African Regional Intellectual Property Organization (ARIPO)
Algeria
Angola
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Djibouti
DRC
Egypt
Equatorial Guinea
Eritrea
eSwatini
Ethiopia
Gabon
Gambia
Ghana
Guinea
Guinea Bissau
Ivory Coast
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Nigeria
Republic of the Congo
Rwanda
Saint Helena
Sao Tome and Principe
Senegal
Seychelles
Sierra Leone
Somalia
Somaliland
South Africa
South Sudan
Sudan
Tanzania
Togo
Tunisia
Uganda
Western Sahara
Zambia
Zanzibar
Zimbabwe
Trade Mark
Patent
Design
Mauritius
Forms part of
OAPI
ARIPO
International Arrangements
Mauritius is a party to the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention
Classification
Mauritius follows a multi-class filing system in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Mauritius.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are possible.
Forms part of
OAPI
ARIPO
International Arrangements
Paris Convention
Convention establishing World Intellectual Property Organization (WIPO)
Agreement concerning the Trade-Related Aspects of Intellectual Property (TRIPS)
Types of Patents
Patents of Invention
Novelty Requirements
Absolute novelty
Grace Period/Prior knowledge
12-month grace period for disclosures by the applicant.
Examination procedure
Formal examination with a search and substantive examination.
Duration & Maintenance
20 years from filing date
Annual maintenance fees
Working Requirement
No use requirement, but insufficient use may be a ground for the grant of a compulsory license.
Forms part of
OAPI
ARIPO
International Arrangements
Paris Convention
Convention establishing World Intellectual Property Organization (WIPO)
Agreement concerning the Trade-Related Aspects of Intellectual Property (TRIPS)
Types of Designs
Industrial designs (no utility models)
Classification
Industrial Classification for Industrial Designs under the Locarno Agreement Ninth Edition (although Mauritius is not a signatory to the Locarno Agreement)
Novelty Requirements
Absolute novelty
Grace Period/Prior knowledge
12-month grace period from date of disclosure
Examination procedure
Formal examination
Duration & Maintenance
Five years from filing date with two further extension periods of 5 years each.
Maintenance payments every 5-year period.
Working requirement
No use requirement
10th edition