INTELLECTUAL

PROPERTY RIGHTS
IN MAURITIUS:
AN OVERVIEW
1. LEGISLATIONS 2.3 The Supreme Court

Main IP Legislations Any person who is dissatisfied with a determination of

the Tribunal as being erroneous in law may appeal to the
- The Industrial Property Act 2019 (IP Act 2019) Supreme Court within 21 days from the determination.

- The Industrial Property Regulations 2022

- Copyright Act 2014
- Protection Against Unfair
Property Rights) Act 2022
2.4 The Judicial Committee of the Privy Council
Practices (Industrial The Judicial Committee of the Privy Council in the
United Kingdom is the ultimate appellate jurisdiction
for Mauritius.

2. INSTITUTIONAL FRAMEWORK 3. INTERNATIONAL APPLICATIONS

2.1. The Industrial Property Office of Mauritius
3.1 The Patent Cooperation Treaty

The Industrial Property Office of Mauritius (“IPO”)

An international application designating Mauritius
receives applications for the registration of marks,
is treated as an application for a patent or utility
patents, utility models, layout-designs of integrated
model certificate filed under the IP Act 2019 and its
circuits, breeder’s rights, industrial designs and
filing date is the international filing date accorded
geographical indications. The IPO is under the
under the Patent Cooperation Treaty. An application
administrative control of the Director. On its own
is processed in accordance with the IP Act 2019, the
initiative or on receipt of a complaint, the Director
Patent Cooperation Treaty and regulations made under
may investigate any allegation of an offence under the
the Act and treaty.
Industrial Property Act 2019 (IP Act) or the Protection
against Unfair Practices (Industrial Property Rights Act).
3.2. The Madrid Protocol

Any person who feels aggrieved by a decision of the

An international application may be filed with the IPO
Director to reject his application for a certificate or to
for transmissions to the International Bureau.
reject his opposition to the registration of an industrial
property may appeal to the Industrial Property
3.3. The Hague Agreement
Tribunal.
An application for international design registration
2.2 The Industrial Property Tribunal
may be filed with the IPO. An international registration
that designates Mauritius as a Contracting Party has,
The Industrial Property Tribunal (“Tribunal”) hears
as from the date of the international registration, the
appeals by persons who are aggrieved by the decision
same effect as an application for registration filed
of the Director to reject an application or an opposition.
under the IP Act 2019.
It also has jurisdiction to hear an application for the
invalidation of a registration.
It is to be noted that as at the date of this publication,
Mauritius has not yet acceded to the above inter­
Any interested person may apply to the Tribunal to
national instruments.
invalidate the grant of a patent or the protection of
a plant variety, or the registration of a utility model,
a layout-design, an industrial design, a mark or a
4. APPLICATIONS FROM FOREIGN
geographical indication
APPLICANTS

