Update On Registry Payment Procedures

Pursuant to Executive Decree No. 21/97, read together with Executive Decree 30/11, the Ministry of Finance recently announced a change in the payment procedure for all Public Departments including the Industrial Property Office.

Effective from 1 March 2018, all payments relating to industrial property deeds must be made at the Tax Office, into the sole treasury account, on the presentation of a payment note issued by the Industrial Property Office. The Tax Office will then issue a revenue collection document, which must be submitted to the Industrial Property Office. In the circumstances, any person interested in making payment of official fees will first need to obtain a payment note from the Industrial Property office, then make payment of the official fees at the Tax Office and, thereafter, submit the application together with the stamped payment note and revenue collection document to the Industrial Property Office.

The payment note must be stamped by the Tax Office and submitted to the Industrial Property Office, together with the revenue collection document, on the same date on which payment is made. Alternatively, the applicant will have 24 hours from the date on which the payment note is issued within which to submit its application to the Industrial Property Office failing which, additional costs will be incurred.

In light of the recent announcement, and in particular where there are prescribed deadlines within which to submit any documents to the Industrial Property Office, we recommend that the necessary time allowance be made for the additional administrative process.

PROTECTION OF WELL-KNOWN TRADE MARKS IN ANGOLA

Although no express provision is made for the protection of well-known marks in the Angolan Industrial Property Act, 3/92 of 1992, well-known marks are in fact afforded some protection in Angola.

In practice, the Registrar will refuse or annul a trade mark if it constitutes a reproduction, imitation or translation of a mark that is well-known in Angola, if it is used for identical or similar goods or services and is liable to cause confusion. A mark may also be refused or annulled where the mark, although used on goods or services that are not identical, constitutes a reproduction, imitation or translation of another mark that enjoys high renown in Angola, and the use of the mark is intended to take unfair advantage of, or may be detrimental to the distinctive character or renown of the mark.

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