New IP legislation comes into force in Mauritius
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian 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

The winner of Managing IP’s Life Achievement Award discusses 50 years in IP law and how even he can’t avoid imposter syndrome
Saya Choudhary of Singh & Singh explains how her team navigated nine years of litigation to secure record damages of $29 million and the lessons learned along the way
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
A team of IP and media law specialists has joined from SKW Schwarz alongside a former counsel at Sky
The Irish government has delayed a planned referendum on whether Ireland should join the Unified Patent Court, prompting concern about when a vote may take place
With more than 250 winners recognised during the ceremony, there are many reasons to be positive about the health of the IP industry in EMEA
Practitioners say the USPTO’s latest guidance has some helpful clarifications and is a good reminder of the importance of checking AI outputs
Susanne Schmidt discusses why trademarks are more than 'just a name' and why she would choose green farming as an alternative career
The former head of life sciences at Kramer Levin has joined Orrick, a firm that hopes to grow in the sector
Lionel Martin of August Debouzy and Kristof Neefs at Inteo share how they prevailed in a UPC Court of Appeal case surrounding access to documents
Gift this article