Angola

The People’s Republic of Angola includes the enclave of Cabinda. It is bordered in the north and north-east by Democratic Republic of Congo, on the east side by Zambia, on the south by Namibia and on the west by the Atlantic Ocean. Cabinda, which is physically separate from Angola proper, is surrounded on its landward side by the People’s Republic of the Congo (Brazzaville) and Democratic Republic of Congo.

General information

• Capital: Luanda
• Population: 12.2 million
• Area: 1 246 700 km2
• Languages: Portugese – official language
• Exports: Crude oil; diamonds; refined petroleum products; coffee; timber; cotton
• Imports: Machinery and electrical equipment; vehicles and spare parts; medicines; food; textiles and clothing
• Currency: New Kwanza (NKz)

Trademarks

Law:

Law no. 3/92, published February 28, 1992

International Conventions:

WIPO, WTO

Requirements for Application:

(a) Power of attorney, legalised up to Angolan consular level
(b) If applicant is a company, certified copy of certificate of incorporation together with sworn Portuguese translation, legalised up to Angolan consular level.
(c) Statement of use if the trade mark has been used in Angola, legalised up to Angolan consular level.
(d) Ten prints – word and device marks.

Classification:

International classification of goods and services. A separate application is required for each class. Old Portuguese 5 item rule applied.

Procedure:

Examination for inherent registrability and conflict with prior registrations or pending applications.

Opposition:

Opposition is possible, although it is not provided for under the relevant law. Trade mark office currently permits opposition to be lodged within two months following advertisement of the application.

Use:

A trade mark must be used in order to avoid cancellation. However, there is no mention of a specific time period.

Duration and Renewal:

A trade mark registration is effective for an initial period of ten years and, thereafter, renewable for like periods.

Licensing/Registered Users:

Licensing is recognised. Recordation of the license agreement is required to be legally binding. Licensing agreement must provide for quality control by the licensor.

Requirements:

(a) License agreement in Portuguese or with sworn translation, legalised up to Angolan consular level;
(b) Power of attorney from the proprietor legalised up to Angolan consular level;
(c) Power of attorney from the user legalised up to Angolan consular level.

Assignments:

Assignments are possible and may be made with or without goodwill of the business.

Requirements:

(a) Deed of assignment in Portuguese or with sworn translation legalised up to Angolan consular level;
(b) Power of attorney from the assignee legalised up to Angolan consular level.

Marking of Goods:

Notice of registration by use of the legend ‘Marca Registrada’ or suitable abbreviation (eg. ‘M.R.’) or symbol ® optional.

Canned goods and foodstuffs must be marked or labelled with net weight and country of origin. Containers of sterilised milk and condensed milk must also be labelled with directions for use in Portuguese.

Patents

General:

Patent protection is obtainable via a national filing. Angola is a member of the International Convention, PCT and WTO.

Patentable Subject Matter:

An invention is patentable, if it is new, if it represents an inventive activity and if it is susceptible to industrial application. Scientific theories and ideas and any ideas not susceptible to industrial application;
financial schemes or programs, credit operations, and gambling rules;
food products, and chemical - pharmaceutical and medicinal products for human or animal consumption (although the apparatus and processes for the manufacturing thereof are patentable).

Filing Requirements:

Certain documents need notarization and legalization up to Angolan Consular level

Novelty:

An invention is considered to be new if it has not been made available to the public by means of a written or oral description, or by disclosure in any other way anywhere in Angola or abroad. A grace period of six months prior to the date of filing, or the priority date is available where the disclosure is a result of direct or indirect acts carried out by the applicant or his legal predecessor, or of an abuse perpetrated by a third party.

Examination:

This is limited to formal examination only

Duration/Maintenance:

Patents are valid for fifteen years from the date of filing subject to payment of annual maintenance fees on the anniversary of the filing date. A six months grace period is available for late renewal.

Working:

The invention must be worked within three years from the date of grant and should not be interrupted for longer than one year, except in a case of proven force majeure. In the absence of working or if working has been interrupted for a period of more than one year, or if exploitation is not meeting market demands, a compulsory non-exclusive licence may be granted.