14 May 2026

In a welcome development, Cape Verde has enacted a new Industrial Property Code (“the Code”) through Legislative Decree No. 2/2025, introducing a comprehensive reform of its intellectual property (IP) framework. The new Code, which comes into force on 2 June 2026, replaces the 2007 regime and represents a significant step towards aligning with international standards.

From a substantive perspective, the key changes introduced by the new Code include:-

• A shift towards streamlined processes through increased digitalisation, which should improve efficiency with electronic filings and simplify administrative formalities.
• The abolition of the requirement to file Declarations of Intention to Use (DIUs). Historically, a DIU had to be filed every five years from the trade mark filing date, except where the due date coincided with a renewal year. This requirement will fall away entirely from 2 June 2026, after which DIUs will no longer be requested or accepted. Until then, the current regime remains in force and DIUs must still be filed where due (including pending applications). DIUs already filed will remain valid under the previous system but will have no legal relevance going forward.
• The introduction of protection for non-traditional trade marks such as sound, motion and multimedia marks, following the removal of the graphical representation requirement.
• Enhanced protection for well-known marks, strengthening the ability of brand owners to act against registration or use of marks that take unfair advantage of reputation and dilute distinctiveness.
• The recognition and protection of trade secrets and traditional knowledge, bringing Cape Verde in line with contemporary IP standards.
• Strengthening of enforcement provisions, including clearer rules on infringement, remedies and damages.
• Closer alignment with international instruments, including the Paris Convention, the TRIPS Agreement, the Patent Cooperation Treaty and the Madrid System, which reflect a move towards a more internationally harmonised IP regime.

Overall, these changes should substantially reduce the administrative burden of maintaining a trade mark registration in Cape Verde and position the system as more modern and accessible.

Our Africa team is well placed to assist brand owners navigate the evolving Cape Verdean trade mark landscape and will keep you posted on how the new Code continues to unfold on the ground.