Constitución del Instituto Propiedad Intelectual de Cabo Verde, Cabo Verde

SERIES I – NO. 22 “OFFICIAL JOURNAL” OF THE REPUBLIC OF CAPE VERDE –

JUNE 14, 2010

STATUTES OF THE INSTITUTE OF INTELLECTUAL PROPERTY OF CAPE

VERDE (IPICV)

CHAPTER I

Nature, headquarters and aim

Article 1

Nature

1. The Institute of Intellectual Property of Cape Verde (IPICV) shall be a public

authority, with legal personality and autonomy with regard to administrative

and financial affairs and assets. It shall be both a public institution and a body

governed by public law.

2. IPICV shall be governed by the provisions of the present Statutes and other

legislation applicable to public institutions.

3. IPICV shall operate under the supervision of the Ministers for Industry and

Culture.

Article 2

Headquarters

The headquarters of IPICV shall be located in the city of Praia. In the exercise of its

activities, IPICV may open or close delegations or other forms of representation at

any location within the national territory.

Article 3

Aim

1. The aim of IPICV shall be to promote, defend and protect intellectual property,

both at the national and international level.

2. When working to achieve its aim IPICV shall act in accordance with the policy of

modernization and strengthening of national entrepreneurial infrastructure, in

order to facilitate and promote the establishment of ownership of intellectual

creations and the development of a competitive and innovative national

intellectual sector.

Article 4

Tasks

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With a view to achieving its aim, IPICV shall be responsible for carrying out the

following tasks:

(a) implementing and inspecting compliance with the standards, directives and

guidelines which govern industrial property rights, copyright and related rights,

taking into account the social interest and technological, economic and cultural

development of Cape Verde;

(b) promoting the actions necessary for the granting and protection of industrial

property rights, copyright and related rights and contributing to the establishment

of fair competition;

(c) contributing to the setting­out of specific intellectual property policies and

assisting in the implementation of the measures arising from such policies;

(d) presenting the Government with proposals for the improvement and development

of legislation on industrial property and copyright and related rights, and ensuring

the respective compliance;

(e) presenting the Government with proposals for measures aimed at establishing and

modernizing the protection of intellectual property;

(f) advising the Government on issues relating to intellectual property in the field of

the public economy;

(g) cooperating with international bodies and institutions specializing in the field of

intellectual property and of which Cape Verde is a member and ensuring that

Cape Verde shall be represented in the meetings and activities of said bodies, in

particular with regard to the management of conventions, treaties, agreements and

regulations, through cooperation with the government body responsible for

foreign affairs;

(h) ensuring the granting and protection of industrial property rights, copyright and

related rights, while seeking to strengthen fair competition and to combat

usurpation, piracy and counterfeiting, cooperating with national and international

bodies working in the field of intellectual property violations;

(i) processing applications for patents, utility models, industrial designs and

registration of trade marks, trade names and emblems of establishments,

appellations of origin, geographical indications and logos, as well as carrying out

the respective classification;

(j) encouraging and processing registration of copyright and related rights;

(k) maintaining up­to­date records of the rights granted and the respective

amendments, thus ensuring the existence of a permanent archive of certified

information and means of proof necessary for the resolution of intellectual

property disputes;

(l) publishing, under the terms established by law, acts, rulings and other elements

relevant to intellectual property;

(m)disseminating technological and intellectual information, with a view to fostering

the spirit of invention and innovation. Adopting measures which encourage

technology transfer and the use of patents, through the mobilization of

partnerships with public and private teaching and research institutions, civil

society and with fund­holders, for the purposes of technological development and

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innovation and the maximizing of access to public information deposited with

IPICV;

(n) cooperating closely with Cape Verdean professional organizations, bodies and

orders within the field of intellectual property, in order to improve productivity

and competitiveness in Cape Verde;

(o) promoting the use of intellectual property together with the academic, scientific

and business communities;

(p) providing information on intellectual property rights protection systems, as well

as on protected patent rights and the state of the art.