Where an applicant’s ordinary residence or principal

place of business is outside Mauritius, the applicant

INTELLEC TUAL PROPERT Y RIGHTS IN MAURITIUS: AN OVERVIEW - OC TOBER 2022 2

must be represented by a law practitioner (e.g., a
barrister, an attorney or a notary) who practises in
Mauritius or by an agent approved by the Minister
responsible for the subject of intellectual property.
5. TRADE MARK
5.1 Trade mark search
Prior to filing the application, we recommend that a
search is conducted at the IPO to check the availability
of the proposed mark to be registered. It is to be
noted that device searches are not available.
5.1.1. Required information
- Details of the proposed mark,
identification and class list.
- Status search: full details of the mark, such
as application / registration number and
identification of the mark.
5.1.2. Timeframe to conduct the search and provide
full report
- Approximately 3-5 working days.
5.2. Trade mark registration
5.2.1.Documentary requirements for
applicants
- A foreign applicant must provide a Power of
Attorney which must be notarised in accordance
with the Convention of 5 October 1961 Abolishing
the Requirement of Legalisation for Foreign
Public Documents (“Apostille Convention”).
- If the country where the Power of Attorney is
drawn is not a member state of the Apostille
Convention, the document must be legalised
through the Mauritian diplomatic agents or
consular agents who certify:
- the authenticity of the signature.
- the capacity in which the person signing the
document has acted.
INTELLEC TUAL PROPERT Y RIGHTS IN MAURITIUS: AN OVERVIEW - OC TOBER 2022
- where appropriate, the identity of any seal or
stamp.
- If priority is claimed, a certified copy document
establishing priority must be submitted. If the
document is not in English, a translated copy
must be submitted.
5.2.2. Required information
- Applicant’s details (i.e., name and address).
- Identification and representation of the mark
trade mark.
- List of goods and/or services under the Nice
Classification. Multi-class applications are
available.
such as
5.2.3. Timeframe
- Within 1 week of filing the application, the IPO
issues a filing receipt.
- Before proceeding with the substantive exam­
ination of the application, the IPO verifies if all
the documents have been submitted.
- The substantive examination may take up to 2
weeks.
5.2.4. Acceptance of application
foreign - If there are no objections and the IPO accepts the
application, a Notice of Acceptance is issued to
the applicant and the mark is published in the
Government Gazette.
- Any person may oppose the registration of the
proposed mark within a period of 2 months from
the date of publication of the application in the
Government Gazette.
- If there is no objection or opposition to the
application, a certificate of registration is issued
within approximately 3 months from the filing
date.
5.2.5. Refusal of application
- If the IPO issues an objection following the
substantive examination of the application, the
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 Director will notify the applicant in writing that
the proposed application has been refused.
- The applicant may make written representations
to the Director to reconsider the application
within 6 months from the date of receipt of the
refusal notice.
- If the applicant is aggrieved by the Director’s
decision to reject his proposed application, he may
appeal to the Tribunal and if he unsatisfied with
the determination of the Tribunal, he may appeal
to the Supreme Court. The ultimate appellate of
the jurisdiction is the Judicial Committee of the
Privy Council.
- Where the applicant fails to make any written
representations within the prescribed time,
the application will be deemed to have been
abandoned.
5.2.6. Opposition to application
- Any person may, within a period of 2 months
from the date of publication of an application
for the registration of a mark lodge a Notice
of Opposition together with any supporting
evidence.
- The Director forwards a copy of the Notice of
Opposition containing the grounds of opposition
and supporting evidence to the applicant.
- The applicant must within 2 months of receipt
of the Notice of Opposition file its counter-
statement to the opposition together with any
supporting documents at the IPO and provide a
copy of same to the opponent.
- If the applicant does not send a counter-
statement, the applicant is deemed to have
abandoned the application.
- Where the applicant sends a counter-statement,
the Director shall, after hearing the parties,
where he considers appropriate, decide whether
the mark may be registered.
- If the Director rejects the opposition, the
opponent may appeal to the Tribunal and if the
applicant or opponent is dissatisfied with the
determination of the Tribunal, they may appeal
to the Supreme Court, and ultimately to the
