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  • Intellectual property framework

    Overview

    Intellectual property is a right protected by the Constitution of the Republic of Angola. The fundamental intellectual property framework in Angola is provided in 2 main acts: the Legal Regime for the Protection of Copyright and Related Rights and the Industrial Property Law.

  • Commercial contract framework

    Overview

    Angolan law lays down a general principle of contractual freedom, which means that parties are mostly free to establish the terms and conditions to be observed by the contracts they enter into (exceptions are made to mandatory rules legally imposed which will depend on the specific contractual relationship) and are entitled to enter into contracts provided for in the law, but also into contracts that are not provided for in the law.

    Angolan law does not establish a unitary act or set of rules applicable to all commercial contracts. Depending on the specific contractual relationship, commercial contracts may be subject to the provisions of the Civil Code, Commercial Code, Copyright and Related Rights Law, and the Industrial Property Law as well as other specific legislation.

    The aforementioned set of rules changes according to the specific contract in question.

  • Copyrights

    Nature of right

    Copyright covers original literary, scientific and artistic intellectual creations, or works. Registration is not required for the acquisition or maintenance of copyright rights; however, there are certain specific copyright-related acts subject to registration in order to be valid.

    In Angola, copyright comprises economic and moral rights.

    In the scope of economic rights, copyright owners have the exclusive right to use, enjoy and dispose of their work, or to authorize the use of the work, wholly or in part, by third parties.

    Moral rights consist in the right to claim authorship of the work, as well as the right to ensure its genuineness and integrity.

    Legal framework

    Copyrights are governed by Law No. 15/14 of July 31, which introduced the Legal Regime for the Protection of Copyright and Related Rights.

    Duration of right

    As general rule, moral copyrights are unlimited in time and, therefore, are inalienable and imprescriptible. With respect to economic copyrights, copyright protection lasts for a term of 70 years, counted as of January 1 of the first year after the death of the author, as well as through the life of the author.

    In the case of works in collaboration, copyright expires 70 years after the death of the last surviving author. As per collective works or works originally assigned to a corporate person, copyright expires 70 years from the date of the first licit publication or disclosure, except if the individuals who create it were identified in the version of the work available to the public.

    For an anonymous work, or work that was legally published or disclosed without identifying the respective author, protection is for 70 years after publication or disclosure.

    Please note that, with respect to applied arts and photographic works, economic copyrights protection lasts for a term of 45 years, counted as of January 1 of the first year after the death of the author.

    Economic copyrights related to a broadcaster last up to 35th calendar year after the broadcast.

    Ownership / licenses

    Moral rights are inalienable.

    The copyright owner, as well as their successors or assignees, may authorize the use of the work by third parties or assign economic rights, wholly or partially.

    Granting an authorization to third parties in order for them to divulge, publish, use or explore the work does not imply the transfer of copyright rights.

    Authorization shall only be granted in writing, mandatorily including the parties involved, the title and type of the work, the rights concerned, the duration, place and price conditions.

    Please note that the assigns are only effective against third parties when registered.

    Remedies for infringement

    The copyright owner may request payment of compensation by the agent for damages and losses to repair the damage suffered as a result the infringement, as well as payment of expenses caused by that infringement, which may include legal expenses.

    The amount of the compensation is determined in accordance with the civil liability regime provided for by the Angolan Civil Code, taking into account the amount of material and moral damage suffered by the copyright owner, as well as the profit obtained by the offender.

    When it is proven that the infringing copies affect a right, the Court may order, ensuring that the penalty is proportionate to the seriousness of the offense and taking into account the legitimate interests of third parties, the destruction of those copies and their packaging or their elimination of trade channels by any other reasonable means, without compensation of any kind, in order to avoid any damage to the copyright owner.

  • Mask works / topographies

    Nature of right

    Mask works and topographies are not separately protected under Angolan law. They may be protected under patent law or by way of confidentiality.

    Legal framework

    Angolan has enacted no specific rules on protection of mask works or topographies. Although Angola is part of the WTO and has approved the TRIPS Agreement, it has not yet implemented any rules on mask works or topographies protection.

