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ARTICLE · 18 SEPTEMBER 2020

Is Covid-19 A Force Majeure For Trademark Use In Angola?

In March, the Angolan government declared a state of emergency due to the outbreak of covid-19, enforcing mandatory lockdowns and the closure of all establishments ...

AngolaIntellectual Property

In March, the Angolan government declared a state of emergency due to the outbreak of covid-19, enforcing mandatory lockdowns and the closure of all establishments trading non-essential goods and services. This lasted approximately one month, and since then the subject of the mandatory use of trademarks has frequently arisen.

The exception provided in Article 39(d) of the Angolan IP Law – which determines that trademark registration may expire due to non-use for a period exceeding two years, except in the case of a duly justified force majeure  –was applicable during the state of emergency. Fortunately, the country's state of emergency was a justified reason for force majeure. However, as the state of emergency has now been lifted and economic activity has largely resumed, the question arises as to whether covid-19 is still a justified reason for non-use. Since the relevant legislation refers to the force majeure generally, rather than defining concrete grounds

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