WORLD TRADE  
ORGANIZATION  IP/Q/MUS/1 
IP/Q2/MUS/1 
IP/Q3/MUS/1 IP/Q4/MUS/1 
3 October 2007 
 
(07-4212) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English 
 
   
REVIEW OF LEGISLATION 
 
MAURITIUS
1 
  
 The present document reproduces the introductory statement made by the delegation of Mauritius, the questions put to it and the responses gi ven in connection with the review of legislation 
undertaken at the Council's meeting of 18 to 22 June 2001.
2 
 
_______________ 
 
 
I. INTRODUCTORY STATEMENT 
Our delegation welcomes the opportunity that has been provided to us to be present at this 
meeting for the review of our TRIPS legislation.  Mauritius attaches great importance to this exercise. 
The presence of one of our senior officers from capital at this review meeting bears testimony to this 
and shows our continuing commitment to the multilateral trading system.  
Mauritius has been engaged on its own in a pr ocess of attaining higher development in 
various economic sectors including industry, services and agriculture.  As a small island, we have an 
extremely open economy which has been marked by a long tradition of open trade.  Our continuing 
efforts to lend greater momentum to such a grow th and development regime in which trade will 
flourish and induce other multiplier effects make us realize very well that we have to enhance our 
technologies and the retooling of our economy and upgrade our technical and managerial know-how. 
We are very conscious that these will be sine qua non conditions for sustaining the kind of progress 
that Mauritius is working upon for attaining the devel opmental goals which have been set in line with 
Government philosophy and policy formulation.    It is, however, equally appropriate that mention be made that Mauritius was providing 
protection to intellectual property even before it became a signatory to the WTO, through certain 
legislative instruments.  Thus, Mauritius had intr oduced its Trade Mark Act as far back as 1868 and 
the Patent Act in 1875.  In 1986 Mauritius introduced its Copyright Act.  These were indeed visionary 
efforts on the part of our Government.  However, I am sure that we will all agree that the important 
changes that have taken place over time in the economic, technological, industrial and manufacturing 
landscape have no doubt had their own impacts on these legislations.  Our own assessment, in light of 
technological and other world developments, of th e Agreements in the WTO, has been that the 
                                                     
 
1 As regards laws and regulations notified by Mauritiu s under Article 63.2 of the Agreement, reference 
is made to documents IP/N/1/MUS/1-2, IP/N/1/M US/C/1, IP/N/1/MUS/G/1-2, IP/N/1/MUS/I/1-4, and 
IP/N/1/MUS/L/1-2. 
2 The minutes of this meeting have been circulated as document IP/C/M/32. IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 2 
 
 
  existing set of our legislation c ould be improved to achieve the le vel of protection required in the 
interests of the various economic sectors particularly in industry, manufacturing, services for artistic and literary development, innovation and research and trade broadly and also we have found that there 
is a need to provide protection to service marks,  industrial designs, geographical indications, layout- 
designs of integrated circuits and undisclosed info rmation including trade secrets which are all going 
to be of the utmost significance in the context of our new development paradigm.  
Our Government, therefore, has undertaken ser ious efforts at working on new legislation 
which could enable us to implement our obligatio ns under the TRIPS Agreement and also meet the 
exigencies of our economic development and growth and our need for upgrading technology.  Thus, a 
new Copyright Act was proclaimed in 1997 to make  provision for the better protection of copyright 
and related rights.  
 However, while working on our draft intellectua l property legislation, we have found that it 
has inevitably taken us more time to prepare it as  several new areas had to be covered and the scope 
of the exercise became more staggering than one coul d have imagined.  We wanted to adopt a holistic 
and realistic approach.  This was already a task of  a tall order but I need not emphasise that we were 
already beset by severe capacity constraints.  As a small island economy, we inevitably were affected 
very heavily by the lack of expertise and human res ources especially in such a complex area.  This has 
obviously prompted us to seek assistance from the World Intellectual Property Organization for the 
preparation of our set of legislation which includes the following: 
 
