Types of Intellectual Property in Mauritius
The following is a brief description of the various types of intellectual property in Mauritius:
i) Trademark
Under the Industrial Property Act of 2019, effective from 2022, Mauritius' trademark law now covers 'visually perceptible signs,' including specific colors, product shapes, and packaging. Since Mauritius joined the Madrid Protocol in May 2023, local businesses can now safeguard their brands in more than 130 countries via a single international application. Trademark registration in Mauritius is valid for an initial 10-year term and can be renewed indefinitely for additional 10-year periods. You must follow a structured process to register a trademark in Mauritius.
ii) Patents
Patents in Mauritius protect technical inventions for 20 years from the date of filing. The new law also introduces ‘Utility Models’, offering a shorter 7-year protection period for smaller innovations that may not meet the full criteria of a standard patent. Additionally, as a member of the Patent Cooperation Treaty (PCT), Mauritius enables inventors to simplify the process of seeking patent protection in multiple countries simultaneously.
iii) Copyright
Copyright in Mauritius is governed by the Copyright Act 2014, which offers significantly longer protection periods than previous laws. We have tabulated the types of work and their protection duration below:
Type of Work | Duration before Expiry |
The work of an author | Life of the author + 50 years after their death |
Anonymous work | 50 years from the date of creation |
Audio-visual work | 50 years from the date of creation (may vary depending on the type of commercial work) |
Photographic work | 50 years from creation |
Work of Applied Art | 25 years from the date of creation |
iv) Industrial Design
An industrial design protects the visual appearance of a product, such as its unique shape, pattern, or configuration, created through an industrial process. To obtain these rights, you must apply to the Controller of the Industrial Property Office. The protection is initially granted for 5 years and can be renewed for up to 20 years in total. Since Mauritius is a member of the ARIPO Harare Protocol, owners can register utility models and industrial designs in multiple African nations through a single application.
v) Geographical Indication (GI)
A geographical indication is a mark used on products from a specific area that have certain qualities or a reputation. Unlike some other rights, GIs in Mauritius must be registered with the Industrial Property Office to receive complete legal protection. Once registered, the protection lasts for 10 years and can be renewed indefinitely. There is an exception for those who have used a GI continuously for at least ten years since 1994, allowing them to continue their specific use.
vi) Layout Design of Integrated Circuits
In Mauritius, these "topographies" are protected under the Industrial Property Act 2019. This legal safeguard ensures that the complex internal architecture of computer chips and electronic components cannot be copied. Protection typically lasts for 10 years from the date the design was first used commercially or from the date the application was filed.
vii) Plant Varieties Protection
Also known as "Plant Breeder’s Rights," this allows creators of new plant varieties to control the reproduction and sale of their discovery. For a plant to be protected, it must be new, distinct from existing types, uniform, and stable across generations. Once registered, protection lasts for 20 years from the date of registration. For specific long-term crops, such as vines and trees, this protection is extended to 25 years.
