Trademarks

While businesses are exposed to significant challenges in Africa, Daniel Reis Nobre and Inês Monteiro Alves untangle IP misconceptions surrounding the continent.

Until mid-2020 there were no regulations drafted on the implementation of the Sierra Leone Trademarks Act 2014, nor was the date of its entry into force defined in the act that was published in the Sierra Leone Gazette (vol CXLV 53 (9 October 2014)).

Although the Office of the Administrator and Registrar General (ie, the Sierra Leone Registry) informally announced in September 2018 that the new act is in effect and being enforced by the registry, no official notification has been issued thus far.

Following national protests relating to the fatal shooting of singer Hachalu Hundessa on 29 June, Internet access was cut across Ethiopia the next day. Hachalu was an activist and important figure in the Oromo community. Up until the cut, content showing protesters in the capital and across the Oromia region could be seen on social media.

After COVID-19 cases continue to rise in Botswana, the government decreed a new lockdown, since July, 31. Therefore, the Intellectual Property Authority (CIPA) IP Division is closed and will not receive any electronic filings and payments for all patents, trademarks, industrial designs and all other IP applications, until further notice.

- Previous applications: This procedure also applies to applications that have been received before the closure and will be processed only after the office reopens.

The Industrial Property Law of Mozambique (31 December 2015) established the requirement to submit a declaration of intention to use (DIU) for trademarks. Unlike other Lusophone jurisdictions (eg, Portugal or Angola), where use of a mark is mandatory for the goods and/or services identified, the DIU system maintains the exclusive rights to a mark regardless of whether it is being used in the territory.

Although the use of trademarks, as a means to distinguish the goods of merchants and manufacturers, dates back to antiquity, the emergence of service marks is significantly more recent.

Nigeria is the seventh most populated country in the world and Africa's largest economy, with a gross domestic product estimated at $508 billion. The country produces oil and gas and is continuing to grow in other sectors (eg, agriculture, telecommunications and services). However, Nigeria still follows the 1965 Trademarks Act and the 1967 Trademarks Regulations, which are outdated and lack the rules to meet the existing needs of local and foreign trademark owners in the jurisdiction. Fortunately, this looks set to change.

The United Nations Environment Programme (UNEP) defines the ‘green economy’ as “the low carbon, resource efficient and socially inclusive economy”.

Inventa International has been recognized by the Leaders League in 2020 Portugal Ranking in 3 categories: Best Firms for Trademark Prosecution, Best Firms for Patent Prosecution and Best Law Firms for IP Litigation.

The majority of IP practitioners have had to adapt their routines to the current pandemic and create new working habits. This has meant remote working, which is running smoothly thanks to the availability of online tools and access to IP asset management platforms. Many IP offices have had to implement different practices, which has been challenging as some cases require immediate response. This article focuses on the obstacles raised by the covid-19 pandemic with regard to the administrative processes of IP rights in Cape Verde.