Mauritius: The industrial Property Act 2019

Last Updated: 5 September 2019
Article by Pravin Barthia

This article follows one published in April 2017, on the draft Industrial Property Bill which had been published in the Mauritius Government Gazette. On 30 July 2019, the Mauritius Parliament passed the Industrial Property Bill 2019, which aims to update and strengthen protection of intellectual property rights in a way that is harmonised to meet the challenges of a globalised industry. The Bill received assent from the Interim President of the Republic of Mauritius on 09 August 2019 and was published in the Gazette on 10 August 2019. The Act shall come into operation on a date to be fixed by Proclamation and different dates may be fixed for the coming into operation of different sections of the Act.

As stated in our previous article, the Industrial Property Act 2019 consolidates all industrial property-related issues in one statute. The protection framework of the Act consists of the following five pieces of legislation:

  1. Patents, Utility Models, Patent Cooperation Treaty;
  2. Layout-Designs of Integrated Circuits;
  3. Protection of New Varieties of Plants;
  4. Industrial Designs governed by the Hague Agreement;
  5. Marks, Trade Names, Geographical Indications, Madrid Protocol.


Below are some highlights of the Act which may be of interest to national and international rights owners who wish to protect their IP rights in Mauritius and use Mauritius as a platform for the protection of their IP rights globally through the relevant treaties and WIPO agreements.


Patents, Utility Models, Patent Cooperation Treaty

  • "Computer programmes" and "known substances for which a new use has been discovered and not applicable to the use itself, where they constitute a patentable invention" have been included in the existing list of matters to be excluded from patent protection;
  • It is now possible to object to the grant of a patent;
  • Acts performed by any person to make, construct, use or sell the patented invention solely for any use reasonably related to the development and submission of information required under any law of Mauritius or a foreign State that regulates the manufacture, construction, use or sale of any product (International Exhaustion);
  • The Act introduces the registration of utility models;
  • The existing legislation (The Patents, Industrial Designs and Trademarks Act, 2002) provides for the filing of patent applications under the Patent Cooperation Treaty (PCT). However, this part of the existing Act was never implemented as Mauritius is not party to this treaty. The new Act has again made provision for the filing of patent applications under the PCT. The process of accession to the treaty will be initiated by the Government of Mauritius in due course.


Layout-Designs of Integrated Circuits

The existing legislation provided for the filing of layout-designs. However, this part of the 2002 Act has never been proclaimed. The new Act has again provided for registration of layout-designs under sections 42 to 50.


Protection of New Plant Varieties

The Act introduces the protection of breeder's right under section 51 to 72


Industrial Designs governed by the Hague Agreement

  • Limitations and exceptions in the Act include that no right conferred by the registration of an industrial design shall prohibit "an act, in respect of a product that embodies the industrial design, after the product has been put on the market in Mauritius or abroad by the registered holder or by a person acting with the holder's consent or having an economic tie to the holder". (International Exhaustion)
  • Registration of an industrial design may be valid for 20 years from the date of filing compared to 15 years currently.
  • The Act has made provision for the international filing of industrial designs under the Hague Agreement. The process of accession to the treaty will be initiated by the Government of Mauritius in due course.


Marks, Trade Names, Geographical Indications, Madrid Protocol

  • In the case of honest concurrent use, or of other circumstances, the registration of a mark by more than one owner may be allowed, subject to such conditions and limitations as the Authority may determine.
  • The prior user of a mark that is neither registered nor the subject of a pending application, may oppose an application for registration by another person of a similar mark for similar goods or services, where he submits evidence of prior use.
  • An applicant may divide his application into two or more applications in order to separate the goods or services specified in the initial application. Every divisional application made will retain the filing date and, where applicable, the right of priority of the initial application. After a division, every application will be independent and any publication of the application effected prior to the division shall be effective for each divisional application.
  • The rights conferred by the registration of a mark shall not extend to acts in respect of articles which have been put on the market in Mauritius by the registered owner or with his consent. (National Exhaustion)
  • Application for the registration of a certification mark will be possible and shall be accompanied by a copy of the agreement governing the use of the mark.
  • The 2002 legislation provides for the filing of applications for geographical indications. However, this part of the current Act has never been proclaimed. The new Act makes provision for registration of geographical indications under sections 105 to 114.
  • The Act has made provision for the international filing of trade marks under the Madrid Protocol. The process of accession to the Protocol will be initiated by the Government of Mauritius.

Reviewed by Thierry Koenig SA, head of ENSafrica in Mauritius

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions