Mozambique

General Information

• Capital: Maputo
• Population: 19.1 million
• Area: 801 590 km2
• Languages: Portuguese - official language.
• Exports: Shrimp; cashew nuts; cotton; copra; sugar
• Imports: Food; clothing; farm equipment; petroleum.
• Currency: Meticais

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Madrid Agreement, Madrid Protocol, Nice Agreement.

Requirements for Application

(a) Power of attorney, notarised
(b) Ten prints of the trade mark - device mark

Classification

International classification of goods and services. A separate application is required for each class. Specification to be lodged in Portuguese.

Procedure

Applications are examined as to formal requirements. Thereafter the application is advertised for opposition purposes, before it is returned for examination to determine inherent registrability and conflict with prior registrations and/or prior applications.

Opposition

Opposition may be lodged within sixty days of the advertisement of the application, and oppositions will be considered when the application is examined after expiry of the opposition term.

Extension of the opposition period is not possible.

Use

A cancellation action may be brought by any interested party when a registered trade mark has not been used for an uninterrupted period of at least three years up to one month prior to the submission of the request.

Duration and Renewal

A trade mark registration is effective for an initial period of ten years from the date of filing of the application and thereafter renewable for like periods.

Licensing/Registered Users

No provision.

Assignments

Assignments are possible and may be made with or without goodwill.

Requirements

(a) Notarised deed of assignment, in Portuguese or accompanied by verified translation;
(b) Notarised power of attorney from the assignee.

Marking of Goods

Canned goods and foodstuffs must be labelled or marked with the name and address of the manufacturer or canner, the brand or mark, grade (where applicable), contents (in English and Portuguese) and net and gross weights (in metric units). Containers of sterilised, powdered and condensed milk must also be labelled with directions for consumer use in Portuguese.

Pharmaceutical specialties must be labelled to show the composition of the product and must be properly packaged for direct sale.

Patents

General

Patent protection is obtainable via a national filing. Mozambique is a member of the International Convention, PCT, WTO and ARIPO.

Patentable Subject Matter

An invention is patentable, if it is new, it involves an inventive activity and if it is capable of application in industrial uses. Theoretical and scientific principles, discoveries, systems, plans, rules and methods for the exercise of purely intellectual activities in economic or gaming domains, computer programs, forms of presentation on computers, aesthetic creations and artistic or literary works, methods of surgical, therapeutic or diagnostic treatment applicable to human or animal bodies and substances obtained for nuclear transformation are not patentable.

Microbiological processes and products obtained therefrom are patentable. 

Filing Requirements

Notarisation of documents is required but not legalization. A specification in Portuguese is needed.

Novelty

An invention is considered new where it has no precedent in the state of technology, in other words that it has not been published in Mozambique or in any other part of the world, orally, by use or by any other means, prior to the date of filing or the priority date. However, where inventions are published during the twelve months preceding the date of filing or the priority date, Novelty is deemed not to be destroyed provided -
a. the publication of the invention was promoted by the inventor or his successors in title, at official exhibitions or exhibitions officially recognized by the Government;
b. the publication was a result of an abusive, evident act committed by third parties against the inventor or his successors in title.

Examination

The application is subjected to both formal examination and substantive examination.

Duration/Maintenance

The patent is valid for a period of twenty years from the date of filing subject to payment of maintenance fees annually as from the first anniversary of the filing date. As the legislation is not clear, conflicting rulings have been issued by different Registrars regarding the due date of maintenance of PCT based national filings. Initially, the Registrar ruled that the filing date in Mozambique determined the due date. Later it was ruled that the International filing date determined the due date but recently the current Registrar has ruled that the priority date should determine the due date. We are attempting to resolve this issue.

Working

Working must commence within three years after the date on which the patent was granted, or within four years after the application was filed.

Licences/Assignments

All transfers of rights must be notarised to be effective against third parties.