JuriSTEP
INTELLECTUAL PROPERTY LAW
PREAMBLE
Whereas it is necessary to provide Sao Tome and Principe with a legal
framework to protect the intellectual property;
Considering the conditions for implementing new techniques in Sao Tome
and Principe and adapting the existing techniques to the country needs,
and the access to foreign techniques, it is necessary:
I)
A legal and administrative framework that encourages the
inventive spirit of the Santomeans, promotes the investments in
every sectors that use inventions, and that allow the evaluation,
the selection and the acquisition in reasonable conditions, and to
absorb of the foreign techniques, as well as its adaptation to the
needs of Sao Tome and Principe;
II)
A competent Administration that enforces an effective policy in
the domain of intellectual property and that it is endowed with
necessary financial resources for the enforcement of such policy
provided by an approved system of duties;
III)
International and intergovernmental cooperation, especially in
the areas of investigation, of the examination and of the
documentation;
Whereas the protection of inventions is a very important element of that
legal and administrative framework, as it encourages the invention spirit,
stimulates the investigation and investment, and makes possible the
creation of industry and the development of the agriculture;
Whereas the need to encourage and to stimulate the national innovation
and benefit the national inventive activity;
Whereas the need to promote Sao Tome and Principe in the international
trade, facilitating the commercial relationships and protecting the consumer
against any confusion regarding products, services or companies;
Considering that, to promote the national and international trade against
confusion and fraud, it is convenient to protect and regulate efficiently the
trade marks, the tradenames, the indications of source and of origin, and
to efficiently punish the unfair competition;
Recognizing the need to stimulate and to protect Santomenean craft
industries;
Recognizing also the need to encourage the development of the profession
of agent of intellectual property;
Considering beyond any doubt that the rights granted to protect the
inventions should have as compensation above all the obligation of
appropriate exploration of the inventions patented in Sao Tome and
Principe and the use of the trade marks and of the tradenames in a way to
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