Judicial Committee of the Privy Council.
INTELLEC TUAL PROPERT Y RIGHTS IN MAURITIUS: AN OVERVIEW - OC TOBER 2022
5.2.7. Application for renewal
- An application for renewal of the registration of
a mark must made within 6 months of the expiry
of the registration.
- The registration of a mark may be renewed for
consecutive periods of 10 years.
- Where the renewal has not been made within
6 months before the expiry of the registration,
the Director may grant a grace period/ delay of 6
months to the trade mark owner for the payment
of the renewal fee with a surcharge.
- Where the renewal has not been made, the
registration of the mark lapses.
5.2.8. Duration of a trade mark registration
A registration is valid for 10 years from the filing
date of the application for registration and may be
renewed for consecutive periods of 10 years.
5.2.9. Removal on grounds of non-use
An interested person may request the Director
to remove from the relevant register a mark in
respect of any goods or services in respect of which
it is registered on the ground that up to 1 month
before the filing of the request, the mark had, after
its registration, not been in use by the registered
owner or a licensee during a continuous period of
not less than 3 years.
5.2.9.1. Procedure
- A request to remove a mark from the register
must be made on the prescribed form and
must be accompanied by a statement setting
out all the facts in support of the request.
- Upon receipt of the request, the Director
notifies the owner of the registered mark and
provides him with a copy of the request.
- The owner of the registered mark may, within
2 months from the date of receipt of the
notification, provide his reply to the Director
who then decides whether the mark should
be removed.
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 5.2.10. Invalidation
- An interested person may apply to the Tribunal
for the invalidation of the registration of a
mark, totally or partially.
- The decision of the Tribunal shall be notified
to the Director who shall record it and
forthwith give notice of the decision in the
Government Gazette.
5.2.11. Recordals: Change in address, application
and ownership
Prior to issuing the Certificate for the Recordal
of Licence, the Director records the licence and
publish the non-confidential information of the
licence in the Government Gazette.
5.2.11.1. Procedure
- An application for a change in address,
application or ownership is made to the
Director on a prescribed form.
5.2.11.2. Documentary requirement
5.2.11.2.1. Recordal of change of name or
address
- Document evidencing the change of name:
Certificate of Change of Name.
- Required documents for Recordal
Change of Address: None.
5.2.11.2.2. Recordal of assignments
Required documents: Deed of Assignment
signed both the Assignor and Assignee.
5.2.11.2.3. Recordal of mergers
Required documents: Legalised Certificate of
Merger.
INTELLEC TUAL PROPERT Y RIGHTS IN MAURITIUS: AN OVERVIEW - OC TOBER 2022
5.2.11.2.4. Recordal of licences
Required documents: Legalised Licence
Agreement.
5.2.11.3. Timeframe for Recordals
If all the documents are in order, it takes
approximately 2-3 weeks for the IPO to issue
the certificate of change.
6. PATENTS
6.1. Criteria
- The invention must be new, involves an inventive
step and is capable of industrial application.
- An invention is new where it is not anticipated by
prior art.
6.2. Procedure
- An application for a patent must be made on the
prescribed form and filed at the IPO.
- If all documents submitted for the application are
in order, the IPO issues a notification of filing date
within 1 week of the application date.
- If the Director refuses to grant a filing date to an
application, he must notify the applicant, in writing,
specifying the reasons for the refusal.
of
- The Director may conduct additional searches and
request additional information.
- The Director must, after 18 months from the filing
date:
- open an application for a patent for public
inspection, and
- give notice in the Government Gazette.
6.3. Opposition in relation to Patents
- An interested person may file a Notice of Opposition
within a period of 3 months from the date an
application for a patent is open for public inspection.
5
- The Notice of Opposition must identify the
opponent and specify the grounds and include all
relevant evidence, which the opponent considers
relevant in support of the opposition.
- The Director must give a copy of the Notice of
Opposition to the applicant.
- The Applicant for a patent may, within 3 months from
the date of receiving the Notice of Opposition, file
a counter-statement stating the grounds on which
he relies together with any supporting evidence.
6.4. Duration of a patent
- The patent expires 20 years after the filing date of
the application.
- An annuity fee is paid yearly as from the 3rd
anniversary (i.e., 3 years after the filing date) for
