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

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

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
With the London Annual Meeting behind us, we look back at some of the lessons learned this week and ahead to what 2027 will bring
In-house counsel aren’t impressed with law firms’ international networks, but practitioners say they are crucial for business
Publication of the UPC’s annual report and adoption of the procedural rules of the Patent Mediation and Arbitration Centre were also among major developments
With the INTA Annual Meeting drawing to a close, we asked attendees for their top tips on how to close business after a meeting
Senior UK judges discussing the impact of AI on the judiciary, and the role of in-house IP lawyers during corporate transactions and carve-outs were among the top talking points
Tarun Khurana, founding partner of Khurana & Khurana, discusses juggling tasks, why every hour has a value, and the importance of ‘trusting the process’
Annual Meeting hears that IP firms are targeting hires with technical literacy in a fragmented landscape, and that those that build an online presence will distinguish themselves from the digital chaos
Gift this article