New IP legislation comes into force in Mauritius

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

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 SHARED ros bottom lb

More from across our site

Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
Gift this article