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Intellectual Property in Mozambique

Intellectual Property in Mozambique

  • Tiago Arouca Mendes & Jhane Dulce Machava • MDR Advogados

Intellectual Property is extremely valued in developed countries, which make large investments in research, technology and innovation, such as the United States of America, China, among others. This is because Intellectual Property is considered one of the great engines of development of the world economy.

In Mozambique the matter of Industrial Property (IP) is regulated since 1959. Currently, Mozambique has a legal framework on Industrial Property to face the new dynamics of this area of Law, namely the Industrial Property Code (Decree no. 57/2015, of 31 December), the Regulation of Industrial Property Agents (Decree no. 19/99, of 4 May), among others, and the Institute of Industrial Property was created by Decree 50/2003, of 24 December, under the Ministry of Industry and Trade, which deals specifically with matters related to IP (all trade, services and industry).

Intellectual Property consists of ensuring the protection of private industrial property rights and the rights related to literary, artistic and scientific works, among others. It is divided into two parts: copyright and related rights (namely poems, works of art, music, among others); and industrial property rights, the private industrial property rights (IPR), which include patents, utility model, industrial design, trademark (of products and services, collective and certification), insignia, commercial name, logo, geographical indication, appellation of origin and reward. In Mozambique, IPRs listed in the Mozambican Industrial Property Code (CPIM) are protected.

Since the creation of the Industrial Property Institute (IPI), Mozambique has recorded advances in terms of the adhesion of economic agents, creators, inventors, among others, to the registration of private industrial property rights. The IPI and the Official Industrial Property Agents have played a fundamental role in disseminating the importance of registration and regularization of these rights, so that more and more interested parties do their registration.

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The IPR registration is made at IPI, and can be requested by the interested natural person or his representative, by the interested legal person or his legal representative or accredited employee, or by an official industrial property agent.

Despite the advances registered, Mozambique still has many challenges regarding the protection of the private industrial property rights of the nationals, mainly in the provinces. It is not enough just to disseminate the importance of IPR protection, it is also necessary to raise awareness among economic agents about the current economic relevance of IPR protection, making known the benefits of regularization that can avoid a lengthy and costly process.



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