
for product approval for a period of at least fi ve years from the date on which Cape Verde 
granted marketing approval to the person that pr oduced the data.  Prior to the issuance of 
marketing approval of any pharmaceutical and agricultural chemical products, the relevant Ministries in Cape Verde will determine the exis tence of a patent covering a product for which 
an application for marketing approval had been filed by a party other than the patentee, and will not approve such application for marketing a pproval until the date of the expiration of such 
patent.  
Answer:
 
 Cape Verde agrees with the language of this paragraph (new para. 242).  WT/ACC/CPV/26 
 Page 9 
 
 
Question 18 
Table XX:  Action Plan for Implementation of the  
Agreement on Trade Related Aspects of Intellectual Property Protection  
 
Action Implementation 
Date 
Enact Legislation: 
- new Industrial Property Code (i ncludes (includes Patents and Utility 
Models, Trademarks, GIs, Plant Variety Protection, Layout Designs of 
Integrated Circuits, and Protection of Undisclosed Information; 
- new Copyright Law; 
- new provisions of the Customs Code; and 
- amended provisions of the Penal Code. 
 
Participation in: - WIPO (since 1997); 
- African Industrial Property Organization (AIPO); 
- Berne Conventi on (1996); and 
- Rome Convention (1996). 
 
Establishment of the National Institut e for Research, Promotion and Cultural 
Heritage (under the Ministry of Cult ure) responsible for compliance with 
legislation pertaining to copyright and related rights (2001). No later than 
1 January 2006 
(Completed) 
Establish MFN and national treatment in all areas covered by TRIPS, in 
particular in the elimination of discrimination in fees charged foreign vs. 
domestic applicants under industrial propert y legislation as well as reciprocity in 
its application of to foreign nationals. From the date of 
accession 
Establishment of term of protection and exclusive use for undisclosed data used 
in registration of pharmaceuticals an d agricultural chemicals and pipeline 
protection for pharmaceuticals, as provided  for in Articles 39 and 70 of the 
TRIPS Agreement. No later than 
1 January 2007 
Establishment of Tradem ark Information Centre. 
 
Reorganization and establishment of Offices of Industrial Property and of 
Copyrights. 
 
Computerization of Offices of Copy rights and of Industrial Property. 
 
Developing rules, regulations and work  manuals for Copyrights and Industrial 
Property. No later than 
1 July 2007 
Participation in:  
- Paris Convention; 
- Geneva Phonograms Convention; 
- International Union for the Protec tion of Plant Varieties (UPOV); 
- Budapest Treaty on the Internationa l Recognition of the Deposit of Micro-
organisms for the Purposes of Patent Procedure; 
- Patent Cooperation Treaty; - WIPO Copyright Treaty; and 
- WIPO Performances and Phonograms Treaty. No later than 
1 January 2007 
Training of personnel involved in copy rights protection, tr ademarks protection, 
protection of industrial design, protection of patents, protection of undisclosed 
information customs officials and police,  including special requirements related 
to border enforcement measures. 
 
Enhancing public awareness on the protection of intellectual property rights, including Copyrights. 
 
Full Implementation of the Agreement on Trade-related Intellectual Property 
Rights. No later than 
1 January 2007 WT/ACC/CPV/26 
Page 10  
 
 
235. The representative of Cape Verde co nfirmed that Cape Verde would apply the 
Agreement on Trade-Related Intellectual Propert y Rights by no later than 1 January 2007 
according to the action plan in Table XX wi th the understanding that during this period 
protection for intellectual property rights lis ted in paragraphs 232, 233 and 234 would be 
applied in Cape Verde.  The Working Party took note of this commitment.  
Answer:
 
 Cape Verde agrees with the language of this paragr aph except that the date should be 1 January 2009. 
 
 
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