WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/MUS/I/3
26 May 2003
(03-2821)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROP ERTY LAWS AND REGULATIONS
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT
MAURITIUS
The present document reproduces the text1 of the following laws and regulations, as notified by Mauritius
under Article 63.2 of the Agreement (see document IP/N/1/MUS/2):
Page
- The Patents, Industrial Designs and Trademarks Act 2002, Act Nº 25 of 2002. 2- Reprint, dated 9 October 2002, of sections 2 and 49 of the above-mentioned Act. 37
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
MAURICE
Le présent document contient les textes
1 des lois et réglementations ci-après, notifiées par Maurice au titre
de l'article 63:2 de l'Accord  (voir le document IP/N/1/MUS/2):
Page
- Loi de 2002 sur les brevets, les dessins et modèles industriels et les marques de fabrique ou de
commerce, Loi n° 25 de 2002.2
- Réimpression, du 9 octobre 2002, des articles 2 et 49 de la loi susmentionnée. 37
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 DEL
ARTÍCULO 63 DEL ACUERDO
MAURICIO
En el presente documento se reproduce el texto1 de las siguientes leyes y reglamentos que Mauricio notificó
de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MUS/2):
Página
- Ley de Patentes, Dibujos y Modelos Industriales y Marcas de Fábrica o de Comercio de 2002,
Ley Nº 25 de 2002.2
- Reimpresión, de 9 de octubre de 2002, de los artículos 2 y 49 de la Ley mencionada supra .3 7
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/MUS/I/3
Page 2
THE PATENTS, INDUSTRIAL DESIGNS AND
TRADEMARKS ACT 2002
Act No.25 of 2002
I assent
K.OFFMANN
8th August 2002     President of the Republic
_______________
ARRANGEMENT OF SECTIONS
Section
PART  I - PRELIMINARY
1. Short title
2. Interpretation
PART II - INSTITUTIONAL FRAMEWORK
3.  Establishment of the Industrial Property Office
4.   Functions of the Controller5. Powers of the Controller
6. Registers
7. Correction of errors
8.   Extension of Time
9. Industrial Property Tribunal10. Jurisdiction of Tribunal
PART  III - PATENTS
11. Definitions
12. Patentable inventions
13. Right to patent14. Application
15. Unity of invention
16. Right of priority
17. Information concerning corresponding foreign applications and patents
18. Filing date
19.  Examination
20.  Grant of patent21.  Rights conferred by patent
22. Duration
23. Exploitation by government or person thereby authorized
24. Non-voluntary licences
25. Invalidation26. Patent Cooperation TreatyIP/N/1/MUS/I/3
Page 3
PART  IV - INDUSTRIAL  DESIGNS
27. Definitions
28. Registrable industrial design
29. Right to industrial design
30. Application
31. Registration32. Rights conferred by registration
33. Duration and renewal
34. Invalidation
PART  V - MARKS, COLLECTIVE MARKS, TRADE NAMES
35. Definitions
36. Acquisition of the exclusive right to a mark
37. Application for registration38. Examination and opposition
39. Registration of mark
40. Rights conferred by registration
41. Duration
42. Invalidation43. Removal on grounds of non-use
44. Collective marks
45. Licensing of marks
46. Trade names
PART VI -  GENERAL PROVISIONS
47. Changes in ownership48. Licence
49. Agents
50. Appeals to Supreme Court
51. Offences52. Unfair practice
53. Regulations
54. Repeal
55. Transitional provisions
56. CommencementIP/N/1/MUS/I/3
Page 4
An Act
To provide for the protection of industrial property rights,
 including patents, industrial designs and trademarks
ENACTED BY THE PARLIAMENT OF MAURITIUS, AS FOLLOWS-
PART  I - PRELIMINARY
1. Short title
This Act may be cited as The Patents, Industrial Designs and Trademarks Act 2002.
2. Interpretation
In this Act -
"Controller" means the Controller of Industrial Property Office referred to in
section 3;
"Competent authority" means the Permanent Secretary of the Ministry;
"industrial property" includes –(a) “patent”, “invention”, “industrial desi gn”, “trade mark”, “trade name”,
“service mark” and “collective mark” as defined under sections 11, 27 and 35
of this Act;
(b) “layout-design of integrated circuit” as defined under section 2 of the Layout
Designs (Topographies) of Integrated Circuit Act 2002; and
(c) “geographical indications” as defined under section 2 of the Geographical
Indications Act 2002;
“industrial property enactme nts” means the Patents, Industrial Designs and
Trademarks Act 2002, the Geographical Indications Act 2002, the Layout Designs(Topographies) of Integrated Circuit Ac t 2002 and the Protection Against Unfair
Practices (Industrial Pr operty Rights) Act 2002;
"International Classification" means -(a) as regards industrial designs, the classification according to the Locarno
Agreement of October 8, 1968 (as last revi sed) establishing an International
Classification for Industrial Designs;IP/N/1/MUS/I/3
Page 5
(b) as regards marks, the classification according to the Nice Agreement concerning the
International Classification of Goods and Services for the Purposes of the
Registration of Marks, of June 15, 1957;
“legal practitioner” has the same meaning as in the Law Practitioner’s Act;
"Minister" means the Minister to whom the responsibility for the subject of
international trade is assigned;
“Ministry” means the Ministry responsible  for the subject of international trade;
"Office” means the office established under section 3;"Patent Cooperation Treaty" means th e Patent Cooperation Treaty done at
Washington on June 19, 1970;
“Paris Convention” means the Paris Conve ntion for the Protection of Industrial
Property of 1883;
"priority date" means the date of the earlier application that serves as the basis for the
right of priority provided for in the Paris Convention;
"Registers" means the Registers referred to in section 6(1);"Tribunal" means the Tribunal for Industr y Property established under section 9;
“unfair practice” has the same meaning as in  the Unfair Practices (Industrial Property
Rights) Act 2002;
"World Trade Organisation" means the Wo rld Trade Organisation established under
the Marrakesh Agreement 1994.
PART II - INSTITUTIONAL FRAMEWORK
3. Establishment of the Industrial Property Office
(1) There is established for the purposes of this Act, a department within the
Ministry, to be known as the Industrial Property Office.
(2) The Office shall be administered by a Controller who shall be –
(a) a public officer;
(b) appointed by the Public Service Commission; and
(c) responsible for the control, operation and management of the daily business
of the department.IP/N/1/MUS/I/3
Page 6
(3) The Minister may give such directions of a general character, not inconsistent with
this Act, to the Controller for the proper discharge of his functions under the industrial property
enactments and for the implementation of such policies as may be determined.
(4) There shall be posted to the Office such officers as may be necessary for the
proper discharge of the functi ons and duties of the office.
(5) The officers posted to the Office shall be public officers and shall be under the direct
administrative control of the Controller.
(6) The Controller may, subject to the approval of the Minister, appoint, on an ad-hoc
basis, such assessors and technical experts on such terms and conditions, as he may consider
necessary.
(7) The Controller may, in the discharge of his duties under the industrial property
enactments, issue administrative procedures.
4. Functions of the Controller
(1) The Controller shall –
(a) upon an application under any of the industrial property enactments –
(i) grant a filing date in respect of such application;
(ii) examine such application;
(iii) grant the patent, wherever applicable; and
(iv) register any mark, industrial design, geographical indication or lay-
out design, as the case may be;
(b) either on his own initiative or upon a complaint made, investigate any
allegation of an offence under any of the industrial property enactments; and
(c) ensure that the policies and procedures of the office comply with any relevant
international standards and guidelines concerning industrial property.
