MAURITIUS Law and Practice Contributed by: Sameer K. Tegally, Sonia Xavier and Ashvan Luckraz, Venture Law
of the application and subject to the payment of an annual fee. Applications for registration of marks must be filed with the director of the Industrial Property Office in the form set out in the administrative procedures, and accompanied by the payment of a non-refundable fee of MUR6,000 for the first class and MUR2,000 for each additional class. The application for registration of a mark must include: • the name, address, nationality and place of regis - tration of the applicant, and where the applicant is represented by an agent, the name and address of the agent; • where applicable, a statement indicating the type of mark and any specific requirements applicable to that type of mark; • a representation of the mark; and • a list of the goods or services for which registration of the mark is sought, grouped in accordance with the applicable class or classes of the International Classification. The application shall also specify the goods and/or services in respect of which the registration of the mark is sought and has to be signed by the applicant or their agent (if any), or a common representative where it is a joint application. Mauritius has joined the World Intellectual Property Organization (WIPO)-administered Madrid system, which has allowed for the worldwide registration and management of trade marks since 2023. Local businesses can now file a single international trade mark application and pay one set of fees to apply for protection in more than 130 countries covered by the Madrid system. Globally, other adherents to the Madrid system can designate Mauritius when filing their international applications. For enforcement, please see 7.3 Industrial Design . 7.3 Industrial Designs Industrial design means the appearance of a product resulting from its features, particularly the shape, lines, contours, colours, texture or materials of the product, or its ornamentation. The length of statutory protec -
tion granted to registered industrial designs is five years, starting from the filing date of the application, and is renewable for three further consecutive periods of five years, subject to payment of a renewal fee. An application for the registration of a design has to be filed with the director of the Industrial Property Office in the form set out in the administrative proce - dures and must contain a graphic representation of the design, and be accompanied by a non-refundable fee of MUR4,000. The application has to be signed by the applicant or their agent (if any), or a common representative where it is a joint application. The appli - cation may contain a brief description, not exceeding 100 words, of the characteristic features of the design, including any colours, and the features characterising the design in accordance with its filed representation or specimen, but shall not refer to technical particulars related to the operation of the product incorporating the industrial design, its possible uses or the manu - facturing material. Mauritius also joined the WIPO-administered Hague System in 2023. Mauritian businesses are thus able to register up to 100 designs in approximately 100 countries by filing a single international application for the protection of their designs in the countries cov - ered by the Hague System and can also benefit from its streamlined mechanism for the management and maintenance of their rights. The performance of any act under the IPA in Mauri - tius by any person other than the owner of the title of protection or the licensee, and without the agree - ment of the owner, constitutes an offence, punishable on conviction by a fine not exceeding MUR250,000 and imprisonment for a term not exceeding five years. Acts of unfair practice may also give rise to a claim in damages, and the Mauritius court may, in addition to damages, grant such other remedy or relief as it may consider appropriate. Any claim arising out of an unfair practice shall be prosecuted in accordance with the Protection against Unfair Practices (Industrial Property Rights) Act 2002 (the “Unfair Practices Act”). 7.4 Copyright For the purposes of the Mauritius Copyright Act 2014 (the “CA 2014”), a copyright consists of the econom -
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