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

Cookies Settings

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

The firm launched a San Diego office earlier this month, but California investment and expansion is far from complete
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The firm is looking beyond replacing recently departed talent, betting instead on senior leaders to strengthen and expand its patent litigation platform
Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Ana Castedo, who brings a strong focus on patent litigation, will help build the firm’s IP litigation offering in Madrid
A former scientist, inventor and now a patent practice leader, Hanane Fathi Roswall shares her views on leadership, diversity, the rise of AI and the promise of the UPC
With rumours that a third IP judge could yet join the England and Wales High Court, we run through some potential names while practitioners outline the importance of a well-stocked bench
Gift this article