(q) fostering and promoting the creation and registration of copyright and related

rights together with civil society and the public and private sectors;

(r) promoting the comparative study of laws governing copyright, industrial property,

unfair competition, technology transfer and consumer protection, in order to foster

development and harmonization in that field;

(s) promoting work placements in the fields of industrial property, copyright and

related rights, and organizing courses, seminars and conferences in cooperation

with national and international intellectual property experts;

(t) any tasks conferred upon it by law or regulations.

CHAPTER II

Organization and functioning

Section I

General Structure

Article 5

Bodies and Services

IPICV shall have its own bodies and services, which shall be responsible for carrying

out the actions required for the achievement of the Institute’s aim and the completion

of its tasks.

Article 6

Bodies

The following shall be bodies of IPICV:

(a) the President;

(b) the Administrative Council;

(c) the Advisory Committee.

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Article 7

Services

The following services shall carry out the tasks assigned to IPICV:

(a) the Directorate for Industrial Property;

(b) the Directorate for Copyright and Related Rights;

(c) the Directorate for Administrative and Financial Services;

(d) Directorate for Information, Innovation Promotion and Protection Services.

Article 8

Other organizational units

1. IPICV shall have two departments which are necessary for the efficient

functioning of the Institute.

2. The establishment, organization and functioning of the two departments

referred to in the preceding paragraph shall be the subject of rules of

procedure approved by the Administrative Council.

3. The services shall be organized according to the horizontal and vertical

criteria of specialization of functions considered to be most appropriate for the

proper performance of the tasks allotted to IPICV and the rational use of its

resources.

Section II

Organs

Subsection I

President

Article 9

Appointment

The President shall be appointed by order of the Prime Minister, following nomination by

those Ministers responsible for supervising IPICV.

Article 10

Competencies

1. The President of IPICV shall be the single executive body and shall have

exclusive competency to run the Institute, as well as to:

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(a) represent the Administrative Council;

(b) direct and coordinate the activities of IPICV;

(c) represent IPICV in and out of court;

(d) deal with relations with public and private, national and international

institutions;

(e) convene and chair the meetings of the Administrative Council and to

arrange for the implementation of the decisions taken at those

meetings;

(f) sign documents, attestations and certificates relating to intellectual

property rights;

(g) authorize the spending necessary for the functioning of IPICV up to

the amount approved by the Administrative Council;

(h) prepare and promote the approval, application, implementation and

alteration of draft forward­looking management tools, the presentation

of accounts and of the rules of procedure of IPICV;

(i) ensure the implementation of management policies and the standards

governing the functioning of IPICV;

(j) ensure the implementation of the deliberations of the collegiate bodies

of IPICV and the decisions of the supervisory body;

(k) manage the human, material and financial resources of IPICV;

(l) take disciplinary action against IPICV staff, in accordance with the

law;

(m) ensure the representation of IPICV within committees, working groups

or other activities of national and international bodies active in the

fields of industrial property, copyright and related rights;

(n) carry out those acts inherent in the running of IPICV;

(o) carry out any other tasks conferred upon him/her by the supervisory

Ministers or as delegated by the Administrative Council, as well as

those that, under the terms of the law and regulations, fall within

his/her remit.

2. The President of IPICV shall also be responsible for:

(a) devising the institution’s strategic development plan;

(b) devising the institution’s commercial policy;

(c) devising the rules of procedure of the institution.

3. The President may delegate his competencies to the other members of the

Administrative Council.

4. The President may, exceptionally, and for urgent and duly substantiated

reasons and in cases where it is difficult to convene the Administrative

Council, carry out any acts that shall be within the competency of the Council,

which must, however, be ratified at the next meeting.

5. Should he be unable to attend or absent, the President shall be replaced by a

member of the Administrative Council, nominated by the Council and

appointed by the supervisory Ministers.

