Industrial Designs Law in Mauritius
Mauritius' industrial design protection is governed by the Industrial Property Act 2019, which came into force on January 31, 2022, and is supplemented by the Industrial Property Regulations 2022. These legal instruments consolidated and modernized the country's intellectual property framework, replacing earlier legislation such as the Patents, Industrial Designs and Trademarks Act 2002 .(Adams & Adams, mauritiuslii.org)
Key Provisions of Industrial Design Protection in Mauritius
1. Definition of Industrial Design
An industrial design is defined as the composition of lines or colors, or any three-dimensional form, or any material, whether or not associated with lines or colors, that:
Gives a special appearance to a product of industry or handicraft;
Can serve as a pattern for a product of industry or handicraft; and
Appeals to and is judged by the eye.(WIPO Lex)
Protection does not extend to features that serve solely to obtain a technical result and leave no freedom regarding arbitrary features of appearance .(WIPO Lex)
2. Registrability Criteria
Novelty: The design must be new, meaning it has not been disclosed to the public anywhere in the world prior to the filing date or priority date of the application.
Non-contravention: The design must not be contrary to public order or morality .(WIPO Lex)
3. Ownership and Rights
Creator's Right: The right to an industrial design belongs to the creator.
Joint Creation: If two or more persons jointly create an industrial design, the right belongs to them jointly.
Independent Creation: If two or more persons independently create the same industrial design, the person whose application has the earliest filing date or priority date has the right, provided the application is not withdrawn, abandoned, or rejected .(WIPO Lex)
4. Duration and Renewal
Initial Protection: The registration of an industrial design is valid for 5 years from the filing date.
Renewal: It is renewable for two further consecutive periods of 5 years, totaling a maximum protection period of 15 years.
Conditions for Renewal: Renewal is subject to the payment of a renewal fee and compliance with any prescribed conditions .(mauritiuslii.org, foreign.govmu.org)
5. Infringement and Enforcement
The registered owner of an industrial design has the exclusive right to exploit the design, which includes making, selling, or importing articles bearing or embodying the design. Unauthorized exploitation constitutes infringement. The owner can institute court proceedings against any person who infringes the design by performing such acts without agreement .(mauritiuslii.org, foreign.govmu.org)
6. Invalidation of Registration
Any person may apply to the Tribunal for an order invalidating the registration of an industrial design. The Tribunal may invalidate the registration if it is proven that the design does not fulfill the requirements of novelty or if the registered owner is not the creator or their successor in title .(mauritiuslii.org, foreign.govmu.org)
7. International Protection via the Hague System
Effective May 6, 2023, Mauritius acceded to the Hague Agreement (1999 Geneva Act), enabling local businesses and individuals to register their industrial designs internationally through a single application. This system allows protection in multiple jurisdictions, streamlining the process and reducing costs for global design protection .(Mondaq)
Summary Table
| Aspect | Details |
|---|---|
| Governing Legislation | Industrial Property Act 2019 and Regulations 2022 |
| Definition | Composition of lines/colors or 3D form/material giving special appearance |
| Registrability | Must be new and not contrary to public order or morality |
| Ownership | Belongs to the creator; joint or independent creation provisions apply |
| Duration | 5 years, renewable up to 15 years |
| Infringement Rights | Exclusive right to exploit; court proceedings for unauthorized use |
| Invalidation | Possible if design lacks novelty or ownership is disputed |
| International Protection | Available through the Hague System (effective May 6, 2023) |
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