Mozambique: Industrial Property Code (approved by Decree No. 47/2015 of December 31, 2015)

March 31, 2016

Mozambique: The Industrial Property Code (approved by Decree No. 47/2015 of December 31, 2015) entered into force on March 31, 2016. It repeals the Industrial Property Code (approved by Decree No. 04/2006 of April 12, 2006) and the Regulations on Appellations of Origin and on Geographical Indications (approved by Decree No. 21/2009 of June 3, 2009).

The new Code modifies inter alia: (i) the administrative procedures relating to the review of time limits for submission of documents regarding the registration of IP rights; (ii) appeals against the decisions of the Director General of the IP office; (iii) notification of provisional refusal of applications of patents, utility models and industrial designs by the Director General; (iv) and opposition proceedings for the registration of utility models, industrial designs and trademarks of goods or services, which are similar, identical and related to those for which the trademark was earlier registered. In addition, the Code makes substantial legal changes in establishing a more comprehensive legal framework for the protection of geographical indications and designations of origin and incorporates new sections, among others, relating to the definitions of certain specific terms, exclusions from patentability and the recognition of regional registrations through the Africa Regional Intellectual Property Organization (ARIPO).