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. 9

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