Africa: New Industrial Property 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

Africa: New Industrial Property Code in Mozambique

ip-code-mozambique-min-final.jpg

The Council of Ministers of Mozambique approved a new Mozambique Industrial Property Code on December 31 2015, which will come into force on March 31 2016, replacing the 2006 Industrial Property 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. Some of these changes are that the deadline within which to submit outstanding documents (such as powers of attorney) or to provide information to the Industrial Property Institute (IPI) upon request, has changed to 30 days – extended from 15 days. Furthermore, the deadline for appealing against the Director General's decision has been brought forward by 30 days.

An interesting development is that the new IP Code now provides for the provisional refusal of a patent, utility model or industrial design application by the Director General. In addition, the new IP Code makes provision for any person who feels that the grant of an industrial design or utility model would be detrimental to him is entitled to oppose the application.

With regard to trade marks, the new IP Code expands the comparison of marks upon examination to "related" or similar goods and services. Opposition deadlines have been brought forward by 30 days. Thus, oppositions must be lodged within 30 days of advertisement and a further extension for another 60 days is provided for.

An important development is that it is no longer essential to show that the declaration of intent to use a mark (DIU) should relate to all goods or services included in the registration. Furthermore, DIUs must now be lodged every five years, calculated from the original application date of the International Registration.

Finally, the IPI Bulletin will now be published monthly, instead of bi-monthly which will provide interested parties with a better opportunity to consider advertised marks for opposition purposes.

van-der-Merwe

Marco van der Merwe


Spoor & Fisher 

Building No. 13 

Highgrove Office Park 

Oak Avenue 

Centurion 

Pretoria, 0157 

Republic of South Africa

info@spoor.com 

www.spoor.com



more from across site and SHARED ros bottom lb

More from across our site

Amita Haylock discusses building an integrated Asia practice as clients increasingly demand that firms combine IP, technology and data expertise
François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
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
Gift this article