Mauritius

The independent island of Mauritius lies in the Indian Ocean, 800 kms east of Madagascar.

General information

• Capital: Port Louis
• Population: 1.2 million
• Area: 2 040 km2
• Languages: French, English - official languages
• Exports: Clothing; textiles; sugar
• Imports: Manufactured goods; capital equipment; foodstuffs; petroleum products; chemicals
• Currency: Mauritian Rupee

Trademarks

Law:

The Patents, Industrial Designs and Trademarks Act no. 25 of 2002, came into force on 6 January 2003.

International Conventions:

WIPO, WTO, Paris Union, Berne Union, Hague Convention;

Requirements for Application:

(a) Power of attorney legalised up to Mauritian/British consular level or authenticated by Apostille.
(b) Ten prints of trade mark - device marks.

Classification:

International classification of goods and services. A single application may cover more than one class of goods.

Procedure:

Applications are examined as to inherent registrability and for conflict with prior existing registrations/applications.

Opposition:

Opposition may be lodged within three months of the date of advertisement of the application.

Extension of the opposition period may be granted by the Ministry of Industry and Commerce but not exceeding six months from date of advertisement of application.

Use:

A cancellation action may be brought when a registered mark has not been used for a continuous period of three years preceding one month before the date of the request for cancellation.

Duration and Renewal:

A trade mark registration is effective for an initial period of ten years and, thereafter, renewable for further periods of ten years.

Licensing/Registered Users:

Licensing is recognised. Recordation is required in order to be effective against third parties.

The license agreement must provide for quality control by the licensor.

Requirements:

(a) License agreement, legalised up to Mauritian/British consular level or authenticated by Apostille;
(b) Power of attorney from the proprietor, legalised up to Mauritian/British consular level or authenticated by Apostille;
(c) Power of attorney from the licensee legalised up to Mauritian/British consular level or authenticated by Apostille.

Assignments:

Assignments are possible and recordation is required;

Requirements:

(a) Deed of assignment, legalised up to Mauritian/British consular level or authenticated by Apostille;
(b) Power of attorney from assignee legalised up to Mauritian/British consular level or authenticated by Apostille.

Marking of Goods:

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

Origin of goods must be given on the goods themselves or on the labels. Any foods containing preservatives must bear a label with the words ‘CONTAINS PRESERVATIVES’.

Patents

General:

Patent protection is obtainable via a national filing. Mauritius is a member of the International Convention and WTO. Mauritius is not a member of PCT although its legislation makes provision for PCT filings.

Patentable Subject Matter:

Excluded inventions include discoveries, scientific theories and mathematical methods;
schemes rules or methods for doing business, performing purely mental acts or playing games;
methods for treatment of the human or animal body by surgery or therapy as well as diagnostic methods practiced on the human or animal body;
plants;
animals, essentially biological processes for the production of plants and animals;
plant varieties;
and literary, dramatic, musical or artistic works or any other aesthetic creation whatsoever. Products used in methods for treatment are however patentable.

Filing Requirements:

Documents do not have to be legalised. A specification in English is needed.

Novelty:

An invention is patentable if it is new, involves an inventive step and is capable of industrial application. Prior art consists of anything disclosed to the public, anywhere in the world, by publication in tangible form or by oral disclosure, by use or in any other way, prior to the filing or, where applicable, the priority date. Disclosure to the public of the invention is not taken into consideration if it occurred within twelve months preceding the filing date or the priority date and it was by reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title.

Examination:

The application is subjected to formal examination. The Registrar may direct that results of searches done in other countries be furnished.

Duration/Maintenance:

Patents are granted for a term of twenty years from the date of filing subject to the payment of annual fees payable three years from filing and annually thereafter. The annual fee must be paid not less than two weeks before the anniversary of the filing date. There is NO grace period for late payment of maintenance fees.

Working:

On request made to the Controller after the expiration of a period of four years from the date of filing or three years from the date of grant, whichever period expires last, the Controller may issue a non-voluntary licence if he is satisfied that the patented invention is not exploited or is insufficiently exploited, by working the invention locally or by importation, in Mauritius. A non-voluntary licence is not issued if the owner of the patent satisfies the Controller that circumstances exist which justify the non-exploitation or insufficient exploitation of the patented invention.