Your (un)fair advantage

New Intellectual Property Act for Mozambique will come into force on 3 July 1999
2/07/1999

To date, there has been no specific Intellectual Property protection in Mozambique and past practice has been to publish cautionary notices in local newspapers (the effect of which has never been tested in Mozambique Courts).

Mozambique has a geographical area of 801 590 square kilometers with a population of approximately 16 million people. The official language is Portuguese. The main economic activities of Mozambique are agriculture (e.g. cashew nuts, tea, sugar, cotton, sisal and oil seeds), fishing (e.g. shell fish), mining (e.g. iron, bauxite ore, coal, tantalite and pegmatite), manufacturing (e.g. fertilizer, agricultural implements, cement, textiles, beverages, ceramics, tires and radios) and tourism.

More detailed information in regard to obtaining protection for patents, utility models, designs and trade marks in Mozambique will be posted on our web site shortly. If you require specific information as regards any of the abovementioned forms of IP such as filing requirements, forms and costs, please do not hesitate to contact us.
  Featured Act The need to properly & accurately describe immovable property in a deed of sale
In the matter of Lombaard vs Droprop CC and Others, the Supreme Court of Appeal (SCA) was called on to adjudicate on the validity of an agreement of sale concluded when an option was exercised.

Briefly, the purchaser applied for an order compelling the sellers to transfer certain immovable property to him. The purchaser alleged that an agreement of sale had come into being pursuant to the exercise of an option to purchase, contained in an agreement of lease between him (as the lessee) and the seller (as the lessor). 		  Featured Case Law The impact of the Road Accident Fund Amendment Act on the legal profession
On 25 November 2010, the Constitutional Court delivered judgment in the Law Society of South Africa and 10 others’ constitutional challenge to certain provisions of the Road Accident Fund Amendment Act of 2005 (“Amendment Act”).

To qualify for a reasonable claim under the Amendment Act, a claimant has to prove that he/she sustained at least a serious injury. The Amendment Act not only limits the number of road accident victims who will be able to claim from the RAF, but also limits the value of their claims, as a result of the limiting provisions relating to general damages and the caps imposed on loss of income or support. 		  Featured person Featured person
Johnny Fiandeiro
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Attorney
Tel: +27 (0) 12 432 6504
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The firm practises directly in several Southern African countries and through long-established associates in others.