Subsection II

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The Administrative Council

Article 11

Administrative Council

1. The Administrative Council shall be the coordinating body of IPICV with regard

to management of administrative and financial affairs, as well as assets.

2. The Administrative Council shall be made up of the President and two other

members, appointed from among a body of individuals with proven technical

competence and integrity, under the terms of Article 9 of the present Statutes.

Article 12

Competencies

1. The Administrative Council shall be competent to:

(a) approve its own rules of procedure;

(b) approve the management plan, supervising the financial and

administrative management of IPICV;

(c) define the internal organization of IPICV, submitting plans for

approval to establish services and units and the respective regulations

to the supervisory Ministers;

(d) prepare and submit to the supervisory Ministers proposals contained in

the annual activities and budget plan, as well as the report on

activities;

(e) promote the preparation and approval of management accounts and

submit them to the Court of Auditors, within the legal time period;

(f) authorize the spending provided for in the IPICV budget and ensure

the collection of revenue;

(g) decide on the granting, renewal and revocation of trade marks, patents,

utility models and registrations of industrial property rights, copyright

and related rights, and alterations thereto;

(h) submit, for the approval or authorization of the supervisory bodies, the

minutes and documents which, under the terms of the law and these

statutes, must be submitted;

(i) oversee the activities of the institution;

(j) discuss borrowing and the issuing of bonds by the institution, under

the terms of the law;

(k) approve the institution’s strategic plan;

(l) approve the institution’s commercial policy;

(m) establish working groups or frameworks for projects aimed at carrying

out activities which cannot be undertaken by a single organizational

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unit on its own and establish their mandate, composition and way of

functioning;

(n) inspect compliance with the legal precepts governing the institution;

(o) contract third parties to provide services and prepare studies, as well as

carry out purchase and supply for IPICV, with a view to the Institute

carrying out its tasks correctly, and oversee the execution of those

contracts, in accordance with the legislation in force;

(p) set the fees and charges payable for the services provided by IPICV;

(q) exercise any other functions and carry out any other acts necessary for

the completion of the tasks of IPICV, which are not within the

competency of the other bodies.

2. The Administrative Council shall also be responsible for submitting the

following for assessment and final decision by the supervisory bodies:

(a) the interim management tools approved each year by the Council;

(b) the IPICV’s salary scale;

(c) the IPICV Staff Regulations and list of staff members;

(d) the establishment of delegations and other forms of representation of

the institution in Cape Verde.

3. The Administrative Council may delegate the competencies provided for in

the indents of paragraph 1 to any one of its members, along with the power to

sub­delegate.

Article 13

Functioning of the Administrative Council

1. The Administrative Council shall meet for ordinary sessions once a month, and

for extraordinary sessions whenever it is convened by the President, acting on his

own initiative or at the request of a Council member.

2. In order for the deliberations of the Administrative Council to be valid, the

majority of its members must be present.

3. All IPICV staff members may take part in the meetings of the Administrative

Council, without voting rights, as may anyone else, even if not employed by

IPICV, on the condition that the President has no objection, bearing in mind the

items on the working agenda.

Subsection III

Article 14

Advisory Committee

1. The Advisory Committee shall be a body of an advisory nature which shall be

the competent authority, in general, regarding assessment of the activities

carried out by IPICV and provision of advice in that respect.

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2. The Advisory Committee shall be chaired by the President of IPICV and shall

also be made up of at least four individuals recognized for their achievements

in the fields of art, economics, science and technology in Cape Verde, in

particular with regard to intellectual property.

3. The individuals referred to in the preceding paragraph shall be appointed by

the supervisory Ministers.

Article 15

Competencies of the Advisory Committee

The Advisory Committee shall be competent to:

(a) analyze the implementation of intellectual property administration and

management policies within the scope of the decisions of the State and to

propose actions to the supervising Ministers that will ensure the correct

implementation of those policies;

(b) examine the annual and multi­annual activity plans and programs, as well as

the respective implementation reports, issuing the corresponding opinions;

(c) issue an opinion on the establishment or abolition of structures within IPICV;

(d) issue opinions on any matters relating to management of financial affairs and

assets which might be submitted for its attention;

(e) issue an opinion on the approval of the rules of procedure of IPICV;

(f) issue opinions on other matters inherent in the execution of the tasks and the

functioning of IPICV.