(2) Where the Controller has concluded an  investigation under subsection 1(b), he
shall refer the matter to the Director of P ublic Prosecutions for any appropriate action.
5. Powers of the Controller
(1) The Controller shall have such powers as may be necessary to carry out the functions
of the Office under, and in order to enforce, any of the industrial property enactments, and in
particular to -
(a) require any person whose affairs are being investigated to answer any
question or otherwise furnish any information or produce such document as
may be relevant to the investigation;
(b) require any public officer to furnish information or produce any document in
his custody;IP/N/1/MUS/I/3
Page 7
(c) apply to a Judge in Chambers for an order to authorise him or any of his
officers to enter and search, at all reasonable times, any premise or place of
business and remove thereupon any document or material that may provide
evidence relevant to an investigation being conducted; and
(d) detain any document or goods that may be relevant to the investigation.
(2) The Controller may, for the purposes  of conducting any investigation under
this Act, use the services of any police officer or other public officer designated for thatpurpose by the Commissioner of Police, or the H ead of Civil Service, as the case may be.
(3) The Commissioner of Police shall give such assistance as may be necessary to the
Controller to enable him to discharge his functions under this Act.
6. Registers
(1) The Office shall maintain separate Registers for pa tents, industrial designs,
marks and collective marks and tradenames.
(2) All the entries and recordings provided for in this Act shall be effected in the
appropriate Register.
(3) Subject to section 48(1), the Registers may be consulted by any person and
any person may obtain extracts therefrom, unde r such conditions as may be prescribed.
(4) The Controller shall cause to be pub lished, all the publications provided for in
this Act, in such manner as may be prescribed.
7. Correction of errors
The Controller may, subject to any regulations as may be prescribed, correct any error
of translation or transcription, clerical error or mistake, in an y application or document filed
with the Controller or in any recording effected pursuant to this Act.
8. Extension of time
Where the Controller is satisfied that the circumstances so justify, he may, upon receiving a
written request, extend the time for doing any act upon giving notice to the parties concerned andupon such terms as he may direct.
9. Industrial Property Tribunal
(1) There is established, for the purposes of the industrial property enactments, an Industrial
Property Tribunal, which shall consist of -
(a) a Chairman, who shall be a law practitioner of not less than 5 years standing
and having experience in industrial property; and
(b) such other members, being not more than 5, 2 of whom shall have experience
in the field of finance and business or public administration;IP/N/1/MUS/I/3
Page 8
as may be appointed by the Minister after consultation with the Prime Minister.
(2) For the purposes of hearing and determining an appeal under any of the
industrial property enactments, the Tribunal shall consist of the Chairman and 2 members.
(3) The Minister may designate such public officers as he thinks fit, including a
Registrar, to assist in the conduc t of the business of the Tribunal.
(4) The members of the Tribunal shall be appointed, on such terms and conditions, and
be paid such fees, as the Minister may approve.
10. Jurisdiction of Tribunal
(1) The Tribunal shall have jurisdiction to hear and determine an -
(a) appeal by any person who feels aggrieved by any decision taken by the
Controller, under any of the industr ial property enactments, other than
a decision under section 4(1)(b);
(b) application by a person to the Tribunal for a ruling on the interpretation
of any provision of any of the i ndustrial property enactments; and
(c) application under section 23(1) (b) of this Act.
(2) Any appeal to the Tribunal, under subsection (1)(a), shall be made within 28 days of
the decision of the Controller.
(3) The Tribunal shall sit at such time and place as the Chairman may determine.
(4) The Tribunal shall, subject to such regulations as may be prescribed, regulate its own
proceedings and may -
(a) make such orders for requiring the attendance of persons and the production
of articles or documents, as it thinks necessary for the conduct of its business;and
(b) take evidence on oath.
(5) On the hearing of an appeal, the Tribunal may confirm, amend or cancel a decision
made by the Controller or give such determination as it considers appropriate.
(6) On the hearing of an appeal under subsection (1)(a) or an application under
subsection (1)(c), the Tribunal shall, if necessary, hear the parties and shall make an order
determining whether, and subject to what conditions or limitations as to the mode or place of use or
otherwise, the grant of patent or registration of mark or industrial design, is to be permitted.
(7) In proceedings under subsection (1)(a), no grounds of opposition to the registration or
grant of an industrial property, other than those stated by the party in his notice of oppostion, shall,
except by leave of the Tribunal, be allowed to be taken by the party giving notice of opposition or the
Controller.IP/N/1/MUS/I/3
Page 9
(8) Where, after the Tribunal has allo wed any further ground of opposition, under
subsection (7), the respondent decides to withdraw  his application, he shall give notice to the
Tribunal and any other party to the appeal acco rdingly within one month of the leave being
granted, and no cost shall be awarded against him.
(9) In any appeal under this section, the Tr ibunal may, after hearing the parties to
the appeal, order that any industrial propert y proposed to be registered or granted, be
modified in any manner not substantially affecting its identity.
(10) Any trademark, modified under subsecti on (9), shall be advertised by the
applicant in the Government Gazette and in  2 daily newspapers, one of which shall be
approved by the Controller, before being registered.
(11) Where any party who has given notice of opposition or of appeal, does not reside or
carry on business, and does not possess property, in Mauritius, the Tribunal may require him to give
security for costs of the proceedings before it relating to the opposition or appeal, and in default ofsuch security being given, may treat the opposition or appeal as abandoned.
PART  III - PATENTS
11. Definitions
(1) For the purposes of this part-
“patent” means the title granted to protect an invention;“invention” means an idea of an inve ntor which provides the solution to a
specific problem  in th e field of technology.
(2) For the purposes of subsection (1), an  invention may be, or may relate to a
product or a process.
(3) The following, even if they are inventions within the meaning of subsection
(1), shall be excluded from patent protection –
(a) discoveries, scientific theori es and mathematical methods;
(b) schemes, rules or methods for doing business, performing purely
mental acts or playing games;
(c) methods for treatment of the human or animal body by surgery or
therapy, as well as diagnostic methods practised on the human oranimal body;
(d) plants;
(e) animals;IP/N/1/MUS/I/3
Page 10
(f) essentially biological processes for the production of plants and
animals;
(g) plant varieties; and
(h) literary, dramatic, musical or artistic works or any other aesthetic
creation whatsoever.
(4) Notwithstanding subsection (3), an y product used in any of the methods
referred to in subsection (3)(c), sh all not be excluded from protection.
12. Patentable inventions
(1) An invention shall be patentab le under this Act where it –
(i) is new;
(ii) involves an inventive step;
(iii) is capable of industrial application.
(2) An invention is new where it is not anticipated by prior art.(3) For the purposes of subsection (2), prio r art shall consist of anything disclosed
to the public, anywhere in the world, by publication in tangible form or by oral disclosure, byuse or in any other way, prior to the filing or, where applicable, the priority date, of theapplication claiming the invention.
