On 6 February 2023, Mauritius became the 114th member of the Madrid system, relating to the International Registration of Marks, by depositing its instrument of accession to the Madrid Protocol. This accession has strengthened the position of Mauritius in Africa and the Indian Ocean, in terms of protection of industrial property rights. Since 6 May 2023, trade mark owners in Mauritius are now able to protect their trade marks in all countries that are contracting parties to the Madrid Protocol, by obtaining an international registration with effect in each of these countries. Hence, when there is an international application for a trade mark, whereby Mauritius is the country of origin, this application must comply with the provisions of the Mauritian Industrial Property Act 2019, in addition to the Madrid Protocol.
International application of which Mauritius is the country of origin:
The procedure for an international application to obtain registration of a mark of which Mauritius is the country of origin starts with an application filed with the Industrial Property Office of Mauritius, which will thereafter transmit the application to the International Bureau of the World Intellectual Property Organization (the International Bureau). However, before transmitting the international application to the International Bureau, the Industrial Property Office of Mauritius will verify whether it may be considered as the office of origin in respect of that application and if the particulars furnished comply with the Madrid Protocol.
After the verification process, the Industrial Property Office of Mauritius will certify the application and forward it to the International Bureau. Of note, where Mauritius is a designated party, the director of the Industrial Property Office of Mauritius, must publish in the Mauritius Gazette, an application for international registration which may be opposed by any interested person. Where all procedures have been completed and there is no ground for the Industrial Property Office of Mauritius to refuse protection, the Industrial Property Office of Mauritius will, before the expiry of the refusal period provided for under Article 5 of the Madrid Protocol, send to the International Bureau, a statement to the effect that protection is granted to the trademark in Mauritius.
Rights conferred by trade mark registration under the Mauritian Industrial Property Act 2019:
From the moment that the trade mark is granted protection in Mauritius, no person will be able to use the registered mark in relation to the goods and services for which it has been registered, without the written agreement of the registered owner. If this is not respected, or should there be a suspicion of infringement, the owner will also have the right to take legal action against the person responsible for such actions.
Furthermore, if there is a suspicion of the use of signs similar to the registered trade mark, or if the use of this sign in connection with goods and services similar to those for which the trade mark has been registered is likely to confuse the public, the owner will also have the right to take legal action against the person responsible for these actions.
