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

Explosm, the independent Texas studio behind the hit webcomic Cyanide & Happiness, partnered with Temu’s IP protection team to combat counterfeiters infringing on its brand
The latest in a dispute over juicing machines, and a shakeup in judicial compositions were also among the top developments
Patent partner Robert Hollingshead explains why the firm remains committed to Japan despite several US firms exiting the Japanese and greater Asia market
Emma Green, partner at Bird & Bird, shares why the Iceland v Iceland dispute could prompt businesses and lawyers to think differently about brand enforcement
Attain IP, developed by two UK patent lawyers, will meet ‘forensic’ needs of patent attorneys by showing a verifiable reasoning chain, according to its co-founders
The High Court of Australia has allowed a fashion designer to retain her registered ‘Katie Perry’ trademark for clothing
Sim & San secured the win for Dr. Reddy’s, which will allow the pharma company to manufacture and export semaglutide, the active ingredient in Ozempic
Lucas Amodio joins our ‘Five minutes with’ series to discuss artificial intelligence systems and patent law
The Americas research cycle has commenced, so don't miss the opportunity to submit your work
Practitioners have welcomed extended funding of the specialist police unit until 2029, while the UKIPO says it is exploring increased scale
Gift this article