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Intellectual Property Protection in Mauritius

Mauritius, a hub for financial services, tourism, and sugar production, is positioning itself as a knowledge-based economy. Protecting intellectual property (IP) is critical to foster innovation, protect brands in global markets, and combat counterfeiting. Our firm  provides expert IP services to safeguard your trademarks and inventions in Mauritius.


Trademarks


Trademark protection in Mauritius is governed by the Industrial Property Act, 2019, which consolidated previous laws, including the Patents, Industrial Designs and Trademarks Act, 2002, and is administered by the Industrial Property Office under the Ministry of Foreign Affairs, Regional Integration, and International Trade. Mauritius is a member of the Paris Convention, TRIPS Agreement, Madrid Protocol (since 2023), and Hague System.


Trademark Registration Process

Securing a trademark in Mauritius involves a streamlined process. The key steps include:


1. Trademark Search: Conduct a search through the Industrial Property Office’s records to ensure that a similar mark is not alreadyregistered.

2. Filing the Application: Submit the trademark application to the Industrial Property Office, providing details such as the mark, the class of goods/services (based on the Nice Classification), and applicant information. Applications can be filed in English or French.

3. Examination: The Office examines the application for distinctiveness and non-conflict with existing marks, typically within 6-8 months.

4. Publication: Approved marks are published in the Mauritius Gazette, allowing a 2- month opposition period.

5. Opposition Period: During the 2-month window, third parties can challenge the registration if they believe it infringes their rights.

6. Registration: If no opposition is filed or if the opposition is resolved in your favor, the trademark is registered, and a certificate is issued.


The entire process typically takes 6-12 months, depending on oppositions or delays. Our firm ensures a seamless registration experience.


Patents


Patent protection in Mauritius is governed by the Industrial Property Act, 2019, administered by the Industrial Property Office. Mauritius is a member of the Paris Convention, TRIPS Agreement, and PCT (since 2022), facilitating international filings.


● Patentable Subject Matter: Inventions that are novel, involve an inventive step, and are industrially applicable are patentable. Exclusions include discoveries, scientific theories, mathematical methods, and inventions contrary to public morality.

● Patent Types: The law covers utility patents, utility models, and industrial designs. Plant varieties and geographical indications are protected separately.

● Duration: Utility patents last 20 years; utility models 7 years, both from the filing date, non-renewable, subject to annual fees.

● Examination Process: The Industrial Property Office conducts formal and substantive examinations. PCT national phase applications are examined for compliance with local laws.

● International Considerations: PCT filings are supported, and Mauritius participates in WIPO’s PATENTSCOPE database for technology searches. Paris Convention priority claims (within 12 months) are recognized.


Contact Us


Ready to protect your IP in Mauritius? Contact us today for a consultation with our expert IP team. Let us help you secure your brand and inventions in this dynamic market.

Neetika Gandhi

Managing Associate

Ishrat Kaur

Managing Associate

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