Article 16

Functioning of the Advisory Committee

The Advisory Committee shall meet every six months for ordinary sessions, and for

extraordinary sessions whenever it is convened by the President acting on his own

initiative or at the request of at least one third of the Committee’s members.

Subsection IV

Common provisions

Article 17

Mandate

The duration of the mandate of the officers of the bodies of IPICV shall be 3 (three)

years, and shall be renewable.

Article 18

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Minutes

Minutes of all the meetings of the bodies of IPICV shall be recorded in a book kept for

that specific purpose and, following approval, shall be signed by all of those who took

part in those meetings.

Section III

Services

Subsection I

Directorate for Industrial Property

Article 19

Competencies

The Directorate for Industrial Property shall act within the field of private industrial

property rights, with the aim of ensuring national and international protection, through

the granting and protection of trade marks, awards, appellations of origin, trade names

and emblems of establishments, logos, designs, patents, utility models, supplementary

protection certificates and topographies of semi­conductor products, and shall have

competency, in particular, to:

(a) ensure the receipt, deposit, when it arises, and transmission of requests for

national and international registration of the various forms of industrial

property;

(b) carry out the formal and in­depth examination of requests for protection of the

various forms of industrial property, assessing compliance with the legislation

and the established criteria;

(c) carry out the acts relating to the granting, refusal, maintenance, alteration and

lapse of industrial property rights and to make the corresponding entries in the

records;

(d) prepare attestations, certificates, titles and other documents that serve as proof

of registration;

(e) cooperate with the competent bodies in carrying out preventive or repressive

actions with regard to industrial property violations and unfair competition;

prepare opinions and reports and provide the necessary information;

(f) prepare information for publication in the Industrial Property Journal;

(g) study technical proposals for projects, agreements and treaties relating to the

various forms of industrial property and give them due consideration, issuing

an opinion with regard thereto;

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(h) develop strategies and policies with regard to cooperation, financing,

development and promotion of industrial property.

Subsection II

Directorate for Copyright and Related Rights

Article 20

Competencies

The Directorate for Copyright Services shall act within the scope of copyright and

related rights, with the aim of ensuring the protection and exploitation of the

copyright and related rights, and shall be responsible, in particular, for:

(a) ensuring the national registration of works, computer programs, databases and

related rights;

(b) verifying the authorship of works, computer programs, databases and related

rights;

(c) carrying out acts relating to the protection of moral rights and equity claims,

copyright and related rights;

(d) guaranteeing the exploitation of registered works, computer programs, databases

and related rights and the payment of authors, performers, producers of

phonograms and videograms and broadcasting organizations for their services;

(e) preparing certified copies, certificates and titles, as well as other documents

serving as proof of registration;

(f) cooperating with the competent bodies in the execution of preventive or

repressive actions related to infringements of copyright and related rights,

preparing opinions and reports and providing any necessary information;

(g) organizing and regularly updating systems providing information on registered

copyright and related rights;

(h) examining, monitoring and assisting in the use of registered Cape Verdean works,

computer programs, databases and related rights;

(i) ensuring the protection and exploitation of Cape Verdean works, computer

programs, databases and related rights, all of which competencies may be

delegated to any institution considered to be appropriate;

(j) studying technical proposals for draft documents, agreements and treaties

concerning the field of copyright and related rights, issuing the competent

opinions due with regard thereto;

(k) developing cooperation, funding, development and promotion strategies and

policies for copyright and related rights.