    Semiconductor technology, generally, and topographies, in particular, may be protected under the traditional intellectual property rules applicable to all types of technology, particularly patent law and the rules on confidential information. Therefore, matters such as the duration of the relevant rights, ownership and remedies depend on the type of protection used in connection with each specific mask work or topography.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

     Not applicable for this jurisdiction.

    Remedies for infringement

    Not applicable for this jurisdiction.

  • Patents

    Nature of right

    Patent rights cover new inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.

    An invention shall be considered new if it does not form part of the state of the art, which comprises everything, inside or outside the country, made available to the public by means of a written or oral description, by use, or in any other way, before the date of filling of the patent application.

    An invention shall be considered involving an inventive step if it is not obvious to a person skilled in the art.

    An invention shall be considered susceptible of industrial application if it can be made or used in any kind of industry, including agriculture, fishing and handicraft.

    A national patent confers on its owner the exclusive right to exploit the patented invention in Angolan territory.

    Legal framework

    Patents are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 2 to 14)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19
    • Cooperation Treaty patent (PCT) approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Duration of right

    Patent protection is granted up to a maximum period of 15 years from the date of filling of the patent application.

    Ownership / licenses

    Patents can be transferred in writing, by means of public deed, whether or not for financial reward.

    Patents may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses shall be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including patent rights, the court may, at request of the interested party, order the appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a patent may be also punishable as crime with imprisonment up to 6 months or a fine.

  • Trademarks

    Nature of right

    A trademark is a sign that distinguishes a company's goods or services, from the goods and services provided by other companies. There are 3 types of trademarks, namely:

    • Nominative: when constituted by letter(s) or word(s)
    • Figurative: consisting of figures or images and
    • Mixed: when it includes a combination of figures and words or letters in its constitution.

    The registered trademark confers to the owner, the right to prevent third parties that do not have their consent from using in the course of trade any sign which is identical or similar to the trademark in relation to goods and/or services which are identical or similar to those for which the trademark is registered.

    Legal framework

    Trademarks are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 29 to 40)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Angola is not a party to either the Madrid Agreement or the Madrid Protocol. As such, International Registrations (IRs) cannot be extended to Angola. Angola's accession to the Madrid Agreement and/or the Madrid Protocol is currently the subject of consultation, but the position is unlikely to change for a number of years to come.

    Duration of right

    National trademark registrations remain valid for 10 years starting from the date of filing of the application and may be indefinitely renewed for equal periods.

    Ownership / licenses

    Trademarks can be transferred in writing, wholly or partially, whether or not for financial reward. A transfer of the whole of the undertaking shall include the transfer of the trademark except where there is agreement to the contrary or circumstances clearly dictate otherwise.

    Trademarks may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including trademarks, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Trademark infringement is punishable as crime with imprisonment up to 3 months or a fine.

  • Trade secrets

    Nature of right

    Trade secrets are not protected as property in Angola. However, the Angolan Industrial Property Law, in the chapter related to Crimes of Unfair Competition, characterizes as crimes certain conducts involving the unauthorized use of trade secrets. As a result, there is legal protection against the violation of trade secrets.

    Legal framework

    Trade secrets are addressed in article 73 of the Angolan Industrial Property Law.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

    Not applicable for this jurisdiction.

    Remedies for infringement

    Remedies available for infringement of trade secrets can include criminal remedies (imprisonment and monetary fine) and civil remedies (injunction to prevent the continuation of infringements and damages).

    Trade secret violation is punishable with a fine, if a more serious sanction does not apply by applying the provisions of the penal code and Law No. 9/89 (Law on Crimes Against the Economy).

  • Other key IP rights

    Nature of right

    Design

    Industrial design means any new arrangement or set of lines or colors that, for industrial or commercial purposes, can be applied to the ornamentation of a product by any manual, mechanical, chemical, simple or combined process.

    The registered design confers to the owner the right to prevent third parties that do not have their consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.

    Industrial designs

    Industrial designs

    Legal framework

    Design

    Designs are governed by Chapter III of the Industrial Property Law (Articles 15 to 28).

