Intellectual Property Laws at Mauritius
Mauritius has a modern and comprehensive intellectual property (IP) framework, designed to foster innovation and align with international standards. Here's an overview of the key aspects of IP law in Mauritius:
🏛️ Legal Framework
The primary legislation governing IP in Mauritius is the Industrial Property Act 2019, which came into force on January 31, 2022 This Act consolidates and modernizes the protection of industrial property rights, including patents, utility models, industrial designs, trademarks, geographical indications, layout designs of integrated circuits, and plant variety rights. The Act is supplemented by the Industrial Property Regulations 2022, which provide detailed provisions on the registration and enforcement of IP rights
📄 Types of IP Protection
1. Patents
Eligibility Inventions that are new, involve an inventive step, and are industrially applicable.
Duration 20 years from the filing dat.
Application Process Applications are examined by the Industrial Property Office of Mauritius (IPOM.
2. Utility Models
Eligibility New inventions that are industrially applicable but may not meet the inventive step required for patent.
Duration 6 years, renewable for two additional terms of 2 years each.
3. Industrial Designs
Eligibility The aesthetic aspects of a product that are new and original.
Duration 5 years, renewable up to a maximum of 25 year.
4. Trademarks
Eligibility Visually perceptible signs capable of distinguishing goods or service.
Types Includes wordmarks, figurative marks, shape marks, position marks, and colour mark.
Duration 10 years from the registration date, renewable indefinitely.
International Filing Mauritius is a member of the Madrid Protocol, allowing for international trademark registration.
5. Geographical Indications (GIs)
Eligibility Signs used to identify goods with a specific geographical origin and qualities or reputation due to that origin.
Duration 10 years, renewable indefinitely.
6. Layout Designs of Integrated Circuits
Eligibility Original designs of the layout of integrated circuit.
Duration 10 years from the date of registration.
7. Plant Variety Rights
Eligibility New, distinct, uniform, and stable plant varieties.
Duration 25 years for most plant species.
⚖️ Enforcement and Legal Actions
Mauritius has established an Industrial Property Tribunal to handle disputes related to IP right. The Tribunal has the authority to hear appeals against decisions made by the IPOM, including refusals of applications and opposition. It can also handle actions for the invalidation of IP right. The IPOM has the authority to investigate IP infringements and can refer cases to the Director of Public Prosecutions for appropriate action.
🌐 International Treaties
Mauritius is a member of several key international IP treaties, including:
Paris Convention for the Protection of Industrial Property
Berne Convention for the Protection of Literary and Artistic Works
Patent Cooperation Treaty (PCT)
Madrid Protocol for the International Registration of Marks
*Hague Agreement for the International Registration of Industrial Designs
These treaties facilitate the international protection of IP rights and ensure that Mauritian creators and businesses receive reciprocal protection abroad.
📍 Contact Information
Industrial Property Office of Mauritius (IPOM)
*Address: International Trade Division, Ministry of Foreign Affairs, Regional Integration and International Trade, 10th Floor, New Government Centre, Port Louis, Mauritius
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