Mozambique

Those eligible to use the “Orgulho Moçambicano. Made in Mozambique” mark shall be enterprises, associations of enterprises, groups, cooperatives and public and private institutions that cumulatively satisfy the general and particular requirements set out in the following Articles, without prejudice to the observance of other requirements enshrined in other regulations, both general and particular, currently in force, which may be applicable to them.

Article 7

The following general eligibility requirements shall apply to the bodies referred to in Articles 2 and 6 of this Regulation:

a)

They must have been set up under Mozambican law;

b)

They must comply with the labor legislation currently in force in the Republic of Mozambique;

c)

They must comply with the regulations currently in force in this country on hygiene, public health, plant and animal health, and the environment;

d)

They must show that they have duly paid their tax and social security contributions to the relevant institutions, in particular the Tax Authorities and the National Social Security Institute;

e)

They must comply with the legal requirements stipulated for carrying on their business, in particular as regards licensing;

f)

They must produce and market products and services that are suited to the target markets.

1.

The following are particular requirements relating to the conditions that must be fulfilled by food products placed in circulation for sale to the public:

a)

Their packaging must display use-by dates, chemical composition and ingredients;

b)

Where applicable, they must possess certificates showing that they have undergone laboratory tests conducted by competent authorities;

c)

They must have labels duly approved by the competent national body.

2.

The following are specific requirements for industrial products:

a)

During processing, their value must have increased by at least 20%;

b)

In the Tariff Schedule they must be classified differently from the raw material from which they are derived.

3.

The following are specific requirements for fisheries and agricultural products:

a)

They must be in a good state of preservation;

b)

They must fulfill the other quality requirements set out in Specific Regulations.

4.

Respect for the specific rules laid down for carrying out the type of activity, and adapted to the target markets, is a particular requirement in relation to services provided for consumers.

1.

When applying to be granted the right to use the “Orgulho Moçambicano. Made in Mozambique” mark, applicant bodies must fill out a specially designed form and submit it to UTPPRON.

2.

Applicant bodies situated in the provinces must submit the form referred to in the preceding paragraph to the Provincial Industry and Commerce Directorates, where they must be duly examined and forwarded to UTPPRON.

1.

The form referred to in the preceding paragraph must be accompanied by the following documents:

a)

A copy of the Code of Ethics, or its equivalent, relating to the exercise of the activity in question;

b)

A certificate of acquittance showing that taxes have been duly paid;

c)

A certificate showing that social security contributions have been duly paid to the National Social Security Institute;

d)

Up-to-date proof salary payments;

e)

Laboratory test certificates for the products, where applicable.

2.

In cases where this proves necessary, UTPPRON may request applicant bodies to supply further information.

Article 11

As part of the process of analyzing an application to be granted the right to use the mark, applicant bodies shall undergo an initial inspection at their premises by a multisectoral technical team composed of representatives of the following official bodies:

a)

Technical Unit for the Promotion of Mozambican Products;

b)

National Institute for Standardization and Quality;

c)

Industrial Property Institute;

d)

Institute for the Promotion of Exports;

e)

And others depending on the subject in question.

1.

Applications to be granted the right to use the mark shall be analyzed and decided on within 30 (thirty) days of the date of the examination of the application.

2.

The decision shall be backed up by reports on the technical visit, and any other steps deemed necessary in relation to the applicants carried out by the multisectoral technical team referred to in the preceding Article.

3.

Once the conditions and requirements laid down in this Regulation have been verified, the Director of UTPPRON shall issue a formal order of grant or refusal.

4.

The applicant body shall be notified immediately of the order referred to in the preceding paragraph.

5.

Once the order to grant has been officially drawn up, UTPPRON shall issue the applicant body with a certificate proving the right to use the mark, which shall be delivered at a public ceremony.

6.

The certificate referred to in the preceding paragraph of this Article, a model of which is appended to this Regulation, shall be approved by Order of the Minister for Industry and Commerce.

7.

UTPPRON shall inform the official consumer protection bodies of the orders of grant issued and shall publish them in the periodical newsletter of the Ministry of Industry and Commerce.

The term of the right to use the mark shall be a period of five years from the date on which it was granted, and it may be renewed for the same period at the express request of the party concerned.

The order granting the right to use the “Orgulho Moçambicano. Made in Mozambique” mark, issued to the applicant bodies, shall entail the signing of an agreement, between them and UTPPRON, in which the remaining conditions for using the mark, and the parties’ consideration, shall be stipulated.

Applicant bodies who have been granted the right to use the “Orgulho Moçambicano. Made in Mozambique” mark shall be entitled to the following benefits:

a)

They shall be involved in “Orgulho Moçambicano. Made in Mozambique” promotion campaigns;

b)

They shall be given priority in qualifying for training programs on competitiveness and quality financed or approved by the State of Mozambique;

c)

They shall receive preferential treatment in accessing implementation programs on quality management systems financed (whether directly or indirectly), promoted or approved by the State of Mozambique;

d)

They shall benefit from the distinction conferred by the “Orgulho Moçambicano. Made in Mozambique” mark in open tendering procedures and tender specifications, for the provision of goods and services to the State, on presentation of the Certificate;

e)

Technical assistance in registering industrial rights with the Industrial Property Institute.

1.

The “Orgulho Moçambicano. Made in Mozambique” mark may also be granted to applicants who intend to use it merely at occasional events, including commercial, cultural and entertainment events.

2.

For the purposes of the provisions contained in the preceding paragraph of this Article, applicants shall submit a request to UTPPRON indicating the following:

a)

The date of the event;

b)

The goal or purpose of the event;

c)

The venue for the event;

d)

The duration of the event;

e)

Other information considered relevant.

3.

The grant of the right to use the mark shall be for the duration of the event.

4.

The provisions of Article 10 of this Regulation shall apply, mutatis mutandis.

5.

Provincial Directors shall be empowered to grant or refuse the right to use the mark at occasional events to be held in their respective provinces.

6.

Applicant bodies to whom the right to use the mark has been granted, for occasional events, must publicize the “Orgulho Moçambicano. Made in Mozambique ”mark during the event in promotional material.

Applicant bodies who market or provide a high volume of products or services in accordance with conditions and criteria stipulated by UTPRRON, with the “Orgulho Moçambicano. Made in Mozambique” mark, shall be awarded a Certificate of Merit.