    Duration of right

    Design

    Designs registrations remain valid for 5 years starting from the date of filing of the application and may be renewed for 2 consecutive times of 5 years each.

    Ownership / licenses

    Design

    Designs may be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Design

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including designs, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a registered design may be punishable with a fine.

  • Intellectual property in employment context

    Employees

    As a general rule, the copyright over a work made under a labor agreement or in compliance with functional obligations is determined by agreement between the parties. In case no agreement exists, it is presumed that the ownership over the work belongs to the respective intellectual creator. In cases where there is a service provision contract, the property rights over the work are transferred to the contractor or entity represented by it.

    The right to patent shall belong to the inventor or their successors in title. Notwithstanding, if an invention was made during the performance of an employment contract in which inventive activity is provided for, the right to the patent belongs to the employer.

    Consultants / contractors

    In principle, consultants and contractors will retain ownership of the intellectual property developed by them, unless otherwise agreed by the parties or provided for in the law.

  • Key commercial contract considerations

    Registration of commercial agreements

    There are no general registration requirements for commercial contracts under Angolan law; however, certain exceptions may arise. Furthermore, Industrial Property Rights licenses are subject to registration within the Angolan Industrial Property Institute (IAPI) in order to be enforceable against third parties.

    Recognized language of commercial agreements

    There are no general requirements under Angolan law that provide that contracts must be written in Portuguese. However, in certain cases – for instance, contracts with consumers – the Portuguese language is mandatory, and, if the contract is to be used in specific situations – for example, for purposes of evidence in court or used with public authorities – translation to Portuguese is required.

    Country-specific issues for online content

    Electronic contracts are regulated under Presidential Decree No. 202/11 of July 22.

    Enforceability of online/clickwrap/shrinkwrap terms

    Contracts may be concluded electronically, provided that it does not affect its validity or effectiveness due to the use of this medium. Please note that general contractual clauses requiring electronic conclusion of consumer contracts are prohibited.

    The provider shall make available to the recipients, before the conclusion, unambiguous minimum information including (i) the contract conclusion process, (ii) whether or not the contract is stored by the service provider and accessibility by the recipient, (iii) the language or languages in which the contract may be concluded, (iv) the technical means which the provider makes available so that errors of introduction which may be contained in the order form may be identified and corrected, (v) the contractual terms and general clauses of the contract to be concluded, (vi) the codes of conduct subscribed and information on how to consult them electronically  and (vii) the effective technical means which allows the recipient to identify and correct inserted errors.

    Governing law

    The interpretation and enforceability of contracts is a matter of governing law. The choice of law by the parties is accepted as a general principle, except when otherwise provided for by law; please, however, note that, in certain cases, there are rules of mandatory application – for instance, in the scope of contracts concluded with consumers.

  • Key commercial contract terms

    Enforceability of warranty disclaimers

    This will depend on the specific warranty. Notwithstanding, the law may provide some restrictions on the enforceability of warranty disclaimers (eg, for reasons of consumer protection).

    Enforceability of exclusions/limitations of liability indemnification

    As general rule, the enforceability of exclusions or limitation of liability is limited under Angolan law. According to civil law, limitation of liability or exclusion of liability concerns the grounds of liability itself and the damages and losses. The law is not absolutely clear when dealing with the matter; therefore, some hold the opinion that the law does not prevent clauses limiting or excluding liability for acts of mere negligence, while others suggest that all clauses of exclusion or limitation are completely null and void.

    Indemnification

    Indemnification clauses in contracts are, in principle, enforceable, but may be subject to restrictions provided for in the law. It is relatively common to stipulate in commercial agreements that the indemnifying party will indemnify and hold harmless the other party against claims of third parties related to the subject matter of the agreement.

    Electronic signatures

    According to Angolan law, a qualified electronic signature is equivalent to an autographic signature in paper documents. An electronic document shall only be deemed to be signed for purposes of evidence where it meets the requirements set by the law on electronic signature and certification.

