Intellectual Property Protection in Mauritius

Mauritius has developed a comprehensive intellectual property framework. The principal statutes are the Trade Marks Act 2002, the Patents, Industrial Designs and Trade Marks Act 2000, the Copyright Act 2014, and the Geographical Indications Act 2002.

Trade Marks

Part II of the Trade Marks Act 2002 governs the registration of trade marks. A trade mark is any sign capable of distinguishing the goods or services of one undertaking from those of other undertakings. Registration is administered by the Intellectual Property Office of Mauritius, established under the Industrial Property Act 2000.

Section 24 of the Trade Marks Act 2002 provides that a registered proprietor may bring proceedings for infringement. Remedies include an injunction, damages, and an account of profits. Protection subsists for ten years from the date of filing, renewable indefinitely.

In Hewlett Packard International Trade BV v Happy World Ltd [2017] SCJ 324, the Supreme Court considered the question of trade mark infringement in the context of parallel imports, holding that the exhaustion of rights principle applies where the goods have been placed on the market with the consent of the proprietor.

Patents

Part III of the Patents, Industrial Designs and Trade Marks Act 2000 governs the grant of patents. A patent may be granted for any invention that is new, involves an inventive step, and is capable of industrial application. The term of protection is twenty years from the date of filing, subject to renewal fees. Mauritius is a member of the Patent Cooperation Treaty.

Copyright

The Copyright Act 2014 provides protection for original literary, dramatic, musical, and artistic works, as well as films, sound recordings, and broadcasts. Copyright arises automatically upon creation. Section 3 of the Act defines the scope of protected works. The Act provides for fair dealing for purposes of research, private study, criticism, review, and reporting current events.

Enforcement

IP rights may be enforced through civil proceedings in the Supreme Court. The court has power to grant injunctions, award damages, and order the delivery up or destruction of infringing goods. Criminal penalties for trade mark counterfeiting and copyright piracy are provided under the respective statutes.

The Customs Act 2004 permits the detention of goods suspected of infringing intellectual property rights at the border, subject to the lodging of a notice with the Director of Customs.

This article is for general information purposes only and does not constitute legal advice.