Subsection III

Directorate for Administrative and Financial Services

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Article 21

Competencies

The Directorate for Administrative and Financial Services shall be responsible for

promoting the study and implementation of measures designed to improve the

functioning of IPICV with the aim of ensuring the management, organization and

administration of human and financial resources, as well as assets. In particular, the

Directorate shall be responsible for:

(a) promoting the preparation of staff management tools and indicators;

(b) carrying out the administrative procedures related to staff recruitment and

movements, as well as those acts inherent in the corresponding legal

framework;

(c) studying and proposing staff training and motivational measures;

(d) proposing and providing support for the implementation of measures

concerning the organization and simplification of working procedures and

methods;

(e) promoting staff training and education actions;

(f) organizing and maintaining the staff register and ensuring that registration

and monitoring are carried out thoroughly;

(g) ensuring the receipt, registration, classification, distribution and dispatch

of correspondence;

(h) promoting the systematic improvement of budgetary management,

implementing cost­control techniques and participating in IPICV’s budget

preparation process;

(i) preparing draft budgets and ensuring that they are implemented;

(j) verifying, classifying and processing documents concerning revenue and

expenditure and carrying out the corresponding accounting;

(k) preparing financial management tools and indicators while observing

public accounting principles;

(l) ensuring the movement of cash flows and balancing the books on a

monthly basis;

(m) ensuring the management of IPICV’s assets and maintaining an inventory

of movable and immovable property.

Subsection IV

Directorate for Information, Innovation Promotion and Protection Services

Article 22

Competencies

The IPICV Directorate for Information, Innovation Promotion and Protection Services

shall be responsible for: disseminating and promoting opportunities in terms of industrial

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property, copyright and related rights together with economic, artistic, cultural,

intellectual and academic agents; protecting the various rights covered by registration;

organizing, processing and maintaining technical information pertaining to those sectors.

In particular, the Directorate shall be responsible for:

(a) organizing and maintaining a specialized library on industrial property,

copyright and related rights and ensuring public access to the IPICV’s

archives;

(b) dealing with and promoting the selective dissemination of technological

information contained in patents and other documents relating to industrial

property;

(c) promoting the creation of technological information centers for firms and

carrying out awareness­raising concerning the industrial property system in

order to foster creativity and innovation regarding production and marketing

processes;

(d) editing IPICV publications and carrying out microfilming and reprographic

work, as well as promoting the publication of the Industrial Property Journal;

(e) guaranteeing IPICV’s public relations and providing information to users;

(f) maintaining up­to­date information on new information technologies, making

proposals concerning the procurement of IT equipment and products;

(g) promoting the development and improvement of software and other IT

applications appropriate for the IPICV’s areas of action, in particular with

regard to bibliographical and management information concerning patent,

mark, registration and deposit processes;

(h) maintaining IT equipment allocated to IPICV, in accordance with the relevant

technical standards;

(i) carrying out the safety, verification and maintenance procedures necessary for

the proper functioning of existing applications and ensuring the correction of

anomalies or malfunctions;

(j) providing user support and managing the distribution of resources and the

IPICV IT network in line with the needs of the various services;

(k) promoting participation in national and international information networks

with a view to the establishment and use of an industrial property database;

(l) deciding, on behalf of the bodies of IPICV, on an interpretation of industrial

property standards, copyright and related rights, as well as the legal

framework in general, proposing internal standards and guidelines on the

application and observance of the legislation in force;

(m)encouraging observance of the Constitution and other legislation applicable to

IPICV;

(n) cooperating with the competent institutions in the fight against counterfeiting,

piracy and corruption;

(o) receiving requests, information, claims and suggestions and analyzing and

processing in a suitable fashion and, when necessary, forwarding, such

communications to the competent bodies and institutions for due

consideration.

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CHAPTER III

Oversight

Article 23

Oversight

1. The government ministers responsible for the fields of industry and culture

shall also provide oversight concerning IPICV and shall hereafter be referred

to as the Oversight Bodies.

