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 2025

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

This year’s most-read stories covered uncertainty at the USPTO, a potential boycott of a major international IP conference, rankings releases, and a contempt of court proceeding
The parties have agreed on a court-guided settlement covering Pantech’s entire SEP portfolio, marking a global first
The introduction of Canada’s patent term adjustment has left practitioners sceptical about its value, with high fees and limited eligibility meaning SMEs could lose out
With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
Gift this article