  • Key contacts
    Murillo Costa Sanches
    Murillo Costa Sanches
    Of Counsel DLA Piper [email protected] T +351 213 583 659 View bio
    Joni Garcia
    Joni Garcia
    Associate DLA Piper ADCA Angola [email protected] T +244 926 612 525

Other key IP rights

Legal framework

Angola

Design

Designs are governed by Chapter III of the Industrial Property Law (Articles 15 to 28).

Argentina

Industrial designs

Industrial models and designs are protected by Decree 6673/1963, as amended. They are also protected in accordance with the Trips Agreement and the Paris Convention.

Australia

Not applicable.

Austria

Not applicable for this jurisdiction.

Belgium

Not applicable for this jurisdiction.

Brazil

Not applicable for this jurisdiction.

Canada

Industrial designs

Rights are only available by registration under the relevant statute.

Chile

Industrial designs and industrial drawings are protected under Law 19,039 on Industrial Property. They can also claim copyright protection.

The authority responsible for registration is the National Institute of Industrial Property (INAPI). Every drawing and industrial design shall visibly bear the words "Dibujo Industrial" or "Diseño Industrial" or the initials "D.I." and the registration number – for example, on the packaging – provided that this is presented to the consumer sealed in such a way that it is necessary to destroy it in order to gain access to the product. The omission of this does not affect the validity of the industrial design or industrial drawing but deprives the rights holder of the power to enforce criminal penalties.

China

Not applicable for this jurisdiction.

Colombia

Industrial designs

Decision 486 dated 2000 issued by CAN and the Sole Circular issued by the Superintendency of Industry and Trade govern industrial designs. Moreover, Colombia became party to the Paris Convention for Protection of Industrial Property, the Agreement on Trade-Related Aspects of Intellectual Property Rights, the Locarno Agreement, and the Convention on Industrial Property executed by and between Colombia and France.

Czech Republic

Not applicable for this jurisdiction.

Denmark

Designs

Designs are governed by:

  • The Danish Design Act (LBK 89 29/01/2019) based upon EU Directive 98/71/EC of 13 December 1998 on the legal protection of designs. The Act allows design rights to be obtained through registration.
  • European Council Regulation No. 06/2002 of 12 December 2001 on Community designs. The regulation allows design rights to be obtained through registration or through use, and use in this context means making the design available to the public.

Finland

Not applicable.

France

Registered designs

Registered designs are governed by Part V of the French Intellectual Property Code.

Databases

Databases are governed by:

  • Articles L. 111-1 et seq. and R. 111-1 et seq. for copyright protection and
  • Part V of the French Intellectual Property Code (Articles L. 341-1 et. seq. and R. 341-1 et. seq.) for the sui generis protection, which implements the EU Directive 96/9/EC of March 11, 1996 in France.

Germany

The Design Act (Designgesetz) governs the protection of national designs, and the Community Design Regulation governs the protection of Community Designs.

Germany is also party to the Hague Agreement Concerning the International Registration of Industrial Designs.

Hong Kong, SAR

Under the Registered Designs Ordinance, a design is registrable if it is new at the filing date of the application or the priority date. A design would be regarded as “new” if:

  1. it has not been previously registered for the same or any other article or
  2. it has not been previously published or disclosed in Hong Kong or elsewhere.

A registered design application will only be subject to a formality examination, meaning that the Registry of Designs will only decide whether the applicant has filed the necessary information and documents in support of the application. However, the Registry will not conduct any substantive examination to consider or assess the registrability of the design.

Hungary

Not applicable for this jurisdiction.

India

Not applicable for this jurisdiction.

Indonesia

Industrial designs

Law Number 31 of 2000 on Industrial Design (Industrial Design Law) is the governing statute for industrial design in Indonesia.

Ireland

Designs

The Industrial Designs Act 2001, supplemented by the Industrial Designs Regulations 2002 (as amended) govern the protection of national designs in Ireland. The Community Design Regulations No. 6/2002 govern pan European registered design rights and introduced the concept of an unregistered design right into Irish law.

Accordingly, design rights can arise from a national registered design right or as part of a European registered or unregistered design right. 

