Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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

Africa: Mozambique joins ARIPO trademark system

Sponsored by

spoor-fisher-400px.png
Trademark Registration Concept

In an important development, Mozambique has joined the African Regional Intellectual Property Organisation’s (ARIPO) registration system for trademarks. It has been a member of the system for patents for some time.

ARIPO is a regional IP registration system that applies in what are mainly English-speaking African countries. The trademark component of the ARIPO system is regulated by a document known as the Banjul Protocol. On May 15 2020 Mozambique announced that it had acceded to that document with effect from August 15 2020.  

The effect of this is that it will in future be possible to designate any or all of the following countries in an ARIPO trademark application: Botswana, Eswatini, Lesotho, Liberia, Malawi, Mozambique, Namibia, Sāo Tomé e Principe, Uganda, Tanzania (mainland) and Zimbabwe.

A few points are worth making:

· There have been doubts as to whether ARIPO trademark registrations are in fact valid in certain member countries. These doubts stem from the fact that some of the member countries, particularly so-called “British law countries”, have not specifically incorporated the Banjul Protocol into their national laws. No such doubts arise with Mozambique – not only is it not a British law country, but the legislation, the Mozambique Industrial Property Code of 2016, makes specific provision for what are referred to as  “regional registrations.”

· In Mozambique, trademark owners are required to file a Declaration of Intent to Use (DIU) every five years. The code says that these provisions will apply mutatis mutandis to regional registrations. Therefore companies that obtain trademark registration in Mozambique through the ARIPO system will need to file DIUs. It seems that the five-year term will run from the date on which ARIPO notifies the Mozambique Registry of having received an application designating Mozambique.

· Despite the fact that in Mozambique national trademark applications must be filed in Portuguese this appears not to be the case with ARIPO registrations, which can seemingly be filed in English.

Jennifer Colantoni

more from across site and ros bottom lb

More from across our site

The Supreme Court, which is hearing two IP cases this week, should limit the power of US courts to rule on foreign sales
Safety standards wouldn’t lose copyright protection when named in law, so long as they were accessible for free online
In-house tech sources say Amgen v Sanofi has the potential to stifle their prosecution and litigation strategies if SCOTUS’s decision is too broad
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
The Federal Circuit said tech firms can challenge the way the USPTO implemented Fintiv, but that won’t mean much for practitioners, say counsel
The England and Wales High Court handed down one of the most hotly anticipated FRAND rulings for some time
Funders discuss different IP portfolio funding options and how they decide whether to offer preferential terms and pricing
The issue of the Unified Patent Court’s third central division needs resolving before IP owners can fully embrace Europe’s new era
Foreign firms and lawyers, including IP practitioners, can now practise in India after years of talk and no action
Most Indian counsel won’t immediately look beyond the Delhi High Court for IP cases, but new forums could potentially change their minds