JuriSTEP
SAO TOME AND PRINCIPE
1. a) Any change of property of a Patent, of a certificate of a utility
model, of a certificate of registry of a industrial model, or of a
certificate of registry of a mark or of a collective mark, as well as any
change of property of an application for any of those titles, shall be
made in writing and be included in the registry upon request to the
Director of Industry. Any such change is not effective against third
parties before its inscription in the registry;
b) Any change of property concerning the registry of a collective mark
or to an application for registry of a collective mark shall be previously
approved by the supervising minister;
c) Any change of property of a tradename shall follow the transference
of the company or of the part of the company identified by the name,
and shall be made in written;
d) However, a change of property of registry of a mark or a collective
mark is not valid if it is likely to mislead or to create confusion,
notably regarding the nature, the origin, the manufacturing process,
the characteristics or its adjustment to the use that is destined, of
products or services for which the mark or the collective mark shall be
used;
e) A copy of each agreement of licence concerning a registered patent,
industrial model or mark, or concerning an application for any of those
titles shall be submitted to the Director of Industry, who shall not
disclose its content, but inscribes and publishes a mention of it. A
licence agreement is not effective against third parties before the
inscription is done.
2. a) Any licence agreement concerning the registry of a mark or the
application for registry shall provide for the effective control of the
licensor over the quality of the products or services for which the mark
will be used. If the agreement does not provide for such quality
control or in the event this control is not effective, the licence
agreement shall not be valid and the exclusive right provided in Article
19, paragraph 1 and 2 cannot be exercised;
b) The registry of a collective mark or the application for a registry of
such mark cannot be subject to a licence agreement.
Article 28
Agent
1. When a depositor has domicile or his main place of activity outside
Sao Tome and Principe, he shall be represented by a resident agent in
Sao Tome and Principe.
Agents recognized by the Department of Industry are excused from the
presentation of the respective power of attorney, except in case of
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