All material subject to strictly enforced copyright laws. © 2022 Managing IP is part of the Euromoney Institutional Investor PLC group.

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 our site

In-house and private practice counsel discuss issues with pre-grant opposition in India, including the rise of non-speaking orders and straw man filings
The US Supreme Court rejected an appeal on American Axle, dashing hopes of a judicial fix to patent eligibility uncertainty
The Copyright Office refused to grant protection on the basis that the authorship couldn’t be distinguished from the final work produced by the program
COVID vaccines top Clarivate’s new brands list; Fed Circuit reverses Coca-Cola’s TTAB win; Skechers sues Brooks; USPTO to retire Public PAIR tool; CCB sees cricket complaint
Lawyers should pay attention to APJs’ questions and remember that PTAB proceedings aren’t jury trials, say former PTAB judges
The USPTO cancelled ‘Galavava’ and 'Surfstar Wake' and partly cancelled ‘Heika’ this month
We have published all the 2022 rankings of the leading firms for patent litigation and protection work
In-house and private practice counsel say UK judges have raised the bar for preliminary injunction requests
António Campinos will serve another five years as EPO president – perhaps he’ll calm unrest at the office in that time
LGBTQ IP lawyers say using rainbow colours and posting solidarity messages on social media must be followed by concrete action
We use cookies to provide a personalized site experience.
By continuing to use & browse the site you agree to our Privacy Policy.
I agree