Portugal: New IP Code in Mozambique

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Portugal: New IP Code in Mozambique

Among Portuguese-speaking countries in Africa, one of the recent events regarding IP which deserves to be highlighted is the approval, in Mozambique, of the new Industrial Property Code (IPC) by Decree number 47/2015, published in the Boletim da República (Official Gazette) of December 31 2015, which comes into effect 90 days after its publication.

This new Code improves the drafting of some of its articles in an attempt to overcome doubts regarding the interpretation thereof, amends several deadlines aiming at a swift processing of the cases submitted to the Industrial Property Institute (IPI) and provides as well additional instruments for impugnation of a decision issued by the IPI.

The new drafting of number 3 of the IPC's article 162 clarifies that with respect to the deadline for the submissions of the Declaration of Intent to Use (DIU) for international trade mark registrations, the date to take into account will be the filing date of the mentioned application at WIPO's International Bureau.

With regard to patents, the main amendments introduced in the new Code bring the Mozambican legislation closer to the practices required for long in most of the countries/organisations and they do not constitute a novelty for the applicants of patent applications.

The major alteration in this IPC as far as patents are concerned is the substantive examination. Contrary to what happened before, the patent applicant will have to request that examination and pay the respective fees within 36 months after the filing date in Mozambique, while previously it was sufficient to comply with the formal requirements for the application to be published and granted.

Additionally, in the scope of this new IPC it was bestowed to the Inspecção Nacional das Actividades Económicas [National Inspection of Economic Activities] the responsibility to investigate the violations typified in Article 212 of the new IPC.

Lastly, this new Code stipulates that the Official Bulletin will be published monthly and that any gap in this new IPC will be regulated by the civil and criminal rules which do not contradict the industrial property principles.

Therefore, it is with great expectation that we wait to see how this new legislation will be enforced and if the changes introduced in it will result in benefits to all the economic agents.

Goncalves_Marcia
Matosa_Marco

Márcia Gonçalves

Marco Matosa


Raul César Ferreira (Herd) SARua do Patrocínio 941399-019 Lisboa, PortugalTel: +351 213 907 373Fax: +351 213 978 754mail@rcf.ptwww.rcf.pt

more from across site and SHARED ros bottom lb

More from across our site

Richard de Bodo, who had a lengthy career at international firms, shares how he will address client needs and praises the unique offerings of smaller firms
An Australian top court decision clarifying honest concurrent use and wins by publishers against AI platforms were also among the top talking points
AIPPI has pulled the plug on its planned 2027 World Congress, and INTA has delayed hosting a meeting there, but the concerns won’t abate
Despite being outspent by a wealthy opponent, a trial attorney at King & Spalding says ‘relentless pursuit of the truth’ helped his team secure a $420m damages award for mobile gaming client
190 drugs face loss of exclusivity between 2026 and 2030, with the list including Bristol Myers Squibb’s blood-thinning drug Eliquis and immunotherapy medication Opdivo
Nokia, represented by a team from Bird & Bird, adjudged to have made fair offer to Asus and Acer in UK SEP dispute
Azhar Sadique and Kane Ridley, who founded the London office in 2023, are now both working in legal tech and AI-related roles, while another UK-based lawyer has also left
Partner Pierre Pérot rejoins the firm he left in 2022 alongside another returning lawyer, associate Camille Abba
Vaping dispute, in which Stobbs and Brandsmiths are the representatives, tested how the UK's Human Rights Act can apply to injunctions restraining unjustified threats
An AI platform being sold for £40m, and lateral hires involving law firms Womble Bond Dickinson and Cadwell Thomas were among the top talking points
Gift this article