maintaining a patent or patent application.
- The annual fee must be paid not less than 2 weeks
before the expiry of every period of one year.
- The Director may grant a grace period/ delay of 6
months for the payment of the annual fee with a
surcharge.
- If the annual fee is not paid, the application for
the patent is considered to have been withdrawn/
lapses.
- It is possible for the patent owner to make an
application to the Director for the restoration of a
lapsed patent.
6.5. Required information for the filing of a patent
application
- Applicants’ details (Name, address and nationality).
- Inventors’ details (Name and address).
- Title of the invention.
6.5.1. Documentary requirement
- Power of Attorney.
- Deed of Assignment (if Applicant is not the Inventor).
- Specifications including the description, claims,
INTELLEC TUAL PROPERT Y RIGHTS IN MAURITIUS: AN OVERVIEW - OC TOBER 2022
abstract and drawings.
- Priority documents must be furnished within 3
months if Priority is claimed.
7. INDUSTRIAL DESIGNS
7.1. Criteria
- An industrial design is protected where it is new and
original.
7.2. Procedure
- An application for an industrial design must be
made on the prescribed form and filed at the IPO.
- The application must contain a graphic repres­
entation of the industrial design.
7.3. Required information
- The title of the industrial design.
- Name, address and nationality of the applicant.
- Name and address of the creator (if the applicant is
not the creator).
- Indication of the article which constitutes the
industrial design or in relation to which the industrial
design is to be used (I.e., statement of features/
description).
- Four graphic representations/ drawings of each of
the different sides of the design.
7.4. Documentary requirement
- Power of Attorney.
- Deed of Assignment if the applicant is not the
creator: i.e., Statement justifying applicant’s right to
registration of the industrial design.
- Priority documents must be furnished within 3
months if priority is claimed.
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7.5. Duration
- The registration of an industrial design is valid
for a period of 5 years from the filing fate of the
application for registration.
- The registration of an industrial design may be
renewed for 3 further consecutive periods of 5 years.
- The Director may grant a grace period/ delay of 6
months for the payment of the annual fee with a
surcharge.
- Where the renewal is not made, the registration of
the industrial design lapses.
8. OTHER IP RIGHTS UNDER THE IP ACT
- Certification mark.
- Layout-designs of integrated circuits.
- Protection of new plant varieties.
- Geographical Indications.
9. ENFORCEMENT
9.1. Parallel imports
- A person cannot use a registered mark without the
written agreement of the registered owner.
- Putting genuine products on the market in Mauritius
without the registered owner’s consent constitutes
trade mark infringement.
9.2. Border protection measures
9.2.1. Application for border protection
- Once the particulars of the Mauritian
representative are registered with the Customs
department, every time there is an import
of products bearing the registered mark,
the Customs department will suspend the
release of the goods and inform the Mauritian
representative.
INTELLEC TUAL PROPERT Y RIGHTS IN MAURITIUS: AN OVERVIEW - OC TOBER 2022
- The suspension is for a period of 10 working days
and may be extended by another 10 working
days.
- The rights holder must then assess whether the
suspect goods infringe his intellectual property
rights, inform in writing the Director-General,
MRA Customs confirming the infringement and
take the necessary legal action.
- If no written objection is submitted within the
statutory delays, MRA Customs may release the
detained goods.
- The registration for border control is valid for 2
years, and may be renewed.
9.2.2. Documentary requirement
- Power of Attorney.
- Certified copies of the registration certificates
from the IPO.
- A security in the form of a bank guarantee of a
minimum amount of 20,000 rupees (approx. £ 225
GBP) must also be provided per mark/application.
9.3. Civil remedies
A party may apply to the Supreme Court for the
following remedies or reliefs in relation to infringement
of IP rights:
- Injunction to prevent unfair practice or unlawful act
- Damages
- Forfeiture and destruction of any article or thing
that were used in, or gave rise to, an act of unfair
practice as the court thinks fit
9.4. Criminal actions
- IP Act 2019: Fine not exceeding 250 000 rupees and
to imprisonment for a term not exceeding 5 years.
- Protection Against Unfair Practices (Industrial
Property Rights) Act 2002: Fine not exceeding
Rs. 250,000 and to imprisonment for a term not
exceeding 5 years.
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10. RECENT CASE LAWS/ MAJOR IP
DEVELOPMENTS

