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IP rights to help fight poverty in Mozambique
5/05/2009

5 July 2009 will mark the 10th anniversary of the publication of the IP Code in Mozambique. The Intellectual Property Office of Mozambique was also established on the same day, five years after the code. This year, the Minister of Science and Technology has announced the adoption of a new strategy to deal with the development of intellectual property rights.

Earlier this month, at the workshop A Propriedade Industrial em Mocambique – 10 Anos Depois, Minister Venancio Massingue said this strategy was important in the fight against poverty. Intellectual rights are a catalyst for development.

Adams & Adams has been involved in the development of IP rights in Mozambique for some time. It was the first trade mark filed in Mozambique, and the firm now has an office in that country, run by Carlos Martins and Elio Teixeira.

Filing of trade marks and patents has increased exponentially over the last 10 years, along with the economic development of Mozambique; the number of filings rose to 1 599 in 2008. On the patents side the story is similar, taking into account the increase in filings through Aripo, the African Regional Intellectual Property Organization.

Despite all these positive developments there are also some challenges. Education and training in the value of intellectual property rights is needed. Entrepreneurs and local communities need to see the value of what they create and be encouraged to register these rights. This forms part of the new strategy adopted by the Mozambican government. Adams & Adams will also be taking part in this initiative with the universities.
Marilyn Krige
Partner
Adams & Adams
marilyn@adamsadams.co.za
Megan Moerdijk
Partner
Adams & Adams
megan-m@adamsadams.co.za
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In terms of the Paris Convention, a patent application may claim priority from a prior filed application in a convention country relating to the same subject matter, provided that the prior filed application in the convention country was lodged not earlier than one year before lodgement of the application claiming priority. In other words, there exists a 12 month period in which to claim priority. Rule 26bis.3 of the regulations of the Patent Cooperation Treaty (PCT) makes provision for the restoration of the right to claim priority if an international application has an international filing date which is later than the date on which the priority period expired but within the period of two months from that date. Upon request of the applicant, the receiving Office shall restore the right of priority if the Office finds that a criterion applied by it (“criterion for restoration”) is satisfied, namely, that the failure to file the international application within the priority period:
(i) occurred in spite of due care required by the circumstances having 		  Related People Megan Moerdijk
Partner
Trade Mark Attorney
Tel: +27 (0) 12 432 6359
Email me 		 

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The firm practises directly in several Southern African countries and through long-established associates in others.