JuriSTEP
SAO TOME AND PRINCIPE
use.
5. The right of the user that sub-paragraph (d) refers to can only be
transferred or vacant to a company that have made use or preparations
to use the patent.
Article 9
Annulment
1. Any person with interest can present to a Court a claim of annulment
of the patent.
2. The Court declares the patent void if the plaintiff offers evidence that
the requirements of Articles 2, 3 and 5, and paragraphs number 3, 4
and 5 were not fulfilled, or if the owner of the Patent is not the
inventor or its legitimate successor 1.
3. The final decision of the Court is notified to the National Service for
Intellectual Property that registers it and publishes it as soon as
possible.
4. Any patent annulled or any claim or part of claim annulled is
considered void with effect from the date of the grating of the patent.
CHAPTER III
D ESIGNS AND INDUSTRIAL MODELS
Article 10
Definition industrial designs
1. Under this Law, any assembly of lines, colours or any forms of three
dimensions, associated or not to lines and colours, shall be considered
an industrial design, since that assembly or that form provide for a
special aspect to an industrial or craft product and can be used as a
model for manufacturing an industrial or craft product.
2. The protection provided by this Law does not include the elements of
an industrial design that are used only for obtaining a technical effect.
Article 11
Conditions of registry of industrial designs
1
Translation note: the wording corresponds to the official Portuguese version. A systematic
reading of the provision allows us to conclude that paragraphs 3, 4, and 5 refer to Article 5.
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