MAURITIUS Law and Practice Contributed by: Sameer K Tegally, Sonia Xavier and Ashvan Luckraz, Venture Law
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 WIPO-administered Madrid System which allows 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 Design Industrial design (“Design”) means the appear - ance of a product resulting from its features, particularly the shape, lines, contours, colours, texture or materials of the product, or its orna - mentation. The length of statutory protection granted to registered industrial designs is five years, start - ing 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 admin - istrative procedures and must contain a graphic representation of the Design, and be accompa - nied 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 application 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 opera - tion of the product incorporating the industrial design, its possible uses or the manufacturing material. Mauritius has 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 covered 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 Mauritius by any person other than the owner of the title of protection or the licensee and with - out the agreement 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 dam - ages 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 (“Unfair Practices Act”). 7.4 Copyright For the purposes of the Mauritius Copyright Act 2014 (CA 2014), a copyright consists of the economic and moral rights subsisting in a work. “Work” is defined as ”an artistic, literary or sci - entific work or a derivative work”.
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