Cape Verde Accedes to the Banjul Protocol

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Adré Pretorius
An unconventional and practical trademark attorney.

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Following the decision by the Cape Verdean Parliament to accede to the Lusaka Agreement [1], the Harare Protocol [2], the Banjul Protocol [3] and the Swakopmund Protocol [4] in January this year (see the announcement by ARIPO here), ARIPO has just announced that Cape Verde has deposited its Instruments of Accession to these protocols, as well as to the Arusha Protocol [5], on 14 July 2022. The announcement can be found here. We therefore understand that Cape Verde can be designated in applications in terms of these Protocols from 14 October 2022.

This makes Cape Verde the third country to join the Banjul Protocol in as many years, with Mozambique having joined in 2020 and The Gambia in 2021. While the Harare Protocol has seen significant uptake, the Banjul Protocol has been a bit slower. This accelerated accession to the Banjul Protocol is therefore a welcome development.

Although Cape Verde’s IP Code has not been amended to make provision for the recognition of ARIPO registrations to date, we understand that the Registry is working on amendments to address this.

The ARIPO Secretariat is working hard to expand its reach and simplify the registration of IP rights for applicants. We will continue to monitor developments in this regard and will keep our clients informed of any further updates.

[1] ARIPO’s founding treaty
[2] Harare Protocol on Patents and Designs
[3] Banjul Protocol on Marks
[4] Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore
[5] Arusha Protocol for the Protection of New Varieties of Plants

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