(4) For the purposes of subsection (3), disc losure to the public of the invention
shall not be taken into  consideration where -
(a) it occurred within 12 months preceding the filing date or, where
applicable, the priority date  of the application; and
(b) it was by reason or in consequence of acts committed by the applicant
or his predecessor in title or of an abuse committed by a third partywith regard to the applicant or his predecessor in title.
(5) An invention shall be considered as i nvolving an inventive step where, having
regard to the prior art relevant to the app lication claiming the invention, it would not have
been obvious to a person having ordinary skill in the art.
(6) An invention shall be considered indus trially applicable where it can be made
or used in any kind of industry.
(7) For the purposes of subsection (6), the term “industry” shall be construed in its
broadest sense and shall also  cover, handicraft, agriculture, fishery and services.IP/N/1/MUS/I/3
Page 11
(8) Any commercial exploitation of an inve ntion, which is contrary to public order
or morality, shall not be patentable.
13. Right to patent
(1) The right to a patent shall belong to the inventor.
(2) Where two or more persons have join tly made an invention, the right to the
patent shall belong to them jointly.
(3) Where two or more persons have ma de the same invention independently of
each other, the person whose application has the ea rliest filing date or, if  priority is claimed,
the earliest validly claimed priority date shall have the right to the patent, as long as the saidapplication is not withdrawn, abandoned or rejected.
(4) Any right to a patent may be assign ed or may be transferred by succession.
(5) Where an invention is made in th e execution of, or under, an employment
contract, the right to the patent shall belong, in the absence of any express provisions to the
contrary, to the employer.
(6) Every patent shall contain the name of the inventor unless, in a special written
declaration signed by him and addressed to the Controller, indicates that  he wishes not to be
named.
(7) Any promise or undertaking by the inventor, made to any person to the effect
that he will make a declaration under s ubsection (6), shall be without effect.
14. Application
(1) An application for a patent shall be -
(a) made in the prescribed form;
(b) filed with the Controller in such manner as may be prescribed under
this Act; and
(c) subject to payment of the prescribed fee.IP/N/1/MUS/I/3
Page 12
(2) An application for a patent shall contain –
(a) a request which includes-
(i) a petition to the effect that a patent be granted;
(ii) the name of and other prescribed data concerning the applicant,
the inventor and the agent, if any;
(iii) the title of the invention;
(b) a description of the invention, any claim and any drawing and an
abstract;
(c) where the applicant is not the inventor, a statement justifying the
applicant’s right to the patent; and
(d) where the applicant’s ordinary residence or principal place of business
is outside Mauritius, an address within Mauritius for service of anydocument.
(3) Any description, referred to in subsec tion (2)(b), shall disclose the invention in
a manner which is sufficiently clear and complete  for the invention to be carried out by a
person having ordinary skill in the art, and shall, in particular, indicate at least one modeknown to the applicant for carrying out the invention.
(4) Any claim shall –
(a) define the matter for which protection is sought;
(b) be clear and concise and fully supported by the description.
(5) The description and the drawings in respect of any patent may be used to
interpret any claim under subsection (4).
(6) Any abstract, referred to in subsecti on (2) (b), shall be used for technical
information only and shall not be  taken into account for the purpose of interpreting the scope
of the protection.
(7) Any applicant may, before the application is granted, withdraw the application
on payment of a prescribed fee.
15. Unity of invention
(1) Any application shall relate to one invention only or to a group of inventions
so linked as to form a single general inventive concept.IP/N/1/MUS/I/3
Page 13
(2) An applicant may, at any time before the application is granted, amend the
application, provided that the amendment shall not go beyond the disclosure in the initial
application.
(3) The applicant may, at any time before the application is granted, divide the
application into two or more applications, provided that each  divisional application shall not
go beyond the disclosure in the initial application.
(4) Every divisional application shall be entitled to a filin g date and, where
applicable, the priority date of the initial application.
(5) Where a patent has been granted follo wing an application that did not comply
with the requirement of unity of invention unde r subsection (1), such failure to comply with
subsection (1) shall not be a ground fo r the invalidation of the patent.
16. Right of priority
(1) An application may contain a declaration claiming the priority, as provided for
in the Paris Convention, of one or  more earlier national, regional  or internati onal applications
filed by the applicant or his predecessor in title in or for any State party to the said conventionor any member of the World Trade Organisation.
(2) Where the application contains a declaration under subsection (1), the
Controller may require the applicant to furnish, within the prescribed time limit, a copy of theearlier application certified as correct by the office with which it was filed.
(3) The effect of the said declaration sh all be as provided in  the Paris Convention.
(4) Where the Controller finds that the requirements under this section have not
been fulfilled, the said declaration shall be considered not to have been made.
17. Information concerning corresponding foreign applications and patents
(1) An applicant shall, where requested to  do so by the Controller, furnish him
with the date and number of any application for a patent filed by him abroad relating to thesame or essentially the same invention as that claimed in the application filed with theController.
(2) An applicant shall, where requested to  do so by the Controller, furnish him
with the following documents relating to one of the foreign applications referred to in
subsection  (1) –
(a) a copy of any communication received by the applicant concerning
the results of any search and examination carried out in respect ofthe foreign application;
(b) a copy of the patent granted on th e basis of the foreign application;IP/N/1/MUS/I/3
Page 14
(c) a copy of any final decision rej ecting the foreign application or
refusing the grant requested in the foreign application.
(3) An applicant shall, where requested to  do so by the Controller, furnish him
with a copy of any final decision invalidating the patent granted on the basis of the foreignapplication referred to in subsection (2).
18. Filing date
(1) The Controller shall accord, as the filing date, the date of receipt of the
application, provided that, at the time of  receipt, the application contains –
(a) an express or implicit indication that the granting of a patent is sought;
(b) indications allowing the identity of the applicant to be established;
(c) a part which, on the face of it, appears to be a description of an invention.
(2) Where the Controller finds that the application did not, at the time of receipt,
fulfil the requirements referred to in subsection (1), he shall invite the applicant to file therequired correction and shall accord as the filing date, the date of receipt of the requiredcorrection.
(3) Where no correction is made, the appli cation shall be treated as if it has not
been filed.
(4) Where the application refers to dr awings which are not included in the
application, the Controller may request the a pplicant to furnish the missing drawings.
(5) Where the applicant complies with  a request under subsection (4), the
Controller shall accord as the filing date, the date of receipt of the missing drawings.
(6) Where the applicant fails to comply with a request under subsection (4), the
Controller shall accord as the filing date, the date  of receipt of the app lication and shall treat
any reference to the said drawings as non-existent.
19. Examination
(1) The Controller shall,  after according a filing date, examine -
(a) whether the application complies with section 14 and any other
provisions of this Act; and
(b) whether any information requeste d under sections 16 and 17 has been
provided.
(2) For the purposes of subsection (1), th e Controller shall take into account -IP/N/1/MUS/I/3
Page 15
(a) the results of any international search reports, and any
international preliminary reports, made in relation to the  application;
(b) any search and examination repor t submitted under section 17(2)(a);
and
(c) any final decision submitted under section 17(2)(c).
20. Grant of patent
(1) Where the Controller finds that the cond itions referred to in section 19(1) have
been fulfilled, he shall grant the patent.
(2) Where an application fails to comply with the conditions referred to in section
19(1), the Controller shall reject the applica tion and notify the applicant of his decision.
