Cape Verde has approved a new Industrial Property Code through Legislative Decree No. 2/2025 of 2 December, which repeals the previously applicable code and aims to align the Cape Verdean legal framework with the international evolution of industrial property law. The decree introduces significant substantive and procedural changes, including the reorganisation of the patent regime, the protection of unregistered designs or models, the simplification of the trade mark regime, the express protection of trade secrets, the strengthening of judicial and sanctioning mechanisms, and the dematerialisation and digitalisation of procedures. The new Code will enter into force on 2 June 2026.
Legislative Decree No. 2/2025, approving the new Industrial Property Code of Cape Verde, was promulgated and published in Official Gazette No. 118, 1st Supplement, Series I, on 2 December 2025, thereby repealing the previous Code approved by Legislative Decree No. 4/2007 of 20 August.
The new legislation is in line with the developments in industrial property law at international level, aiming to align the Cape Verdean legal system with international practices, particularly after Cape Verde’s recent adoption of several international conventions, the content of which is reflected in this new Code.
Key changes
The new Code introduces a wide range of substantive and procedural changes, including the following:
- Reorganisation and systematic updating of the patent system, including clarification of the solutions applicable to biotechnological inventions and computer programs with technical contribution, as well as full coordination with the international registration system;
- Introduction of protection for unregistered designs, providing automatic protection against copying for three years after their disclosure. This solution is particularly relevant for sectors with short economic life cycles;
- Simplification of the trademark regime, eliminating the requirement for graphic representation of the sign, which allows the registration of non-traditional trademarks, provided they are capable of clear and precise representation;
- Express protection of trade secrets, preventing the unlawful acquisition, use and disclosure of confidential commercial information;
- Protection of plant varieties and traditional knowledge, thus ensuring, for the first time, the ability to protect Cape Verde’s intangible cultural heritage, in accordance with the international instruments signed by this country;
- Strengthening of judicial and punitive protection, with consolidation of mechanisms to combat unfair competition and a more effective system for defending industrial property rights;
- Dematerialisation and digitisation of procedures, allowing for the electronic submission of applications, digital processing of cases, issuance of titles in electronic format, and greater speed and accessibility to the industrial property system.
In summary, the new Cape Verdean Industrial Property Code is the result of a legislative effort to modernise and rationalise the current legal regime, combining the need to adapt the Cape Verdean system to internal economic and administrative developments with the integration of Cape Verde’s international commitments, namely under the Paris Convention, the TRIPS Agreement, the Patent Cooperation Treaty (PCT), the Madrid System for the International Registration of Marks and the regional instruments of ARIPO. The law thus establishes a more coherent, predictable and operational regulatory framework for the protection of industrial property.
Legislative Decree No. 2/2025 will enter into force six months after its publication, i.e. on 2 June 2026.
The Morais Leitão Legal Circle Intellectual Property team remains available to answer any questions regarding the implementation of this law. For further information, please contact us.
