Trademarks
1. The definition of a mark has been broadened to include any visible sign capable of distinguishing the goods or services of an enterprise from the goods or services of another enterprise.
2. Service marks may be registered.
3. A single application may cover several classes of goods and/or services.
4. The term of a registration will be increased from 7 to 10 years, and will be renewable for additional 10-year periods.
5. The period for cancellation of a mark based on non-use has been reduced from 5 years to 3 years from registration.
6. The Protection Against Unfair Practices (Industrial Property Rights) Act, provides statutory rights to trademark owners to sue for infringement and initiate criminal proceedings.
7. Marks that are well-known in Mauritius are recognized and may be protected even if not registered.
8. Specific statutory protection is granted against a range of defined, unfair practices in any field of industrial property; such as those likely to cause confusion or mislead; to damage goodwill or reputation; to discredit another’s enterprise or activities or to misuse secret information.
2. Service marks may be registered.
3. A single application may cover several classes of goods and/or services.
4. The term of a registration will be increased from 7 to 10 years, and will be renewable for additional 10-year periods.
5. The period for cancellation of a mark based on non-use has been reduced from 5 years to 3 years from registration.
6. The Protection Against Unfair Practices (Industrial Property Rights) Act, provides statutory rights to trademark owners to sue for infringement and initiate criminal proceedings.
7. Marks that are well-known in Mauritius are recognized and may be protected even if not registered.
8. Specific statutory protection is granted against a range of defined, unfair practices in any field of industrial property; such as those likely to cause confusion or mislead; to damage goodwill or reputation; to discredit another’s enterprise or activities or to misuse secret information.
Patents
1. Patents are to be granted for inventions relating to a product or a process as long as the invention is new, involves an inventive step and is capable of industrial application. However, patents will not be granted for discoveries, scientific theories, mathematical methods; schemes, rules or methods for doing business, performing mental acts or playing games; methods of treatment of the human or animal body by surgery or therapy or diagnostic methods practiced on the human or animal body; plants; animals; essentially biological processes for the production of plants or animals; plant varieties or literary, dramatic, musical, or artistic works or other aesthetic creations.
2. In order to be “new” for the purposes of the statute, there must have been no disclosure of the invention to the public anywhere in the world prior to the filing date or, when priority is claimed, before the priority date. There is, however, a one-year grace period for disclosures resulting from the applicant or his predecessor-in-title and disclosures resulting from an abuse committed by a third party with regard to the applicant or his predecessor-in-title.
3. The patent term is twenty years from the filing date, subject to the payment of annual maintenance fees.
4. The definition of infringement includes a provision for world-wide exhaustion of rights and precludes action for infringement for any product that has been put on the market anywhere in the world by the owner of the Mauritian patent or with the consent of that patent owner.
2. In order to be “new” for the purposes of the statute, there must have been no disclosure of the invention to the public anywhere in the world prior to the filing date or, when priority is claimed, before the priority date. There is, however, a one-year grace period for disclosures resulting from the applicant or his predecessor-in-title and disclosures resulting from an abuse committed by a third party with regard to the applicant or his predecessor-in-title.
3. The patent term is twenty years from the filing date, subject to the payment of annual maintenance fees.
4. The definition of infringement includes a provision for world-wide exhaustion of rights and precludes action for infringement for any product that has been put on the market anywhere in the world by the owner of the Mauritian patent or with the consent of that patent owner.
Designs
1. New designs that give a special appearance to a product of industry or handicraft, can serve as a pattern for a product of industry or handicraft, and “appeal to and are judged by the eye” may be protected by registration.
2. Novelty is judged by the same standard as for patents.
3. Design registrations are initially for a five-year term, which may be extended by two further five-year terms.
2. Novelty is judged by the same standard as for patents.
3. Design registrations are initially for a five-year term, which may be extended by two further five-year terms.
March 2004 Index