(3) Where the Controller gran ts a patent, he shall –
(a) cause to be published, a reference to the grant of the patent, in such
manner as may be prescribed;
(b) issue to the applicant a certificate of the grant of the patent and a copy of
the patent;
(c) record the patent; and
(d) make available copies of the pate nt to the public, on payment of the
prescribed fee.
(4) The Controller may, upon a request of the owner of the patent,  make any
change in the text or drawings of the patent in order to limit the extent of the protectionconferred thereby, provided that the change w ould not result in the disclosure contained in
the patent going beyond the disclosure contai ned in the initial application on the basis of
which the patent was granted.
(5) Any request under subsection (4) shall be accompanied by the prescribed fee.(6) The Controller, shall, whenever possible, reach a final decision of the
application not later than two years after the commencement of the examination referred to insection 19(1).IP/N/1/MUS/I/3
Page 16
21. Rights conferred by patent
(1) Any exploitation of the patented invention in Mauritius by any person other
than the owner of the patent, shall require the latter’s agreement.
(2) For the purposes of this Act, the “expl oitation” of a patented invention shall
mean -
(a) where the patent has been granted in respect of a
product –
(i) the making, importing, offering for sale, selling and using the
product;
(ii) stocking such product for the purposes of offering for sale,
selling or using;
(b) where the patent has been granted in respect of a
process –
(i) the use of the process;(ii) the performance of any of the acts referred to in paragraph (a)
in respect of a product obtained directly by means of theprocess.
(3) Any owner of a patent shall, in a ddition to any other rights, remedies or
actions available to him, have the right, subj ect to subsection (4) and section 22, to institute
civil proceedings in damages against any person who infringes the patent by performing,without his agreement, any of the acts referre d to in subsection (2) or who performs acts
which make it likely that infringement will occur.
(4) Any right under the patent shall not extend –
(a) to acts in respect of articles which have been put on the market in
Mauritius or in any other country by th e owner of the patent or with his
consent, or by any other authorised party;
(b) in respect of articles which have been put on the market in Mauritius or
in any other country or imported into Mauritius;
(c) to the use of articles on aircraft, land vehicles or vessels of other
countries which temporarily or accide ntally enter the airspace, territory
or waters of Mauritius; or
(d) to acts done only for research and ex perimental purposes relating to a
patented invention;IP/N/1/MUS/I/3
Page 17
(e) to acts performed by any person who in good faith, before the filing or,
where priority is claimed, the priority date of the application on whichthe patent is granted and in Mauritius, was using the invention or wasmaking effective and  serious preparations for such use.
(5) The right of any prior use referred to in subsection (4) may only be transferred to or
devolve upon the enterprise or business, or with that part of the enterprise or business, in which the
use or preparations for use have been made.
22. Duration
(1) Subject to subsection (2), a patent shall expire 20 years after the filing date of
the application for the patent.
(2) In order to maintain the patent or pate nt application, an annual fee as may be
prescribed shall be payable to the Controller for each year, following the year of the filingdate.
(3) If the annual maintenance fee is not paid in accordance with the provisions of
subsection (2), the patent appli cation shall be deemed to have  been withdrawn and the patent
shall lapse.
23. Exploitation by government or person thereby authorized
(1) Where the competent authority -
(a) is satisfied that the public interest including, national security,
nutrition, health or the developmen t of other vital sectors of the
national economy so requires; or
(b) has, on the application of any part y, determined that the manner of
exploitation, by the owner of the patent or his licensee, is anti-competitive and that it is necessary  to remedy such anti-competitive
practice;
it may, upon a request being made, authorise, even  without the agreement of the owner of the
patent, authorise a Government agency or a th ird person to exploit the patented invention.
(2) The exploitation of the patented invention shall be limited to the purpose for
which it was authorized and shall be subject to the payment, to the owner, of an adequatecompensation.
(3) For the purposes of a decision under s ubsection (1) the competent authority
shall take –
(a) into account the economic value of th e authorization, as determined in
the said decision, and where a decision has been taken under
subsection (1)(b), the need to correct anti-competitive practices; andIP/N/1/MUS/I/3
Page 18
(b) his decision after hearing the owner of the patent and any interested
person, whenever necessary.
(4) A request for the authorization under subsection (1) shall be accompanied by
evidence that the owner of the patent has received, from the person seeking the authorization,a request for a contractual licence, but that the latter has been unable to obtain such a licenceon reasonable commercial terms and conditions and within a reasonable time.
(5) Subsection (4) shall not apply in cases of -
(a) national emergency or other ci rcumstances of extreme urgency
provided, however, that in such case s the owner of the patent shall be
notified of the competent authority’s decision as soon as reasonablypracticable;
(b) public non-commercial use; and(c) anti-competitive practices determined as such by the competent
authority in accordance with subsection (1)(b).
(6) The exploitation of a patented i nvention in the field of semi-conductor
technology by a person other than the owner, shall only be authorized -
(a) where the competent authority has determined that the manner of
exploitation of the patented invention, by the owner of the patent or his
licensee, is anti-competitive and is satisfied that the issuance of thenon-voluntary licence would remedy such practice; or
(b) for public non-commercial use.
(7) The authorization shall not exclude -
(a) the conclusion of licence contract s by the owner of the patent;  or
(b) the continued exercise, by the owne r of the patent, of his rights under
section 21; or
(c) the issuance of a non-voluntary licence under section 24.
(8) Where a third person has been authorised by the competent authority, the
authorization may only be transferred with the enterprise or business of that person or with
the part of the enterprise or business within which the patented inven tion is being exploited.
(9) Upon a request of the owner of the patent, or the Government agency or of the
third person authorized to exploit the patented  invention, the competent authority may, after
hearing the parties, whenever necessary, vary the terms of the decision authorizing theexploitation of the patented invention to the extent that any change in circumstances justifiessuch variation.IP/N/1/MUS/I/3
Page 19
(10) Upon the request of the owner of the patent, the competent authority shall
terminate the authorization if he is satisfied, after hearing the parties, whenever necessary,that the circumstances which led to the decision have ceased to exist and are unlikely to recuror that the Government agency or third person authorised has failed to comply with the termsof the decision
(11) Notwithstanding subsection (10), the competent authority shall not terminate
the authorization where he is satisfied that the need for adequate protection of the legitimateinterests of the Government agency or third person authorised, justifies the maintenance ofthe decision.
(12) The decision of the competent authorit y under this section shall be subject to
review by the Supreme Court.
24. Non-voluntary licences
(1) Upon request made to the Controller afte r the expiration of a period of 4 years
from the date of filing of the patent application or 3 years from the date of the grant of thepatent, whichever period expires last, the C ontroller may issue a non-voluntary licence if he
is satisfied that the patented invention is not exploited or is insufficiently exploited, byworking the invention locally or by importation, in Mauritius.
(2) Notwithstanding subsection (1), a non- voluntary licence shall not be issued if
the owner of the patent satisfies the Controlle r that circumstances exist which justify the non-
exploitation or insufficient exploitation of the patented invention in Mauritius.
(3) The decision issuing the non -voluntary licence shall fix -
(a) the scope and the function of the licence;(b) the time limit within which the licensee must begin to exploit the
patented invention; and
(c) the amount of the adequate remunera tion to be paid to the owner of the
patent and the conditions of payment.
