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Amendments to Trademark Laws

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Mrz 02, 2016 (Newsletter Issue 4/16)
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New Industrial Property Code Approved

The new Mozambique Industrial Property Code (New IP Code) was approved by the Council of Ministers of Mozambique by Decree no 47 of 2015, on December 31, 2015. The New IP Code will come into force on March 31, 2016 and will replace the 2006 Industrial Property Code (the "2006 IP Code").

Differences between the 2006 IP Code and the New IP Code relate mainly to revised time periods, re-wording and clarification of certain sections, administrative and format revisions. A limited number of substantive legal changes have been made. The New IP Code was not published for comment and concerns pertaining to issues such as delays in handing down decisions by the Administrative Courts have not been addressed. Short, unextendable deadlines for responding to official actions and provisional refusals have been retained.

With regards to trademarks, the following amendments can be reported:
- The New IP Code extends comparison of marks upon examination to “related” or similar goods and services.
- Opposition period will be thirty days of the advertisement with a further extension for another sixty days
- It is no longer essential to show that the declaration of intent to use a mark should relate to all goods or services included in the registration.

Further, the industrial property bulletin will soon be published monthly instead every two months.

A summary of the most important changes concerning can be seen here

Source: Spoor & Fisher, South Africa