Intellectual Property Laws at Mayotte (France)
Mayotte, an overseas department of France, adheres to French intellectual property (IP) laws, with specific adaptations to accommodate its unique status.
Legal Framework for IP in Mayotte
As part of France, Mayotte is governed by the French Intellectual Property Code (Code de la propriété intellectuelle), which encompasses:
Patents Protection for invention.
Trademarks Protection for distinctive sign.
Copyrights Protection for literary and artistic work.
Industrial Designs Protection for the aesthetic aspect of product.
Geographical Indications Protection for products linked to a specific regio. These laws are enforced through various decrees and ordinances, including:
Ordinance No. 2001-670 of July 25, 2001 Transposes European directives into the French IP code, with specific provisions for Mayott.
Ordinance No. 96-267 of March 28, 1996 Concerning the entry into force of the New Penal Code in Mayotte and the extension and amendment of certain law.
Decree No. 2005-1756 of December 30, 2005 Lays down the list and jurisdiction of special courts in competition matters, industrial property, and insolvency.
Decree No. 2008-625 of June 27, 2008 Amends the Intellectual Property Code, with specific provisions for Mayott.
🏛️ Judicial and Administrative Bodies
**French National Institute of Industrial Property (INPI)*: Handles the registration and protection of patents, trademarks, and industrial designs.
**Copyright Society of Mayotte (COSOMA)*: Manages copyright registrations and related rights.
*Specialized Courts: Mayotte falls under the jurisdiction of specialized courts for IP matters as outlined in Decree No. 2005-176.
🌍 *International Treaties
Mayotte, as part of France, is a signatory to various 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 protection of IP rights across member countries.
📌 Key Considerations
Adaptations for Mayott: Certain provisions of the French IP code have been specifically adapted for Mayotte to address its unique legal and cultural context.
Enforcement: IP rights in Mayotte are enforced through the French judicial system, with specialized courts handling IP disputes.
Registrations: IP registrations in Mayotte are processed through the same channels as in mainland France, primarily via NPI.
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