Feb 16, 2023 (Newsletter Issue 3/23)
Accession to the Madrid System and the Hague System
On 6 February 2023, Mauritius deposited its instrument with WIPO of accession to the Madrid Protocol. It also deposited its instrument of accession to the 1999 Geneva Act of the Hague Agreement.
The Madrid Protocol and the 1999 Act will enter into force in Mauritius on 6 May 2023.
Source: www.wipo.int
Jun 02, 2022 (Newsletter Issue 7/22)New Industrial Property Act in ForceOn 31 January 2022, the new Industrial Property Act 2019 came into force. The new Act brings together all matters relating to industrial property in a single statue. It further modernises the IP law in Mauritius and brings it in line with international standards.
The framework for the protection of the law consists of the following five legal acts:
1. Patent, Utility Models, Patent Cooperation Treaty;
2. Layout-Designs of Integrated Circuits;
3. Protection of New Varieties of Plants;
4. Industrial Designs governed by the Hague Agreement;
5. Marks, Trade Names, Geographical Indications, Madrid Protocol.
View our previous news here or check out more information here Source: www. spoor.com Oct 08, 2020 (Newsletter Issue 16/20)
Accession to Lusaka Agreement
On September 25, 2020, the Republic of Mauritius deposited its Instrument of Accession to the Lusaka Agreement of December 9, 1976 establishing the African Regional Intellectual Property Organization (ARIPO) with the Director General of ARIPO.
In accordance with Article XVI (3) of the Lusaka Agreement, Mauritius became a full member of ARIPO but has not yet acceded to the Harare or Banjul Protocols. Therefore, Mauritius cannot be designated in trademark, design or patent applications filed via the ARIPO system.
At present, Mauritius' new Industrial Property Act 2019 does not contain provisions on the recognition of intellectual property rights granted through the ARIPO system. This would need to be changed in order to accede to the Harare or Banjul Protocols.
Source: www.aripo.org; www.adams.africa
Oct 21, 2019 (Newsletter Issue 15/19)Industrial Property Act 2019 PublishedOn August 10, 2019, the new Industrial Property Act 2019 was published in the Official Gazette after its approval of the Interim President of the Republic of Mauritius. The Act essentially aims to modernise the IP framework in Mauritius, promote innovation and facilitate the registration of industrial property rights. It also provides for Mauritius' accession to the Treaties administered by WIPO. It is not yet clear when the Act will come into effect. The date on which it will enter into force needs to be determined by the proclamation. Different dates may be set for the entry into force of different sections.
The most important changes regarding trademarks are the following:
- Allowance of registration of a mark by more than one owner may be determined by the registrar
- Prior user of an unregistered mark may oppose a trademark application by submitting evidence
- Initial applications may be divided into several applications that will retain the filing date and rights of priority of the initial application
- Rights conferred by the registration of a mark will not extend to acts relating to articles put on the market in Mauritius by the registered owner or with his consent (national exhaustion)
- Application for certification marks and for geographical indications possible
For more Information, please click hereSource: www.ensafrica.com, www.foreign.govmu.org Feb 01, 2017 (Newsletter Issue 3/17)Draft Industrial Property BillThe Government of Mauritius intends to adopt a comprehensive Bill covering all aspects of Industrial Property Rights, tentatively at the first session of the National Assembly in 2017. A Draft version of the Bill has been uploaded on the website of the Ministry of Foreign Affairs, Regional Integration and International Trade here which was open for public comments.
A brief summary of the proposed changes of the Bill is outlined below:
- Definition of a trade mark has been extended to also cover collective and certification marks. Specific grounds for the invalidation of a certification mark were added, but no similar provisions for collective marks are included.
- Grounds for refusal of a trade mark expanded, the most notable being that a mark shall not be registered if it consists exclusively of the shape of the goods or where the shape is necessary to obtain a specific technical result.
- Registration of a trade mark on the basis of honest concurrent use or other special circumstances may be permitted.
- The Bill provides that if a filing formality deficiency is notified, the applicant has two months to correct that deficiency. The filing date then becomes the date of correction of the deficiency, rather than the original filing date.
- The Bill also provides for the division of an application into two or more applications, which will then be treated independently, retaining the original filing date. (Useful when facing citations)
- A remedy for unregistered marks is provided – The earlier user of a trade mark that is neither registered nor the subject of a pending application, will entitle the owner to oppose a confusingly similar trade mark by presenting the relevant evidence of such use.
- International exhaustion of rights – the right to be accorded by the registration of a trade mark shall be exhausted once the product is put in the market by the registered proprietor or with his consent in Mauritius or any other country in the world.
More information can be seen here
Source: www.foreign.govmu.org and Adams & Adams, South Africa Feb 18, 2013 (Newsletter Issue 2/13)
Official Fees Increased
The official fees have been increased by 5% effective as from January 1, 2013.
The official trademark application fee for registration is MUR 3,150 for one mark in any two classes. Each additional class is MUR 1,575.
Source: De Comarmond & Koenig (International), Mauritius
Apr 05, 2011 (Newsletter Issue 6/11)
Opposition Period and Official Fees Changed
The Mauritius Industrial Property Office has changed the oppositon period for national trademarks from 3 months to 2 months, effective from February 26th, 2011.
Furthermore, the official trademark fees have been changed as well. The official trademark application fee for registration is now USD 163.00 (approx. EUR 115.00) for one mark in any two classes. Each additional class is USD 55.00 (approx. EUR 39.00).
Source: De Comarmond & Koenig (International) Mauritius
Etude Philips International Ltd, Mauritius
Legal basis is the Industrial Property Act 2019 which came into force on 31 January 2022.
The new Act can be seen here www.mauritiustrade.mu/ressources/pdf/industrial-property-act-2019.pdf
Trademark protection is obtained by registration
Well known trade marks are recognised
Nice classification
Registrable as a trademark are all visually perceptible signs or combination of signs, including distinctive words, letters, numerals, figures, pictures, a combination of colours, the shape of goods or parts of the goods, or the packaging or other conditioning of goods.
The following trade mark types are registrable: trademarks, service marks, collective marks; in addition, business identifiers such as trade names can be registered.
Trademark applications are filed in ‘paper format’ at the Mauritius Industrial Property Office (IPO) located in Port Louis.
In order to receive an application date and number, the application fees must be paid before 2:30 PM.
Multi-class applications are admissible.
Foreign applicants need to be represented by a legal practitioner admitted in Mauritius.
A power of attorney signed by the applicant and registered at the Registrar General of Mauritius needs to be submitted together with the application, or within two months (this term can be extended at the discretion of the Controller).
The official examination includes a trademark search and the Industrial Property Office can refuse a trademark application for absolute and relative grounds.
After registration, the trademark is published for opposition in the Mauritius Government Gazette. The Gazette is published weekly in paper format.
National:The opposition period is 2 months from the publication date of the registration.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years from the filing date of the application for registration. Renewal is possible for subsequent periods of 10 years. A trademark may be renewed during the period of six months preceding the expiry date.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official trademark application fee is MUR 6,000 for one mark in one class and MUR 2,000 for each additional class.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.