(i) the Patent, Industrial Designs and Trade Marks Bill. (ii) the Layout Designs (Topographies) of Integrated Circuits Bill. (iii) the Geographical Indications Bill. 
(iv) the Protection against Unfair Competition Practices Bill. 
  These draft bills were subsequently worked upon by our State Law Office, WIPO and the Ministry responsible for International Trade.  We also  wanted to engage our other stakeholders in this 
process.  In this context, among the measures take n, a seminar was organized in the year 2000 to 
apprise all stakeholders of the provisions of the proposed legislations and to have their views and 
opinions thereon. 
  In view of the wide ranging impact that the provisions, contained in these Bills, will have on 
the industrial, economic and commercial sectors, it was felt that it was desirable to allow sufficient 
time to Members of the public and professional associ ations to go through the draft bills.  Hence, we 
gave wide publicity in Mauritius to these bills whic h were also published in the Government Gazette 
in January 2001, thereby inviting interested pa rties to submit any representations and comments. 
 
In parallel with this exercise, we pursued c onsultations with a number of WTO Members and 
the Secretariat to whom we are very thankful for th e suggestions and advice tendered to us as well as 
the interest expressed by many of our partners.  In particular, we received questions from the 
delegations of the United States, the European Co mmunities and their member States, Japan, Canada 
and Switzerland.  Our capital has found these questions very useful as they provided us with yet more 
insights as to how we can complete the work which has already moved to quite an advanced stage in 
the legislative process.  
Having taken cognizance of these questions and ha ving considered them in the process of our 
legislation, we have gone a step further.  We  have indeed tried to optimise on the supportive 
comments of our partners.  We took the initiative of sharing with them our draft legislation together 
with a comprehensive explanatory memorandum whic h is, as mentioned earlier, already at Bill stage 
before Parliament.  We are pleased to note that our partners have welcomed this gesture on our part.  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 3 
 
 
  Already, we have started receiving useful feedback and suggestions.  We are now looking forward to 
receiving additional comments and views, if any, of  our partners which would be consolidated for 
consideration in our capital.  Our capital has found value in the kind of collaboration and support we have been receiving.  We want to adopt an approa ch which can help us to take the process further. 
Our capital feels certain that this exercise will help us  in closing our legislation in a manner that will 
allow us to effectively meet our oblig ations and our developmental needs. 
 
We are grateful for the indulgence of the C ouncil for allowing us to share these important 
details at this review mee ting.  Before we conclude,  we would like to reassure you of our 
Government's commitment to the multilateral trading sy stem and to the work of the WTO.  In fact, we 
are ourselves as much keen to see that this process is  completed successfully as we believe that this 
will support our Government's efforts in bringing  further economic devel opment through technology 
transfer and innovation.  This current exercise is  an important premise in this overall context. 
 
Finally, our Government would like to place on record our warm appreciation and thanks to 
Members for supporting us in this important task.  We  are particularly thankful to you, Mr Chairman, 
and to all Members who have taken special interest in our Legislati on.  But above all, we would like 
to express our gratitude to the WTO Secretariat, the International Bureau of WIPO  and donors who 
have supported us and continue to  support us in our huge task of institutional, human resource and 
supply-side capacity building.  For small economies like ours, the importance of technical assistance 
and technological transfer need not be overemphasi sed.  Engagement in such an important area of 
work needs the support of Members and the international community. 
 
II. RESPONSES TO QUESTIONS POSED BY CANADA 
1.  Please describe how the enforcement obligations (Articles 41-61 of the TRIPS 
Agreement and throughout) have been implemented. 
 The enforcement obligations of the TRIPS Agreement have been implemented under the 
Industrial Property Legislations of 2 002 and the Copyrights Act of 1997.   
  The Patents, Industrial Designs & Trad emarks Act 2002 has made provision for: 
 
(i) the Controller of the Industrial Property O ffice to investigate any allegation of an 
offence under any of the Industrial Property enactments, upon complaint or on his own initiative; 
 (ii) civil proceedings and claim in damages arising out of an unfair practice; 
 
(iii) criminal provisions in the case of breach of the right of a registered owner. 
 