2. The Oversight Bodies shall be responsible for:

(a) providing guidance in terms of IPICV activities, setting out targets,

objectives, strategies and policy/administrative criteria, providing a

sectoral and global framework for IPICV within the public

administration;

(b) approving the regulations of IPICV;

(c) approving IPICV’s management planning tools and the documents

presenting the accounts prior to their transmission to the Court of

Auditors;

(d) approving the staff regulations, the posts, careers and salaries scheme,

the pay scale and IPICV staffing levels;

(e) proposing to the Prime Minister and endorsing nominees for positions

in IPICV’s management bodies;

(f) appointing the heads of IPICV;

(g) requesting and obtaining necessary or appropriate information on the

execution of IPICV programs and budgets and on the implementation

of the respective assignments;

(h) authorizing borrowing, when permitted by law;

(i) authorizing the acceptance of donations, bequests, and/or legacies

which have been contested or which shall be subject to charges;

(j) authorizing the acquisition, encumbrance and alienation of immovable

and movable assets subject to the registration of IPICV’s private

assets;

(k) suspending, or revoking, under the terms of the law, those acts of the

specific bodies of IPICV, which violate the law or which may be

considered to be fundamentally inappropriate or inconvenient in terms

of the public interest;

(l) replacing the bodies of IPICV, on behalf and in the interests of IPICV,

in order to make up for negligence or inaction on the part of those

bodies, in cases in which those bodies are legally bound to act;

(m)monitoring and inspecting the functioning of IPICV;

(n) ordering inquiries, investigations or inspections of IPICV;

(o) setting the remunerations of the President and the two members of the

Administrative Council;

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(p) any other duties entrusted to them by law or by the statutes.

CHAPTER IV

Administrative, Financial and Asset Management

Section I

Administrative and Financial Management

Article 24

Principles

IPICV shall be duty­bound to observe the following principles when

carrying out administrative and financial management functions:

(a) management by objectives, designed to promote action at all

levels;

(b) results­based budgetary control, taking into account the necessary

basis for the measurement of its services’ productivity;

(c) an integrated information management system, taking into account

the movement of information necessary for the preparation and

proper implementation of programs;

(d) the observance of legal regulations.

Article 25

Management tools

1. IPICV shall use the following management tools:

(a) annual and multi­annual activity and financial plans;

(b) annual budgets;

(c) financial expenditure plans;

(d) annual activity and accounting reports.

2. The accounting activities of IPICV must include an analytical component

that guarantees appropriate and permanent budgetary control and easy

verification of the relationship existing between asset values and financial

values and the corresponding accounting elements, as well as the

measurement of the share of each individual organizational unit in the cost

structure of each service.

3. In order to meet the needs provided for in the above paragraph, IPICV

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shall implement the current accounting plan for public institutes, adapted

to the specific circumstances of IPICV, basically using it as a

management tool.

Article 26

Assets

The assets of IPICV shall be made up of the entirety of its goods, rights and duties.

Article 27

Revenue

The following items shall constitute the revenue of IPICV:

(a) the proceeds of fees collected as a result of the deposit and registration of the

various forms of intellectual property, in particular patents, utility models,

industrial designs, marks, trade names and emblems of establishments, logos,

appellations of origin, geographical indications and awards, as well as other sums

of money that may be paid to IPICV.

(b) the proceeds of fees collected as a result of the registration of works and a

percentage, to be set through a joint directive of the government Ministers

responsible for oversight, of the proceeds of the economic exploitation of the

works registered.

(c) the proceeds of the sale of services and publications;

(d) other sums arising from disposal of assets;

(e) State budget allocations;

(f) allocations, contributions and subsidies granted to IPICV by any public or private

bodies, be they national or foreign;

(g) donations and subsidies originating from individuals or collectives, be they

national or foreign;

(h) any other revenue allocated by law, contract or any other act.

Article 28

Expenditure

The following items shall constitute expenditure of IPICV:

(a) operating costs;

(b) procurement, maintenance and other costs inherent in the exercise of IPICV’s

functions;

(c) any other necessary costs related to the carrying­out of IPICV’s activities.

