Geographical Indications Law in Mozambique
Here is a detailed overview of Geographical Indications (GI) law in Mozambique:
🇲🇿 Geographical Indications Law in Mozambique
1. Legal Framework
Geographical Indications in Mozambique are primarily governed by:
Industrial Property Code, enacted by Decree No. 47/2015, of December 31
This Code provides sui generis protection for GIs (i.e., not merely through trademarks but via a dedicated mechanism).
Mozambique is also a member of:
The World Trade Organization (WTO) – adhering to the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights)
The African Regional Intellectual Property Organization (ARIPO) – allows GI registration through its Banjul Protocol (though Mozambique currently protects GIs mainly through national law)
The competent national authority is:
Instituto da Propriedade Industrial (IPI) – Mozambique Industrial Property Institute
2. Definition of a Geographical Indication
Under Mozambican law, a Geographical Indication (Indicação Geográfica) refers to:
Any indication which identifies a product as originating in a specific geographical area, where a given quality, reputation, or other characteristic is essentially attributable to that geographical origin.
GIs are recognized for:
Agricultural products
Foodstuffs
Handicrafts
Wines and spirits
Industrial or artisanal goods tied to traditional practices or regions
3. Protection Mechanisms
GIs in Mozambique can be protected by:
Registering the GI under the Industrial Property Code as a standalone GI
Alternatively, some GIs may be protected as certification or collective marks under trademark law provisions
4. Registration Procedure
Application submitted to IPI, including:
The name of the GI
The geographical area
Product specifications
Proof of the link between the product and its origin
Examination by IPI for formal and substantive requirements
Publication for opposition
Registration if no objections are raised
5. Rights Conferred
Once registered, GI holders have the right to:
Exclusive use of the GI for qualifying products
Prevent unauthorized or misleading use
Oppose misuse, imitation, or translation of the GI
Only producers located in the defined area and meeting the registered specifications may use the GI.
6. Duration and Renewal
GI protection in Mozambique is indefinite, as long as the conditions of use are maintained and no invalidation is pursued.
7. Enforcement and Remedies
GI holders can enforce rights through:
Civil litigation (injunctions, damages)
Administrative actions via IPI
Border measures through customs (to stop counterfeit or infringing goods)
Criminal sanctions may apply for fraudulent use
8. Examples of Mozambican GIs (Emerging/Proposed)
While GI use is still developing, there is growing interest in registering GIs for:
Mozambique cashew nuts
Zambezia tea
Niassa honey
Cabo Delgado spices
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Industrial Property Code (Decree No. 47/2015) |
| National Authority | Instituto da Propriedade Industrial (IPI) |
| Protection Type | Sui generis GI registration |
| Eligible Products | Agricultural, foodstuffs, crafts, wines, spirits |
| Duration | Indefinite (as long as conditions are met) |
| Enforcement | Civil, administrative, customs, and criminal measures |
| International Treaties | TRIPS, ARIPO (observer for Banjul Protocol) |
RELATED Blog
0 comments