(4) The holder of the non-voluntary licence shall -
(a) have the right to exploit the patented invention in Mauritius according
to the terms set out in the decision issuing the licence;
(b) commence the exploitation of the patented invention within the time
limit fixed in the said decision; and
(c) thereafter, exploit the pa tented invention sufficiently.
(5) Where -IP/N/1/MUS/I/3
Page 20
(a) the invention claimed in a patent (l ater patent) cannot be exploited in
the country without infringing a patent granted on the basis of anapplication benefiting from an earlier filing or, where appropriate,priority date (earlier patent); and
(b) the invention claimed in the la ter patent involves an important
technical advance of considerable economic importance in relation tothe invention claimed in the earlier patent;
the Controller, upon the request of the owner of the later patent, may issue a non-voluntary
licence to the extent necessary to avoi d infringement of the earlier patent.
(6) Where a non-voluntary licence is issu ed under subsection (5), the Controller,
upon the request of the owner of the earlier patent, shall issue a non-voluntary licence in
respect of the later patent.
(7) In the case of a request for the i ssuance of a non-voluntary licence under
subsections (5) and (6), subsection (3) shall apply mutatis mutandis  with the proviso that no
time limit needs to be fixed.
(8) In the case of a non-voluntary licence i ssued under subsection (5), the transfer
may be made only with the later patent, or , in the case of a non-voluntary licence issued
under subsection (6), only with the earlier patent.
(9) The request for the issuance of a non-voluntary licence shall be subject to
payment of a prescribed fee.
(10) Sections 23(2) to 23(12) shall apply mutatis mutandis  to a non-voluntary
licence issued under this section.
25. Invalidation
(1) Any interested person may request th e Tribunal to invalidate a patent.
(2) The Tribunal may invalidate the pate nt where the person requesting the
invalidation proves that any of the require ments of sections 11,12 and 14 have not been
fulfilled or where the owner of the patent is not the inventor nor his successor in title.
(3) Any invalidated patent or claim or part  of a claim shall be regarded as null and
void from the date of the grant of the patent.
(4) The final decision of the Tribunal sha ll be notified to the Controller who shall
record it and publish a reference thereto as soon as possible.
26. Patent Cooperation Treaty
(1) For the purposes of this  section  “designate,” “designated Office,” “elect,”
“elected Office,” “international application,” “international filing date,” “internationalIP/N/1/MUS/I/3
Page 21
preliminary examination” and “receiving Office” have the same meanings as in the Patent
Cooperation Treaty.
(2) An international application designating Mauritius shall, subject to this
section, be treated as an appli cation for a patent filed under th is Act having as its filing date
the international filing date accord ed under the Patent Cooperation Treaty.
(3) The Controller shall, unless any agreem ent is in force under subsection(4), act
as a receiving Office in respect of any international application filed with it by a resident ornational of Mauritius.
(4) The Controller may, with the consent of the Minister, make an agreement of the kind
referred to in Rule 19.1(b) of the Regulations made under the Patent Cooperation Treaty whereby an
intergovernmental organization or the national industrial property  office of another Contracting State
of the Patent Cooperation Treaty shall act instead of  the Controller as receiving Office for applicants
who are residents or nationals of Mauritius.
(5) The Controller shall act as a designated Office in respect of an international
application in which Mauritius is designated for the purposes of obtaining a patent under this Act.
(6) The Controller shall act as an elected Office in respect of an international application
in which Mauritius is designated under subsection (5) if the applicant elects Mauritius for the
purposes of international preliminary examination under Chapter II of the Patent Cooperation Treaty.
(7) The Controller as designated Office or elected Office shall not commence processing
of an international application designating Mauritius before the expiration of the time limit referred toin subsection (8) except if the applicant complies with the requirements of that subsection and files
with the Controller an express request for early commencement of such processing.
(8) The applicant shall, in respect of an in ternational application designating Mauritius,
before the expiration of the time limit applicable under Article 22 or 39 of the Patent Cooperation
Treaty or of such later time limit as may be prescribed  -
(a) pay the prescribed fee to the Controller;  and
(b) if the international application was not filed in English, and has not
been published under the Patent C ooperation Treaty in English, file
with the Controller a translation of the international application,containing the prescribed contents, into English.
(9) Where the applicant does not comply with the requirements of subsection (8) within
the time limit referred to in that subsection, th e international application shall be considered
withdrawn.
(10) The Controller shall process international applications in accordance with the
provisions of the Patent Cooperation Treaty, the regulations established thereunder and the
Administrative Instructions under those regulations and with the provisions of this Act and the
regulations made under this Act.IP/N/1/MUS/I/3
Page 22
(11) For the purposes of subsection (10), in the event of conflict, the provisions of the
Patent Cooperation Treaty, any regulation made thereunder and the Administrative Instructions under
those regulations shall prevail.
(12) Any regulations under this Act may provide for the -
(a) processing of international applications;(b) functions of the Controller in connection with the Patent Cooperation Treaty,
including fees payable, time limits, prescribed languages and other
requirements in relation to international applications.
PART  IV - INDUSTRIAL  DESIGNS
27. Definitions
(1) For the purposes of this part, any compos ition of lines or colours or any three-
dimensional form, or any material, whether or not  associated with lines or colours, is deemed
to be an industrial design, provided th at such composition, form or material-
(a) gives a special appearance to a product of industry or handicraft;
(b) can serve as a pattern for a product of industry or handicraft; and(c) appeals to and is judged by the eye.
(2) The protection under this Act does not extend to anything in an industrial
design which serves solely to obtain a technical result and to the extent that it leaves nofreedom as regards arbitrary features of appearance.
28. Registrable industrial design
(1)     An industrial design shall be re gistrable under this Act where it is new.
(2) An industrial design is new where it has not been disclosed to the public,
anywhere in the world, by publication in tangible  form or by use or any other way, prior to
the filing date or, where applicable, the priority date of the application for registration
(3) Section 12(4) shall apply, mutatis mutandis, to applications for the registration
of industrial designs.
(4) Any industrial design that is contrary  to public order or morality shall not be
registrable.
29. Right to industrial design
(1) The right to an industrial design shall belong to the creator.
(2) Where two or more persons have jointl y created an industrial design, the right
to the industrial design sha ll belong to them jointly.IP/N/1/MUS/I/3
Page 23
(3) Where two or more persons have  created the same industrial design
independently of each other, the person whose application has the earliest filing date or,
where priority is claimed, the earliest validly claimed priority date shall have the right to theindustrial design, as long as the said appli cation is not withdrawn, abandoned or rejected.
(4) The right to an industrial design ma y be assigned or may be transferred by
succession.
(5) Where an industrial desi gn is made in execution of an employment contract,
the right to the industrial design shall belong , in the absence of express provisions to the
contrary, to the employer.
(6) The creator shall be named as such in  the industrial design unless, in a written
statement signed by him and addressed to the Cont roller, he indicates that he wishes not to be
named.
(7) Any promise or undertaking by the creator made to any person to the effect
that he will make such a statemen t shall be without legal effect.
30. Application
(1) Any application for the registration of an industrial design shall -
(a) be filed with the Controller;
(b) contain the necessary drawings , photographs or other adequate
graphicrepresentations of  the industrial design;
(c) contain an indication of the article or articles which constitute the
industrial design or in relation to which the industrial design is to be
used;
(d) be accompanied by a specimen of th e article embodying the industrial
design where the industrial de sign is two-dimensional; and
(e) be subject to the payment of an a pplication fee as may be prescribed.
