Mauritius
As part of Mauritius' vision to become a knowledge-based economy and Africa's regional hub for innovation, Mauritius has strategically aligned its IP regime with international standards while tailoring it to meet local economic objectives. Mauritius is also a signatory to key international treaties including the Paris Convention and is a member of the African Intellectual Property Organization (ARIPO) offering favourable environments for both domestic and international IP stakeholders.
Trademarks
Patents
Industrial Designs
Geographical Indication
Local Legislation
The Mauritius Industrial Property Office (MIPO), operating under the Ministry of Foreign Affairs, Regional Integration and International Trade, is the central authority for IP administration in the country.
Industrial Property Act 2019
Industrial Property Regulation 2022
WIPO Treaties and International Protection
Mauritius is a member/signatory to the below treaties set out by the World Intellectual Property Organisation (WIPO)
Madrid Protocol
(International Trademarks)
Patent Cooperation Treaty
(International Patents)
Hague Agreement
(International Design)
Nice Classification
11th Edn. (Unofficial)
ARIPO, Banjul Protocol
Trademarks
Trademarks registered in Mauritius have a validity of 10 years from date of application and may be renewed indefinitely for successive periods of 10 years. Third parties have two months to exercise their right to oppose a trademark application following its publication in the Trademark Journal.
At present, only the MIPO can conduct searches for registered trademark. Unless the trademark was registered under the Madrid Protocol, WIPO's Global Brand Database will not have a record of the trademark.
It should be noted that Mauritius is not a signatory to the Nice Agreement, however the MIPO mirrors the 11th edition of the Nice Classifications.
Straightforward applications with no oppositions proceed to registration within six to eight months from filing date.
Patents
Patents in Mauritius are protected for a period of 20 years. Applicants may file a conventional or non-conventional application protecting a process patent or product patent.
Applications are typically published in the government gazette 18 months from the filing date.
Patent oppositions can only be raised at the post-grant stage. Upon grant, third party will have two months from the date of publication of the patent grant to file an opposition before the MIPO. At present, Mauritius patents may take up to four years until granted by the MIPO.
The patents first annuity will be due on the third anniversary of the filing date.
Design
Industrial design registrations have an initial validity of fives years from the filing date and can be renewed three additional times, i.e., total maximum validity of 20 years.
An application may contain up to 100 designs provided they belong to the same class, even though Mauritius is not a signatory to the Locarno Agreement it mirrors the international classification.
Applications filed may enter the MIPO as non-conventional or conventional applications. Utility models are protected under the registration of Industrial Designs.
Oppositions cannot be raised against industrial design applications. Applications may take 9-15 months from filing date to be registered.
Geographical Indications
Geographical Indications
Geographical Indications (GIs) are valid for 10 years and can be renewed indefinitely for successive periods of 10 years.
Formal Requirements:
Applicants need to provide a notarised power of attorney for appointing a representative/agent to act on their behalf before the MIPO.