Mauritius
Patents, Industrial Designs and Trademarks Act
Act 25 of 2002
- Commenced on 6 January 2003
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Patents, Industrial Designs and Trademarks Act.2. Interpretation
In this Act—"Approved agent" means an agent approved by the Minister;"Competent authority" means the Permanent Secretary of the Ministry;"Controller" means the Controller of Industrial Property Office referred to in section 3;"Industrial property" includes—(a)"Geographical indications" as defined under section 2 of the Geographical Indications Act;(b)"Layout-designs of integrated circuits" as defined under section 2 of the Layout-Designs (Topographies) of Integrated Circuits Act; and(c)"patent", "invention", "industrial design", "trademark", "trade name", "service mark" and "collective mark" as defined under sections 11, 27 and 35 of this Act;"Industrial property enactments" means the Patents, Industrial Designs and Trademarks Act, the Geographical Indications Act, the Layout-Designs (Topographies) of Integrated Circuits Act and the Protection against Unfair Practices (Industrial Property Rights) Act;"International Classification" means—(a)as regards industrial designs, the classification according to the Locarno Agreement of October 8, 1968 (as last revised) establishing an International Classification for Industrial Designs;(b)as regards marks, the classification according to the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, of June 15, 1957;"law practitioner" has the same meaning as in the Law Practitioners Act;"Minister" means the Minister to whom responsibility for the subject of international trade is assigned;"Ministry" means the Ministry responsible for the subject of international trade;"Office" means the industrial Property Office referred to in section 3;"Patent Co-operation Treaty" means the Patent Co-operation Treaty done at Washington on June 19, 1970;"Paris Convention" means the Paris Convention for the Protection of Industrial Property of 1883;"Priority date" means the date of the earlier application that serves as the basis for the right of priority provided for in the Paris Convention;"registers" means the registers referred to in section 6 (1);"Tribunal" means the Tribunal for Industrial Property established under section 9;"Unfair practice" has the same meaning as in the Protection Against Unfair Practices (Industrial Property Rights) Act;"World Trade Organization" means the World Trade Organization established under the Marrakesh Agreement 1994.Part II – Institutional framework
3. Industrial Property Office
4. Functions of Controller
5. Powers of Controller
6. Registers
7. Correction of errors
The Controller may, subject to any regulations as may be prescribed, correct any error of translation or transcription, clerical error or mistake, in any application or document filed with the Controller or in any recording effected pursuant to this Act.8. Extension of time
Where the Controller is satisfied that the circumstances so justify, he may, upon receiving a written request, extend the time for doing any act upon giving notice to the parties concerned and upon such terms as he may direct.9. Industrial Property Tribunal
10. Jurisdiction of Tribunal
Part III – Patents
11. Definitions
12. Patentable inventions
13. Right to patent
14. Application
15. Unity of invention
16. Right of priority
17. Information concerning corresponding foreign applications and patents
18. Filing date
19. Examination
20. Grant of patent
21. Rights conferred by patent
22. Duration
23. Exploitation by Government or person thereby authorized
24. Non-voluntary licences
25. Invalidation
26. Patent Co-operation Treaty
Part IV – Industrial designs
27. Definitions
28. Registrable industrial design
29. Right to industrial design
30. Application
31. Registration
32. Rights conferred by registration
33. Duration and renewal
34. Invalidation
Part V – Marks, collective marks, trade names
35. Definitions
For the purposes of this Part—"Collective mark" means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality of goods or services, of different enterprises which use the sign under the control of the registered owner of the collective mark;"mark" means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise from those of other enterprises; and"Trade name" means the name or designation identifying and distinguishing an enterprise.36. Acquisition of exclusive right to a mark
37. Application for registration
38. Examination and opposition
39. Registration of mark
Where the Controller finds that the conditions referred to in section 38 (1) are fulfilled, and either—40. Rights conferred by registration
41. Duration
42. Invalidation
43. Removal on grounds of non-use
44. Collective marks
45. Licensing of marks
46. Trade names
Part VI – General provisions
47. Changes in ownership
48. Licence
49. Agents
Where an applicant's residence or principal place of business is outside Mauritius, he shall be represented by a law practitioner resident and practicing in Mauritius or an approved agent.50. Appeal to Supreme Court
51. Offences
52. Unfair practice
53. Regulations
54. ***
55. Transitional provisions
56. ***
History of this document
30 June 2017 this version
Consolidation
06 January 2003
Commenced