Industrial Designs Law in Mozambique
Here’s an overview of Industrial Designs Law in Mozambique:
🔹 Legal Framework
Primary Law:
Industrial designs in Mozambique are protected under the Industrial Property Law, enacted by Law No. 3/2001, dated February 21, 2001.
Administered by the Industrial Property Institute of Mozambique (Instituto da Propriedade Industrial - IPI).
International Agreements:
Mozambique is a member of the Paris Convention for the Protection of Industrial Property.
Also a member of the World Intellectual Property Organization (WIPO).
Mozambique is not currently a member of the Hague Agreement on international industrial design registration.
Mozambique is a member of the African Regional Intellectual Property Organization (ARIPO), but ARIPO does not cover designs; it mainly focuses on patents and trademarks.
🔹 What Can Be Protected
An industrial design protects the visible features of a product — shape, lines, contours, colors, texture, or materials.
The design must be new and have an individual character.
Designs dictated purely by technical function or contrary to public order are excluded.
🔹 Registration Process
Application:
Filed with the Industrial Property Institute (IPI).
Must include a request form, representations (drawings or photographs) of the design, and payment of fees.
Examination:
The Institute performs a formal examination — checking compliance with procedural requirements.
There is no substantive examination of novelty or originality.
Publication:
Registered designs are published in the Official Gazette (Boletim da República).
Duration:
Protection lasts for an initial period of 5 years from the filing date.
Renewable for up to 3 successive periods of 5 years.
Maximum protection duration is 20 years.
🔹 Rights and Enforcement
The owner of a registered design has the exclusive right to use, manufacture, sell, or license the design.
Civil remedies are available against infringement, including injunctions and damages.
Customs authorities may assist in preventing import/export of infringing goods.
🔹 Other Notes
Mozambique's IP system continues to evolve, with increasing efforts to align with international standards.
Protection of designs is mainly through national registration; no regional or international design registrations currently apply.
RELATED Blog
0 comments