(2) Where the applicant is not the creator, the request shall be accompanied by a
statement justifying the applicant’s righ t to registration of the industrial design.
(3) The application may contain a declaration claiming priority, as provided for in
the Paris Convention, of one or more earlier national or  regional applications  or international
deposits filed by the applicant or his predecessor in title in or for any State party to thatConvention or any member of the World Trade Organisation.
(4) Where the application contains a declar ation referred to in subsection (3), the
Controller may require the applicant to furnish, within the prescribed time limit, a copy of theIP/N/1/MUS/I/3
Page 24
earlier application or international deposit, certified as correct by the office with which it was
filed, and the effect of that declaration sha ll be as provided for in the Paris Convention.
(5) Where the Controller finds that the requirements under this section and any
regulations made under this Act pertaining to a declaration, are not fulfilled, the declaration
shall be considered not  to have been made.
(6) Two or more industrial designs may be  the subject of the same application
where they relate to the same class of the International Classification or to the same set orcomposition of articles.
(7) Any application may, at the time of filing, contain a request that the
publication of the industrial design, upon regist ration, be deferred for a period not exceeding
12 months from the date of filing, or where priority is claimed, from the date of priority, ofthe application.
(8) The applicant may, at any time before an industrial design is registered,
withdraw the application subject to the payment of a prescribed fee.
31. Registration
(1) The Controller shall accord the date of receipt of the application as the filing
date provided that, at the time of receipt, the application contains -
(a) indications allowing the identity of the applicant to be established; and(b) the required graphic representa tions of the industrial design.
(2) Where the Controller finds that the application did not, at the time of receipt,
fulfil the requirements referred to in subsection (1), he shall invite the applicant to file therequired correction and, shall accord the date of receipt of the required correction as the filing
date, and where no correction is ma de, the application shall be d eemed not to have been filed.
(3) The Controller shall, after according a filing date, examine whether-
(a) the application complies with th e requirements of section 30 and any
regulations made under this Act;
(b) the application fee has been paid; and(c) the industrial design complies with the requirements of sections 27 and
28 and the regulations pertaining thereto.
(4)       (a) Where the Controller fi nds that the conditions referred to in
subsection (3) have been fulfilled, he shall register the industrial
design, publish a reference to the registration; and issue to theapplicant a certificate of regist ration of the industrial design upon
payment of a registration fee as may be prescribed.IP/N/1/MUS/I/3
Page 25
(b) Where an application does not satisfy the requirements of   subsection
(3), the Controller shall reject the application.
(5) Notwithstanding subsection (4), where an  application contains a request for
the deferment of publication under section 30(7),  the Controller shall, upon registration of the
industrial design -
(a) ensure that neither the representation of the design nor any file relating
to the application shall be open to public inspection; and
(b) publish a mention of the deferment of the publication of the industrial
design and information identifying the registered owner, and indicatingthe filing date of the application, the length of the period for which
deferment has been requested and any other prescribed particulars.
(6) At the expiry of the period of deferment, the Controller shall publish the
registered industrial design.
(7) Any legal proceedings commenced during the period of deferment of
publication on the basis of a registered industria l design shall give rise to the presumption
that the information contained in the Register and in the file relating to the application hasbeen communicated to the person ag ainst whom the action is brought.
32. Rights conferred by registration
(1) The exploitation of a registered indus trial design in Mauritius by any person,
other than the registered owner, shall require the agreement of the latter.
(2) For the purposes of this Act, "explo itation" of a registered industrial design
means the making, selling or importation of articles bearing or embodying a design which is acopy, or substantially a copy, of the registered industrial design.
(3) Any right under a registered industrial design shall not extend to act in respect
of articles, which have been put on the market in Mauritius by the registered owner or withhis consent.
(4) Any registered owner of an industrial design shall, in addition to any other
rights, remedies or actions available to him, have the right to institute court proceedingsagainst any person who infringes the industrial design by performing, without his agreement,
any act referred to in subsection (2) or who performs any act which is likely to amount to
infringement.
33. Duration and renewal
(1) The registration of any industrial desi gn shall be for a period of 5 years from
the filing date of the application for registra tion and renewable for another period of 5 years.
The registration of any industrial design may be renewed for 2 further consecutive
periods of 5 years upon –IP/N/1/MUS/I/3
Page 26
(a) payment of a renewable fee; and
(b) compliance with any condition as may be prescribed.
34. Invalidation
(1) Any person may apply to the Tribunal for an order invalidating  the
registration of an industrial design.
(2) The Tribunal may invalidate the regi stration where the person requesting the
invalidation proves that any of the requirements of sections 27  and 28 has not been fulfilled
or where the registered owner of the industrial design is not the creator or his successor in
title.
(3) Any invalidated registration of an indus trial design shall be regarded as null
and void from the date of the registration.
(4) The final decision of the Tribunal sha ll be notified to the Controller who shall
record it and publish a reference thereto as soon as possible.
PART V - MARKS, COLLECTIVE MARKS, TRADE NAMES
35. Definitions
For the purposes of this part -
(a) "collective mark" means any visible sign designated as such in the
application for registration and capable of distinguishing the origin or any
other common characteristic, including the quality of goods or services, ofdifferent enterprises which use the si gn under the control of the registered
owner of the collective mark;IP/N/1/MUS/I/3
Page 27
(b)           "mark" means any vi sible sign capable of distinguishing the 
goods (trademark) or services (service  mark) of an enterprise from those of
other enterprises; and
(c) "tradename" means the name or designation identifying and distinguishing
an enterprise.
36. Acquisition of the exclusive right to a mark
(1) The exclusive right to any mark, shall be acquired by registration in
accordance with the provisions of this Act.
(2) No mark shall be registered, where it -
(a) is incapable of distinguishing the goods or services of one enterprise
from those of other enterprises;
(b) is contrary to pub lic order or morality;
(c) is likely to mislead any person, in particular as regards the
geographical origin of the goods or services concerned or their nature
or characteristics;
(d) is identical with, or an imitation of, or contains, as an element, an
armorial bearing, flag and other emblem, a name or abbreviation or
initials of the name of, or official  sign or hallmark adopted by, any
State, intergovernmental organisa tion or organisation created by an
international convention, unless authorised by the competent authority
of that State or organisation;
(e) is identical with, or confusingly similar to, or constitutes a translation
of, a mark or trade name whic h is well known in Mauritius for
identical or similar goods or services of another enterprise;
(f) is registered in Mauritius for goods or services which are not identical or
similar to those in respect of which registration is applied for,provided, in the latter case, that use of the mark in relation to thosegoods or services would indicate a connection between those goods or
services and the owner of the well- known mark and that the interests of
the owner of the well-known mark are likely to be damaged by such
use; and
(g) is identical with a mark belonging to a different proprietor and already
on the Register, or with an earlier filing or priority date, in respect ofthe same goods or services or cl osely related goods or services, or
where it so nearly resembles such a mark as to be likely to deceive orcause confusion.IP/N/1/MUS/I/3
Page 28
(3) The Controller may refuse to accept an application for the registration of a mark on
which appears -
(a) either the following word "patent", "patented", "registered", "registered
design", "copyright", or an abbreviation of any these words; or
(b) any representation of the State, or any colourable imitation of these
representations.