Under the Protection Against Unfair Practices (I ndustrial Property Rights) Act, the court may: 
  - grant remedies by way of damages; 
- injunction; 
- forfeit any article or thing that was used or  gave rise to an act of unfair practice. 
 
Any person who knowingly performs any act in breach of the right of a registered owner, 
shall on conviction, be liable to a fine not ex ceeding MUR 250,000 and imprisonment for a term not 
exceeding five years. 
 
 IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 4 
 
 
  2. What protection does your copyright legislation afford to "foreign works"? 
 Section 31 of the Copyright Act details the scope of protection as follows: 
 
 Scope of protection 
 
(1) The protection referred to in Section 3 shall apply to 
 (a) a work whose author is a citizen of, or  as his habitual residence in, Mauritius or 
another country party to the Berne Convention; 
 
(b) a work which was first published: 
 
(i) in Mauritius;  or  
(ii) in another country and published in Mauritius not later that 30 days 
thereafter; 
 
(c) an audiovisual work whose producer has his headquarters or habitual residence in 
Mauritius; 
 (d) a work of architecture erected in Mauritius  and any other artistic work incorporated in 
such a work of architecture. 
  (2) The protection referred to in Secti on 26 shall apply to a performer who - 
 
(a) is a citizen of Mauritius; 
 
(b) is not a citizen of Mauritius but whose performance: 
 
(i) takes place in Mauritius; 
 (ii) is incorporated in a sound recording that is protected under this Act;  or  
 
(iii) has not been fixed in a sound recording but is carried by a broadcast 
qualifying for protection under this Act. 
 
(3) The protection referred to in Section 29 shall apply to a sound recording 
 
(a) the producer of which is a citizen of Mauritius; 
 (b) in the case of which the first fixation of the sound was made in Mauritius; or  
 
(c) which was first published in Mauritius.  
 
(4) The protection referred to in Sec tion 23 shall apply to a broadcast 
 
(a) of a broadcasting organization the headquarte rs of which are situated in Mauritius; or  
 
 (b) transmitted from transmitters situated in Mauritius. 
   IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 5 
 
 
  (5) The protection referred to in the sections specified in subsecti ons (1) to (3) shall 
apply to performers and to producers of sound recordings who, and to works and 
broadcasting organizations, which are to be protected by virtue of, and in accordance 
with, any international convention or ot her international agreement to which 
Mauritius is party. 
 
3.  We understand that the Government of Maurit ius is in the process of developing a series 
of draft bills on intellectual property.  When is such legislation likely to be effectively implemented? 
 The following Acts came into operation on 6 January 2003: 
  - The Patents, Industrial Designs & Trademarks Act 2002; 
- The Protection Against Unfair Practices (Industrial Property Rights) Act 2002 
 
 The regulations were published in April 2004. 
  The Copyright Act has been in force since 1997.   The following Acts have been enact ed and will be proclaimed shortly 
 
- The Geographical Indications Act 2002;  and 
- The Layout-Designs (Topographies) of Integrated Circuits Act 2002 
 
III. RESPONSES TO QUESTIONS POSED BY  THE EUROPEAN COMMUNITIES AND 
THEIR MEMBER STATES 
A. G
ENERAL PROVISIONS  
1. Please describe if your legislation includes me asures necessary to protect public health 
and nutrition, and to promote the public interes t in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS Agreement.  If yes, please explain how such me asures are consistent with the provisions of the 
TRIPS Agreement. 
Our legislation makes provision for the protecti on of public health and nutrition and also to 
promote public interest in sectors of vital importance to socio-economic and technological development, as stipulated in Article 8 of the TRIPS Agreement. 
 
