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Enforcement of IPRs in Angola

Angola

Enforcement of IPRs
Cheaper alternatives and their availability in the market are the causes of counterfeiting and piracy in Angola.
Medicines and medical equipment are the goods that most often face counterfeiting and piracy in Angola.
No
The laws include – The Industrial Property Act, Law no 3/92 of 1992, Chapters IV ‐ VII; Industrial Property Act, Law no 3/92 of 1992, Chapter II, Industrial Property Act, Law no 3/92 of 1992, Chapter III, Copyright Act, Law no 4/90 of 1990 on Authors’ Rights, Decree of 2005 on Video- grams and Phonograms, Industrial Property Act, Law no 3/92 of 1992, Chapters IV ‐ VII, Chapters IV – VII deal with marks, so‐called awards, business names andemblems, and indications of origin.
Trademarks, Copyright and Related Rights, Patents, and Designs are the different types of IPRs protected by IPR enforcement in Angola.
Provisional protection is given to a trademark application. The total protection is given from the grant of the trademark registration. Thus, trademark rights are not established without registration. Only registration confers proprietary rights. The effect of registration, therefore, is attributive of ownership. For successful enforcement, registration is a must in Angola.
Since the laws and mode of practice are different and all the measures are not found within the legislations, it is advised to consult a legal counsel practicing in Angola to understand the general practice thereof before exposing oneself to the risk of legal implication.
No, there is no time limit for filing an infringement action, that is, the infringement action can be filed until the infringement is occurring.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
No
There is no typical time frame for infringement or dilution actions. They are lengthy and can last for years.
The proceedings may be lengthy and costly.
Yes
Yes
A) Responsible Authority - Criminal Court of Law or any other competent court
B) Imprisonment Term - Trademarks: 03 months; Patents: up to 06 months; and Copyright: not mentioned in the Act
C) Monetary Fine - Patents: between New Kwanza (NKz) 20,000.00 and NKz 100,000.00, but may extend up to 50,000NKz in certain instances; Copyright: fine of up to 100,000 Kz
No
The proceedings may be lengthy and costly. Also, in some instances, the trademark infringement may not be countered by effectual imprisonment.
ADR techniques are not available in Angola.
Yes
Yes
The remedies available under border control measures (customs) in Angola include destruction of goods and a fine.
If an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs, the goods are released from detention to allow their commercial use as per the choice of the importer/exporter.
Court proceedings
The Angolan IP law does not establish the infringement proceeding, which brings in a lot of ambiguity in the realm of enforcement of IPRs in general.