(4) No mark which contains either-
(a) a representation of the flag of Mauritius;
(b) a representation of the Arms or Seal of Mauritius;
(c) anything resembling any of the representations specified in paragraph (a) or
(b);
(d) the word "Mauritius";
(e) the word "standard"; or
(f) any word or representation, not specified in paragraphs (a) to (e), likely to
lead people to believe that the person claiming to be the proprietor of the
mark has or recently had authorisation of the Government,
shall be registered except with the authority of the Minister.
37. Application for registration
(1) Any application for the registration of a mark shall be filed with the Controller
and shall contain a request, a re production of the mark and a list of the goods or services,
listed under the applicable cla ss or classes of the Interna tional Classification for which
registration of the mark is requested.
(2)An application under subsection (1) shall be  subject to the payment of the prescribed
application fee.
The application may contain a declaration claiming the priority, as provided for in the
Paris Convention, of an earlier na tional or regional application f iled by the applicant or his
predecessor in title in, or for any state party, to that convention or any member of the WorldTrade Organization.
Where an application contains a declaration in accordance with subsection (3), the
Controller may require the applicant to furnish, within the prescribed time limit, a copy of theearlier application, certified as correct by the office with which it was filed.
(5) The effect of a declaration under subs ection (3) shall be as provided in the
Paris Convention.IP/N/1/MUS/I/3
Page 29
(6) Where the Controller finds that the requirements under subsection (3) and the
regulations pertaining thereto have not been fulfilled, the declaration shall be considered notto have been made.
(7) The applicant may withdraw the application at any time before registration.(8) The applicant may, at any time before the mark is registered, withdraw the
application, subject to the payment of a prescribed fee.
38. Examination and opposition
(1) The Controller shall examine-
(a) whether the application complies with  the requirements of section 37 and
any regulations made under this Act; and
(b) whether the mark is a mark as defined in section 35(b) and is
registrable under section 36(2).
(2) Where the Controller is satisfied that the conditions referred to in
subsection (1) have been fulfilled, he shall forthwith accept the application and cause it to bepublished in the prescribed manner.
(3) Any person may, within the prescribed period and in the prescribed manner,
lodge with the Controller an opposition to the registration of the mark.
(4) Any opposition lodged under subsection (3) shall be by way of notice and
shall state the grounds of opposition.
(5) The applicant may, within the prescribed period and in the prescribed manner,
send a copy  of any counter-statement to the oppositi on together with the grounds on which he
relies for his application to the Controller and the opponent.
(6) Where the applicant does not send a counter-statement under subsection (5),
he shall be deemed to ha ve abandoned the application.
(7) Where the applicant sends a counte r-statement under subsection (5), the
Controller  shall, after hearing the parties if so required, decide whether the mark should be
registered.
(8)  After an application is published and until the registration of the mark, the
applicant has the same privileges and rights as he would have where the mark had been
registered.
(9) Notwithstanding subsection (8), it sha ll be a valid defence to an action brought
under the subsection in respect of an act done after the application was published, where the
defendant establishes that the mark could not validly have been registered at the time the actwas done.IP/N/1/MUS/I/3
Page 30
39.    Registration of a mark
Where the Controller finds that the conditions referred to in section 38(1) are fulfilled,
and either -
(a) the registration of the mark has not been opposed within the prescribed
time limit;  or
(b) the registration of the mark has been opposed and the opposition has
been decided in the applicant's favour,
he shall register the mark, publish a reference to the registration and issue to the applicant a
certificate of registration.
40. Rights conferred by registration
(1) Any interested person, other than the registered owner, who intends to use a
registered mark, in relation to any goods or se rvices for which it has been registered, shall
require the agreement of the owner.
(2) Any registered owner of a mark shall, in addition to any other rights, remedies
or actions available to him, have the right to institute court proceedings against any personwho infringes the mark by using, without his agreement, the mark as aforesaid or who
performs any act likely to cause an infringement.
(3)    Any registered owner may, where the use of any sign similar to the registered
mark or in relation to goods and services similar to those for which the mark has been
registered, is likely to cause confusion in the public, institute court proceedings in accordancewith subsection (2).
(4)   The provision of section 36(2) shall apply, mutatis mutandis , in any action
instituted by the owner of a well-known mark ag ainst any person in respect of the unlawful
use of the well-known mark.
(5) The rights conferred by registrati on of a mark shall not extend to acts in
respect of articles which have been put on the market in Mauritius by the registered owner orwith his consent.
41. Duration
(1) The registration of a mark shall be for a period of 10 years from the filing date
of the application for registration.
(2) The registration of any mark may be renewed for consecutive periods of 10
years upon payment of-
(a) a renewal fee; and
(b) any condition as may be prescribed.IP/N/1/MUS/I/3
Page 31
42. Invalidation
(1) Any interested person may apply to the Tribunal for an order invalidating  the
registration of a mark.
(2) The Tribunal may invalidate the regi stration where the person requesting the
invalidation proves that any of the requirements of sections 35 and 36 has not been fulfilled.
(3) Any invalidation of a registration of a mark shall be deemed to have been
effective as of the date of registration, and it shall be recorded and a reference thereto
published as soon as possible.
43.    Removal on grounds of non-use
(1) Any interested person may request the Controller to remove from the Register,
a mark, in respect of any goods or services in  respect of which it is registered, on the ground
that up to one month prior to filing the request,  the mark had, after its registration, not been in
use by the registered owner or a licensee, du ring a continuous period of not less than three
years.
(2) Notwithstanding subsection (1), no mark shall be removed from the Register, unless
the Controller is satisfied that there were reasonable circumstances that prevented the use of the mark
and that there was no intention not to use or to abandon the same in respect of those goods or services.
44. Collective marks
(1)  Subject to subsections (2) to (4), sections 36 to 42 shall apply to collective
marks, except that references to section 35 (b) shall be read as 35(a).
(2) Any application for registration of a collective mark shall designate the mark
as a collective mark and be accompanied by a copy of the terms of the agreement governingthe use of the collective mark.
(3) Any registered owner of a collective mark shall notify the Controller of any
changes made in respect of the terms of the agreement referred to in subsection (2).
(4) The Tribunal shall invalidate the regi stration of a collective mark where any
interested person requesting the invalidation proves that the -
(a) mark is being used exclusively by the registered owner;
(b) registered owner is using or permitting its use in contravention of the
terms of the agreement referred to in subsection (2);
(c) registered owner is using or is permitting its use in a manner liable to
deceive any person as to the origin or any other commoncharacteristics of the goods or services concerned.IP/N/1/MUS/I/3
Page 32
45. Licensing of marks
(1) Any licence in relation to a registered mark, shall provide for effective control
by the licensor of the quality of the goods or  services of the licensee in connection with
which the mark is used.
(2)  Where the licence does not provide for such quality control or where such
quality control is not effectively carried  out, the licence shall not be valid.
(3) The registration of a collective mark, or an  application thereof, shall not be the
subject matter of a licence.
46. Trade names
(1) No name or designation shall be  used as a trade name where -
(a) by its nature or the use to which it may be put, it is contrary to public order
or morality; or
(b) it is liable to deceive any person as to the nature of the enterprise
identified by that name.
(2) Notwithstanding any enactment providing  for an obligation to register trade
names, such names sha ll be protected, even prior to or  without registration, against any
unlawful act committed by third parties.