 The following examples illustrate the different areas of our legislation, which are consistent 
with the above provisions: 
 
(i) criteria of, and exclusions from patentability (Section 11 of the Act); 
(ii) disclosure of the invention (Section 12 of the Act); 
(iii) definition of the term "industry" (Section 12 of the Act); 
(iv) permissible exceptions to the right holders' right (Sections 21.32 of the Act); 
(v) exploitation by government/non-voluntar y licensing of patented inventions 
 Section 17 of the Layout Designs (Topogr aphies) of Integrated Circuits Act 2002 
 Sections 23, 24 of the Act 
(vi) criteria for the protection of an industrial design (Section 23 of the Act) 
 
 'Act' refers to the Patents, I ndustrial Designs & Trademarks Act 2002 IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 6 
 
 
  B. C
OPYRIGHT AND RELATED RIGHTS  
2.  Please state how your legislation provides for the protection of the exclusive rights of 
authors in relation to their literary and artistic works, as specified in Article 9 of the TRIPS 
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and 
the Appendix to the Berne Convention (1971)). 
Economic Rights (Section 4)  
(1) Subject to Part IV (which provides for limitations for Economic Rights such as private 
reproduction for personal purposes, quotations, reproductions, reprogr aphic reproduction by libraries 
and archives etc), the copyright owner of a work shall,  in relation to the whole or a substantial part of 
the work, have the exclusive right to carry out or  authorize any of the following:  for teaching 
normally the copyright owner of a work has the exclusive right to carry out or authorize any of the following acts: 
(a) reproduction of the work; 
(b) distribution to the public of the original a nd each copy of the work by sale, rental 
or otherwise; 
(c) public performance of the work; 
(d) communication of the work to the public; 
(e) broadcasting the work; 
(f) importation of copies of the work, even wh ere the imported copies were made with 
the authorisation of the author or other owner of the copyright; 
(g) translation of the work; or 
(h) adaptation, arrangement or other transformation of the work; 
 
Moral rights (Section 5)
 
 
(1) An author shall, whether or not he has tr ansferred his economic rights, have the right to 
  (a) claim authorship of his work, except wh ere the work is included, incidentally or 
  accidentally, in reporting currents events by means of broadcasting;   
  (b) remain anonymous or use a pseudonym; 
 
 (c) object to any distortion, mutilation or other alteration of his work, where such an 
  act, is or would be prejudicial to his honour or reputation. 
 
(2) The right referred to in subsection (1) sha ll be protected until the expiry of the period 
specified in Section 16 for the protection of  the economic rights relating to the work. 
(3) A moral right shall be unassignable.     IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 7 
 
 
  3. Please describe the protection accorded to authors of computer programs, databases or 
compilations of data. 
 Computer programs are considered as "works" while databases or compilations of data are 
considered as "derivative works" unde r the Act.  Therefore, they are entitled to the same protection as 
for any other works provided they are original and written down/fixed.  In the case of the derivative 
works, the protection would not affect the protection attaching to a pre-existing work used for making the derivative work.  
4. Please state whether your legislation provides fo r a rental right and, if so, the works to 
which it applies. 
 Section 20(2) of the Copyright Act provides for that the right of the rental shall not apply to 
rentals of computer programs, where the computer program is not the essential object of the rental. Also Section 21 of the Act on Public Lending, "a libra ry or archive whose activities do not, directly or 
indirectly, serve commercial gain may, without the author's authorization but subject to the payment 
of an equitable remuneration to the Society which sh all distribute it to the author entitled thereto, lend 
to a member of the public a copy of a work, othe r than a computer program, which is included in a 
book, periodical or other printed article which is pa rt of the permanent collection of the library or 
archive". 
 Further, Section 26(1) of the Copyright Act sti pulates that subject to Section 30, a producer of 
a sound recording shall have the exclusive right to carry out or to authorize the rental or public 
lending of a copy of the sound recording, irrespective of the ownership of the copy rented or lent. 
5. Please describe the rights granted to p erformers, producers of phonograms (sound 
recordings) and broadcasting organizations under your legislation. 
Rights granted to performers (Section 24)
 
