Mozambique - "Getting the Deal Through"
9/11/2009
"Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Trademarks 2010 (published in October 2009; contributing editors Joseph F Nicholson and Stuart J Sinder, Kenyon & Kenyon LLP). For further information please visit www.GettingTheDealThrough.com.
Click here to view the article:
Mozambique_-_ownership_of_marks.pdf
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Featured Act
Copyright Act no. 98 of 1978
Contents include copyright in original works, infringements of copyright and remedies, copyright tribunal, extension or restriction of operation of Act and miscellaneous provisions.
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Featured Case Law
SCA spells out procedure under Section 5(4) of the Counterfeit Goods Act
In a judgment handed down on 29 November 2010 in the matter between the Minster of Trade and Industry v E L Enterprises (193/10) [2010], the Supreme Court of Appeal considered the correct procedure to be followed in applications to confirm the seizure without a warrant of suspected counterfeit goods.
The procedure is prescribed by Section 5(4)(a) of the Counterfeit Goods Act No. 37 of 1997 (“the Act”). Since the commencement of the Act, the practice has been to bring a full-blown High Court application under the section on notice to the respondents. The court held that this is not the procedure contemplated by the section; though an applicant would not be non-suited by doing so provided that the application is at least issued within the prescribed time period. |
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Featured person
 Featured person
Simon Brown
Partner (Co-Chairperson - Trade Marks Department)
Trade Mark Attorney
Tel: +27 (0) 12 432 6315
Email me
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The firm practises directly in several Southern African countries and through long-established associates in others.