(3) For the purposes of subsection (2), any subsequent use of the trade name by a
third party, whether as a trade name or a mark or collective mark, or any such use of a similartrade name or mark, likely to mislead the public, shall be unlawful.
PART VI -  GENERAL PROVISIONS
47. Changes in ownership
(1) Any application by an interested party for a change in the-
a) ownership of a patent;
 
 b) registration of an industrial design;
  c) registration of a mark or collective mark;
 d) ownership of an application thereof; or
 e) ownership of a trade name,
shall be made in writing to the Controller and shall be entered in the appropriate Register.IP/N/1/MUS/I/3
Page 33
(2) Subject to subsection (4), where the Controller accepts a change referred to in
subsection (1), he shall enter the change in  the appropriate register and cause it to be
published.
(3) Any change effected under subsection (1) shall have no effect against third
parties until an entry has been made under subsection (2).
(4)  Any change in the ownership of a trade name shall be made at the time the
transfer of the enterprise or part thereof iden tified by that name take s place and be in writing.
(5)  Where any change in the ownership of the registration of a mark or a
collective mark is likely to deceive or cause c onfusion, particularly in regard to the nature,
origin, manufacturing process, ch aracteristics, or suitability for their purpose, of the goods or
services in relation to which the mark or collective mark is intended to be used or is beingused, it shall be invalid.
48. Licence
(1)  Any licence concerning a patent, a regi stered industrial design or a registered
mark, or an application thereof, shall be submitted to the Controller, who shall record it andpublish a reference thereto, while keeping its contents confidential.
(2) The licence shall have no effect against third parties until such recording is
effected.
49. Agents
Where an applicant's ordinary residence or principal place of business is outside
Mauritius, he shall be represented by a legal practitioner resident and practising in Mauritius.
50. Appeal to Supreme Court
(1) Any person who is dissatisfied with the determination of the Tribunal as being
erroneous in law may appeal to the S upreme Court by way of case stated.
(2) An appeal under this section shall be prosecuted in the manner provided by the
rules made by the Supreme Court.
(3) No person shall appeal to the Suprem e Court under this s ection unless he has
exhausted the remedy available under section 10.
(4) Any appeal to the Supreme Court shall be made within 28 days  of the
determination of  the Tribunal.
(5) The Supreme Court may make rules fo r ensuring the prosecution of appeals
under the Act.
(6) On the hearing of an appeal under this section, any person may, by special
leave of the Supreme Court, brin g forward further material for the consideration of the appeal
by the Supreme Court.IP/N/1/MUS/I/3
Page 34
51. Offences
(1) The performance of any act referred to in sections 21, 32 and 40 in Mauritius
by any person other than the owner of the title of protection or the licensee and without the
agreement of the owner, shall be unlawful.
(2) Any person who knowingly performs any act  in breach of subsection (1), shall
commit an offence and shall, on conviction, be  liable to a fine not exceeding 250,000 rupees
and imprisonment for a term not exceeding 5 years.
52. Unfair practice
(1) Any act in breach of sections 21, 32 and 40, shall amount to an act of unfair
practice and may give rise  to a claim in damages.
(2) Any claim arising out of an unfair practice shall be prosecuted in accordance
with the Protection Against Unfair Pr actices (Industrial Property Rights) Act.
(3) In any action under subsection (1), the court may, notwithstanding any other
enactment, order the forfeiture of any article or thing that were used in or gave rise to an actof unfair practice, as the court thinks fit.
53. Regulations
(1) The Minister may make regulations ge nerally for the purpose of this Act.
(2) The regulations may, in particular, but without prejudice to subsection (1),
provide -
(a) for the payment of fees; and
(b) for the procedure for the registrati on of industrial designs, marks and
collective marks and matters related thereto.
54. Repeal
The following are hereby repealed -
(a) The Patents Act; and
(b) The Trademarks Act.IP/N/1/MUS/I/3
Page 35
55. Transitional provisions
(1) Where, upon the coming into force of this  Act, in relation to an application
made under the Patents Act-
(a) no certificate of interim prot ection has been issued; or
(b) a certificate of interim protection has been issued;
the application shall be proc essed in accordance with the provisions of this Act.
(2)     The Controller shall -
(a) perform all the functions of and ex ercise all the powers conferred  in
relation to patents unde r the Patents Act; and
(b) be the custodian of the Register of  patents kept under the Patents Act
and of the patents granted under that Act together with the certificates
of interim protection and other relevant records.
(3) Subject to subsection (4), the term of  every patent or trademark that has not
expired at the time of coming into force of the Patents Act and the Trademarks Act shall,notwithstanding the repeal of the Patents Act and the Trademarks Act, be deemed to be theunexpired period from the date of the patent or registration of trademark.
(4) Any patent or trademark, before the coming into operation of this Act which
has been extended or renewed under the repeal ed Patents Act and Tr ademarks Act shall on
the coming into force of this Act, remain in force for the unexpired portion of the period forwhich it was extended.
(5) Nothing in this Act shall apply to or affect  -
(a) any proceedings for the invalidation or infringement of a patent
commenced  before the coming into operation of this Act; and
(b) any application for the extension of the term of a patent made before
the commencement of this Act.
(6) Notwithstanding subsection (3) and (4),  a patent referred to therein shall be
subject to the payment of the prescribed annual maintenance fee.
(7) Where, into coming into force of th is Act, an application made under the
Trademarks Act is pending, such application shall, notwithstanding the repeal of the
Trademarks Act, be dealt in accord ance with the provision of this Act.IP/N/1/MUS/I/3
Page 36
(8) The Controller shall -
(a) perform all the functions of and ex ercise all the powers conferred on
the Authority, in relation to trade marks under the Trademarks Act;
(b) be the custodian of the Register of Trademarks kept under the
Trademarks Act and of any relevant records.
(9) Notwithstanding the repeal of the Trademarks Act, a trademark registered
thereunder shall remain in force but shall into coming into force of this Act, be deemed to
have been registered under this Act.
56. Commencement
(1) This Act shall come into force on a date to be fixed by Proclamation.
(2) Different sections may come  into force on different dates.
Passed by the National asse mbly on the second day of July two thousand and two.
      Andre Pompon
                Clerk of the National assemblyIP/N/1/MUS/I/3
Page 37
LEGAL SUPPLEMENT
to the Government Gazette of Mauritius No. 110 of 19 October 2002
Reprint No. 1 of 2002
THE REPRINT OF LAWS ACT
Reprint of sections 2 and 49 of the Patents,
Industrial Designs and Trademarks Act 2002, by direction
of the Right Honourable Prime Minister for the purpose
specified in section 3(a) of the  Reprint of Laws Act.
---------------
THE PATENTS, INDUSTRIAL DESIGNS AND
TRADEMARKS ACT
(Act No. 25 of 2002)
1. Shortitle
This Act may be cited at the Patents, Industrial Designs and Trademarks Act 2002:-
2. Interpretation
In this Act -
“approved agent” means an agent approved by the Minister;…………………………………………………………………………………………………………………………………………………………………….
49. Agents
Where an applicant’s residence or principal place of business is outside Mauritius, he
shall be represented by a legal practitioner resident and practising in Mauritius or an
approved agent.
A. Jugnauth
          Prime Minister
9th October 2002
__________