10.1. The Hugo Boss Trade Mark Management GmbH

& Co KG v Eadally Mahmade Tasleem i.p.o The
Mauritius Revenue Authority & The Polo/Lauren
Company, L.P v Eadally Mahmade Tasleem i.p.o
The Mauritius Revenue Authority [2020 SCJ 84]:
The Supreme Court found that the defendant, not
being the registered owner of the relevant marks
had, by importing the infringed products without
the consent of the owner’s agreement, infringed
the provisions of the Patents, Industrial Designs and
Trademarks Act (repealed by the IP Act 2019). The
Court authorised the destruction of the infringed
products by the plaintiff.

10.2. Eureka E.C. Oxenham & CY Ltd v Alexander E.

Oxenham & Domaines et Terroirs Ltee [2020 SCJ 92]:
The Judge held that there can be no infringement
of a trademark right when a first name is added
to a surname already registered as trademark
provided that there is no likelihood of any
mistake or confusion in the mind of the public be it
visually, phonetically or aurally. She found that the
respondents’ bottles of wine are distinguishable
from those of the applicants on which the mark
“OXENHAM” is written in capital and bold
characters. The Judge further found that when the
two marks are compared, there is no likelihood of
people being confused about the products coming
from the same entity.

INTELLEC TUAL PROPERT Y RIGHTS IN MAURITIUS: AN OVERVIEW - OC TOBER 2022 8

TEAM PROFILE

André Robert is a Senior Attorney and a Partner at BLC Robert

& Associates, where he co-heads, with Senior Counsel Iqbal
Rajahbalee, the Dispute Resolution team of the firm.

He is known to provide expert advice to commercial firms, banks,

insurance companies, sugar estates, petroleum, hotels and textile
companies, as well as para-statal bodies. In addition to his
works at the firm, he is very often approached by senior lawyers
in the private practice to assist in international arbitration and
trademark litigation and complex contentious disputes.

During his professional journey, André was a lecturer in Civil Law

at the Council of Legal Education and was part of the panel for
Attorneys’, Barristers’ and Notaries’ examinations. He was the
former Vice-Chairman of the Mauritius Law Society.
ANDRE ROBERT SA
PA R T N E R André holds a Diplôme d’Etudes Universitaires Générales (DEUG),
a Licence and Maitrise en Droit from Aix-Marseille University
(France).

Andre.Robert@blc.mu

Ammar Oozeer is a Senior Associate and a privacy, technology and

telecoms specialist at BLC Robert & Associates. Prior to joining the
firm, he was a senior law officer in the Attorney-General’s Office.

He advises on privacy related issues, advising global technology

companies, payments service providers, retail businesses, hotels,
entertainment, luxury brands and pharmaceutical companies
on cybersecurity, data protection, data security and electronic
commerce.

Ammar has also a significant amount of litigation experience

with a focus on tax litigation, IPR litigation and judicial review
litigation. In addition to his advisory and litigation experience,
Ammar has a solid legislative drafting experience.

AMMAR OOZEER Ammar holds an LL.M (Computer and Communications Law) from
C O U N S E L / S E N I O R A S S O C I AT E the University of London (UK), an LL.B (Hons) from the University
of Mauritius and completed his Barrister Vocational Course at the
Council of Legal Education (Mauritius).

Ammar.Oozeer@blc.mu

INTELLEC TUAL PROPERT Y RIGHTS IN MAURITIUS: AN OVERVIEW - OC TOBER 2022 9

TEAM PROFILE

Satyanraj Ramdoo is a Senior Associate and advises primarily

on mergers & acquisitions, corporate restructuring deals, and
other business law matters. He also regularly advises on tax, data
protection, and regulatory & compliance matters. In addition, he
provides support on banking & finance transactions.

Much of Satyanraj’s works has a cross-border or international

focus. He has significant experience in advising clients on complex
transactions in a range of sectors, including retail, hospitality
and leisure. His clients include private equity firms and blue-chip
companies.

Satyan holds an LL. B (Hons) from Oxford Brookes University (UK)

and completed his Barrister Vocational Course at the University of
West of England (UK).
SATYANRAJ RAMDOO
S E N I O R A S S O C I AT E satyan.ramdoo@blc.mu

Phalkirti Maharahaje joined BLC Robert in January 2018 and is

a member of the Intellectual Property team. Phalkirti regularly
conducts searches at the Industrial Property Office with respect
to trademark registrations, brand clearance and the availability
of marks and corporate names to assess the registrability of the
marks. She also helps clients to overcome refusals regarding the
application for the registration of their marks and assists with
objections and oppositions.

She also regularly writes and reviews legal IPR documentation

for submissions to the Industrial Property office and assists in
trademarks use investigation. She recently assisted the owners
of famous brands in dealing with the illegal importation and
distribution in Mauritius of counterfeit goods.

PHALKIRTI MAHARAHAJE
IN T ELLEC T UA L PRO PERT Y E X ECU T I V E
Phalkirti holds a Higher Diploma in Paralegal Practice from the
National Association of Licensed Paralegals Training, UK. She
read law at the University of Sunderland, and went on to obtain
a Postgraduate Certificate in Law Practice from the University of
Northumbria (UK)

phalkirti.maharahaje@blc.mu

INTELLEC TUAL PROPERT Y RIGHTS IN MAURITIUS: AN OVERVIEW - OC TOBER 2022 10

CONTACT

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26, Bank Street
Cybercity Ebene
Mauritius

+230 403 2400

+230 403 2401

chambers@blc.mu

www.blc.mu

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