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Further to our previous article on Mauritius’ accession to ARIPO and the Harare Protocol, effective 27 August 2025, Mauritius has now enacted domestic legislation implementing its Protocol obligations. The Industrial Property Act 2019 has been amended to incorporate the Harare Protocol into Mauritian law, establishing the framework through which ARIPO-granted rights operate domestically.
Key amendments
Definition of “Harare Protocol” (Section 2). A new definition has been inserted, defining the “Harare Protocol” as the Protocol on Patents, Utility Models and Industrial Designs within the Framework of ARIPO, adopted at Harare on 10 December 1982, as amended.
Functions of the Industrial Property Office (Section 4(2)). A new paragraph (e) assigns to the Industrial Property Office and its Director such functions as are required under the Harare Protocol and any regulations made thereunder.
Board composition (Section 7(1)). A representative of the Trade Policy Unit of the Ministry has been added to the Board, reflecting the trade policy dimension of regional IP cooperation.
New Part VIA – The Harare Protocol (Sections 90A–90E). The most substantive amendment is the insertion of Part VIA, which provides as follows:
- Section 90A defines “ARIPO patent”, “ARIPO utility model” and “ARIPO industrial design” as a patent granted, or utility model or industrial design registered, by ARIPO under the Harare Protocol and having effect in Mauritius.
- Sections 90B–90D provide that an ARIPO patent, utility model or industrial design in respect of which Mauritius is a designated State shall have the same effect and enjoy the same protection as rights granted under the Act, unless the Director communicates to ARIPO a decision, in accordance with the Protocol, that the right shall have no effect in Mauritius.
- Section 90E establishes the primacy of the Harare Protocol - in the event of any conflict between the Industrial Property Act 2019 and the Harare Protocol, the Protocol shall prevail.
Practical implications
These amendments confirm that ARIPO-granted patents, utility models and industrial designs designating Mauritius will automatically enjoy domestic protection equivalent to nationally granted rights. Where any provision of the Act conflicts with the Harare Protocol, the Protocol prevails, reinforcing Mauritius’ commitment to a harmonised regional framework.
We will continue to monitor developments, including any future accession to the Banjul Protocol on Marks.
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.
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