Article 29

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Implementation of funds and reserves

1. The following minimum reserves, use of which shall be subject to approval by the

Administrative Council and to ratification by the Oversight Bodies, have been

established to channel income:

(a) the Research Fund;

(b) the Investment Fund;

(c) the Fund for Annual Contributions to Regional and International

Organizations.

2. A specific account has been set up for IPICV’s funds to be deposited at the Bank

of Cape Verde, movements of these funds being subject to the terms of the law

and requiring the joint signatures of the President of the Administrative Council

and the Administrative and Financial Director of IPICV, or those of their

respective acting replacements.

Section II

Inspection and Presentation of Accounts

Article 30

Liability to Inspection

1. IPICV shall be liable to inspection by the Court of Auditors.

2. IPICV shall be liable to other inspections and the presentation of accounts in the

forms, under the terms and within the time periods legally established for public

institutes.

3. The financial activities of IPICV shall be liable to inspection by the Inspectorate

General of Finances.

4. The administrative, economic, financial and asset management of IPICV shall all

be liable to independent external audit, following a decision of the Oversight

Bodies and/or of the government Ministers responsible for the fields of Public

Administration and Finances.

Article 31

Referral

The administrative and financial management of IPICV shall be governed by the laws

on public accounting.

CHAPTER V

Staff

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Article 32

Legal Regime and Staff

1. The staff of IPICV shall, in general, be governed by the regulations applicable to

individual employment contracts and, in particular, by the provisions of the

respective staff regulations.

2. The IPICV staff establishment plan , as well as the respective Regulations, shall

be approved though a joint directive of the government Ministers responsible for

the fields of Industry, Culture, Finances and Public Administration.

Article 33

Mobility

1. The officials of the central public administration, public institutes and local

autonomous authorities, as well as the workers of public firms, may be called on to

perform duties within IPICV, on secondment or on temporary assignment, their original

posts and the rights acquired in those posts being guaranteed and all the time spent in the

service of IPICV being taken into account when calculating length of service at their

bodies of origin.

2. The staff of IPICV may be called on to perform duties for the State within other

public institutes or local autonomous authorities, as well as in public firms, on

secondment or on temporary assignment, their original posts and the rights acquired in

those posts being guaranteed and the period during which they performed duties within

those bodies being taken into account when calculating length of service at IPICV.

3. Officials employed by the State, public institutes or local autonomous authorities

who perform duties within IPICV under the terms of paragraph (1) shall continue to be

governed by their own disciplinary regime, it, however, being the duty of the

Administrative Council to exercise the corresponding disciplinary power during their

period of service within IPICV.

Article 34

Confidentiality

1. The members of the bodies of IPICV, the respective staff and those

individuals or bodies, public or private, that provide those bodies with any

services, be it on a permanent or occasional basis, shall be subject to

professional confidentiality regarding any information to which they may be

party during the performance of their duties or while providing the

abovementioned services. They may not, for any reason whatsoever, disclose,

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or use, for personal benefit or for the benefit of others, directly or through a

third party, such information.

2. Professional confidentiality must be maintained even when the individuals or

bodies subject to that regime under the terms of the previous paragraph no

longer provide services for IPICV.

3. Without prejudice to the resulting civil and criminal liability, the infringement

of the duty of confidentiality established under the present Article, when

committed by a member or staff member of one of the bodies of IPICV, shall

result in disciplinary measures corresponding to the seriousness of the

infringement being taken against the offender. Such measures may include

dismissal and the rescinding of employment contracts and, in cases involving

infringements committed by individuals or bodies linked to IPICV by a

provision of service contract, the Administrative Council shall have the right

to rescind the corresponding contract unilaterally and immediately.

Ministers Fátima Maria Carvalho Fialho ­ Fernanda Maria de Brito Leitão

Marques Vera­Cruz Pinto

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