New IP legislation comes into force in Mauritius
Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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

New IP legislation comes into force in Mauritius

Sponsored by

spoor-fisher-400px.png
teodor-kuduschiev-wpkuezzuk8-unsplash.jpg

Jennifer Colantoni of Spoor & Fisher highlights the key features of the new Industrial Property Act in Mauritius, which comes into force in 2022

In 2019 the Mauritian authorities published new IP legislation, the Industrial Property Act 2019. It has now been announced that the legislation is anticipated to come into force in February 2022.  

The changes significantly modernise IP law in Mauritius, and bring it into line with international standards. 

Some noteworthy features of the new legislation are as follows:

Patents

  • Computer programs are specifically excluded from patent protection;

  • The test for novelty is an absolute one;

  • Although the employer owns patents created by employees, there is provision for employees to receive ‘appropriate compensation’ where the economic gains made by the employer/patentee are ‘disproportionately high’;

  • Substantive examination will take place;

  • Opposition is possible;

  • The patent term is 20 years; and

  • There are provisions for Patent Cooperation Treaty filings.

Utility models

  • Novelty: the test is an absolute one;

  • Substantive examination will take place;

  • Conversion from a patent to a utility model (and vice versa) is possible; and

  • There is provision for invalidation, but not for opposition.

Industrial designs

Protection of designs is limited to 20 years.

Lay-out designs

There is provision for protection in cases of originality and commercial exploitation not exceeding two years. 

New plant varieties

There is provision for protection for nationals and companies registered in countries that belong to the International Convention for the Protection of Plants (UPOV).

Trademarks

  • The definition of trademarks refers to marks that are ‘visually perceptible’ and specifically includes colour and shape;

  • Opposition is possible;

  • Well-known marks will be protected;

  • Madrid Protocol: there are detailed provisions regarding international registrations; and

  • Non-use:  the term is three years.

Geographical indications

There are provisions for the protection of geographical indications.

IP administration

There will be three separate bodies: the Intellectual Property Council (an advisory body), the Industrial Property Office (the registry), and the Industrial Property Tribunal (a court that deals with appeals from the registry). 

The new legislation is a welcome development.

 

Jennifer Colantoni

Director, Spoor & Fisher 

E: j.colantoni@spoor.co.uk

 

 

more from across site and ros bottom lb

More from across our site

John Keville, partner at Sheppard Mullin, explains how he secured a patent subject matter eligibility victory for his client against GoPro
An IP partner at Womble Bond Dickinson explains how its combination with Lewis Roca will create a fully-rounded litigation and prosecution service
Ronen Speyer of Evalueserve explains why in a competitive business landscape, IP has become a key driver in gaining a competitive advantage
Michael Sharp, who moved to Canadian firm Field Law from Aurora Cannabis in June, said he is enjoying cross-practice collaboration at his new firm
Yasemin Kenaroğlu tells us about setting up ‘IP School’, Turkish coffee, and why IP is like an iceberg
Irena Royzman, who joined Orrick earlier this year, explains how she's collaborated with her new colleagues to address IP policy concerns
Partners at Fenwick explain why they had to be aggressive when helping Lashify win a patent infringement trial
Big law firms are reorganising their IP departments in response to changing client needs and new legal challenges
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Louis-Pierre Gravelle discusses why he didn’t want to be part of the newly acquired Bereskin & Parr and the opportunities he’s eyeing at his new home, Dipchand
Gift this article