Israel

Designs

The Designs Law 2017 (Designs Law) governs the protection of designs from August 7, 2018.

Until such time the protection of designs was governed by the Patent and Designs Ordinance.

Italy

Sections 31 and subsequent of the Industrial Property Code apply to registered designs.

Regulation (EC) No. 6/2002 applies to both registered and non-registered EU designs.

Japan

Not applicable for this jurisdiction.

Luxembourg

Not applicable for this jurisdiction.

Mexico

Not applicable.

Netherlands

Not applicable for this jurisdiction.

New Zealand

Designs are a registered right governed by the Designs Act 1953.

Nigeria

  • Patents and Designs Act CAP P2 Laws of the Federation of Nigeria 2010.
  • In 1963, Nigeria ratified the Paris Convention for the Protection of Industrial Property. The agreement seeks to protect intellectual works across all convention countries.
  • In 1995, Nigeria ratified the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS Agreement provides a uniform minimum standard for the regulation of intellectual property by national governments.

Priority

Priority registrations are permitted in Nigeria. The application for priority registration must be made within 6 months of the earlier application in the convention country. The applicant must furnish the Registry with a copy of the earlier application within a 3-month period after filing in Nigeria. Once completed, the registration in Nigeria equates to an application made in the convention country of origin.

Norway

Design

Designs are governed by the Norwegian Design Act (designloven).

Peru

Andean Community Decision 486 (Industrial Property Act).

Philippines

Not applicable in this jurisdiction.

Poland

The owner of an industrial design registered with the Polish Patent Office may pursue claims on the basis of the Industrial Property Law and the Act on Combating Unfair Competition as well as the Act on Copyrights and Related Rights.

In the case of community designs, Council Regulation (EC) No. 6/2002 of 12 December 2001 on community designs applies.

Poland is also a signatory to the Hague Agreement (since July 2, 2009).

Portugal

Logos

Logos are governed by Title II, Chapter VI of the Industrial Property Code (Articles 281 to 298).

Romania

Industrial designs are governed by Law no. 129 of December 29, 1992 on the protection of industrial designs.

Russia

Not applicable.

Saudi Arabia

Not applicable.

Singapore

Not applicable for this jurisdiction.

Slovak Republic

Utility models

The utility models as the object of the legal protection are defined by the Slovak Act No. 517/2007 Coll. on utility models, as amended (Act on Utility Models). The application for utility model and its requirements is further regulated by the Decree of the Industrial Property Office of the Slovak Republic No. 1/2008 Coll., which implements the Act on Utility Models. In order for the Industrial Property Office to grant the protection to a utility model, it is necessary to submit a utility model application to the Industrial Property Office, which will register the utility model when the conditions for its registration are fulfilled.

Designs

Designs are regulated in the Slovak Act No. 444/2002 Coll. on designs, as amended (Act on Designs). The application for design and its requirements is further regulated by the Decree of the Industrial Property Office of the Slovak Republic No. 629/2002, which implements the Act on Designs.

South Korea

Not applicable for this jurisdiction.

Spain

Not applicable.

Sweden

Not applicable.

Switzerland

Not applicable for this jurisdiction.

Taiwan, China

Not applicable for this jurisdiction.

Ukraine

Industrial designs

The landscape for industrial designs in Ukraine includes the Civil Code of Ukraine dated January 16, 2003 and the Law of Ukraine "On Protection of the Rights to Industrial Designs" dated December 15, 1993. In addition, Ukraine is a member to the Paris Convention for the Protection of Industrial Property, Patent Law Treaty and Hague Agreement Concerning the International Registration of Industrial Designs.

United Arab Emirates

Not applicable.

United Kingdom

Passing off

Case law governs actions for passing off. Such actions are not the subject of legislation, although it is possible to rely on passing off to oppose trademark applications by third parties under trademark law.

Designs

The Registered Designs Act 1949 (as amended) governs registered designs. The Copyright Designs and Patents Act 1988 (as amended) governs unregistered designs.

United States

Not applicable for this jurisdiction.