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Legal Update

Mozambique enacts new Industrial Property Code

7 April 2016
Tauil & Chequer Legal Update

On the last day of 2015, the Council of Ministers – by means of Decree No. 47/2015 – published the new Industrial Property Code - IPC. Effective since March 30, 2016, the new IPC revoked the previous Code of 2006.

The IPC establishes the new legal regime for protection of industrial property rights within the Mozambican legal framework, aiming to grant greater efficiency in the filing procedures for protection of industrial property rights by simplifying the registration process. The new IPC looks to stimulate  technology innovation in the country.

The new Code seeks to harmonize the Mozambican legal system with  International Treaties for the protection of industrial property and to speed up the procedures before the Institute of Industrial Property - IIP. Among the innovations, the reduction of the deadline is notable, which went from 60 days to 30 days for third parties to file for oppositions against trademark applications.

The IPC allows for the possibility of an appeal to the General-Director of the IIP against orders that grant, refuse or suspend industrial property rights, with the additional possibility of a tutelary appeal to the Minister of Industry and Commerce. The Minister’s order can be judicially appealed by the Administrative Court.

Jurisdiction for supervision of violations of industrial property rights is jointly attributed to the IIP and to the National Inspector of Economic Activities - INAE. The jurisdiction to settle conflicts between private parties resulting from an industrial property violation remains with the Ordinary Court, but the IPC innovations include extrajudicial mechanisms to solve litigations, namely arbitration, mediation and conciliation.

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