(1) No person shall, without the authorization of the performer: 
(a) broadcast a performance or distribute it by cable, except where the broadcast or 
distribution: 
(i) is made from a fixation of the performance;  or 
(ii) is a broadcast or distribution of a pe rformance made or authorized by the 
 person who initially broadcast the performance; 
(b) communicate a performance to the public, except where the communication is made 
from: 
(i) a fixation of the performance;  or 
(ii) a broadcast or distribution by cable of the performance; 
(c) fix an unfixed programme; (d) reproduce a fixation of a performance where: 
(i) the performance was initially fixed with out the performer's authorization; IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 8 
 
 
  (ii) the reproduction is made for a purpose wh ich is different from that for which 
 the performer gave his authorization; or 
(iii) the reproduction is made for a purpose whic h is different from that for which it 
 was originally fixed. 
 
(2) In the absence of any agreem ent to the contrary, or of circumstances of employment from 
which the contrary would ordinarily be inferred: 
 
(a) an authorisation to broadcast or distribu te a performance by cable shall not imply an 
authorisation to: 
 
(i) license another person to broadcast or distribute the performance by cable; 
(ii) fix the performance; 
(iii) reproduce a fixation;  and 
 
(b) an authorization to fix a performance or to reproduce a fixation shall not imply an 
authorization to broadcast or distribute the performance by cable from the fixation or 
any reproduction of that fixation. 
(3) Where a performer has authorized the incor poration of his performance in an audiovisual 
fixation, subsection (1) shall have no further application. 
(4) The protection referred to in subsection (1) sh all subsist until the expiry of 50 years from the 
end of the year in which the performance took place. 
(5) Nothing in this section shall prevent a performer from agreeing in writing terms and 
conditions that are more favourable in respect of any use of his performance. 
Rights of producers of sound recordings (Section 26)
 
 
(1) A producer of a sound recording shall have the exclusive right to carry out or to authorize the following acts: 
(a) direct or indirect reproduction of the sound recording; 
(b) importation of copies of the sound recordin g, even where the imported copies were 
made with the authorization of the producer; 
(c) adaptation or other transformation of the sound recording;  and 
(d) rental or public lending of a copy of the s ound recording, irrespective of the ownership 
of the copy rented or lent. 
(2) The rights under subsection (1) shall be prot ected from the publication of the sound recording 
until the expiry of 50 years from the end of the year of publication or, if the sound recording has not 
been published, until the expiry of 50 years from the end of the year of fixation.  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 9 
 
 
  Rights of broadcasting organizations (Section 23)
 
 A broadcasting organization shall have the exclusive right to authorize to prohibit: 
 
(a) the rebroadcasting of its broadcasts; 
(b) the fixation of its broadcasts;  or 
(c) the reproduction of the fixation of its broadcasts where: 
(i) the fixation used to make the reproduction was made without its authorization;  
or 
(ii) the broadcast, which was fixed in acco rdance with its authorization, is 
reproduced for a purpose other than that for which the authorization was granted. 
(2) The protection referred to in subsection (1) sh all subsist until the expiry of 20 years from the 
end of the year in which the broadcast took place. 
 
6. Please state whether your legislation provides for any limitation or exception in relation 
to each of the rights described above in acco rdance with the relevant provisions of the Berne 
and Rome Conventions and in light of Arti cles 13 and 14.6 of the TRIPS Agreement. 
Limitations on economic rights (PART IV of the Act)  
 Private reproduction for personal purposes (Section 13)
 
 
(1) Subject to this section, the private reproduction of a published work in single copy, where the 
reproduction is made by a physical person exclus ively for his own personal purposes, shall be 
permitted, without the authorization of the author of, or other owner of the copyright in, the work. 
 (2) The permission referred to in subsectio n (1) shall not extend to the reproduction: 
 
(i) of a work of architecture in the form of a building or other construction; 
(ii) where the reproduction is a reprographic repr oduction, of an entire book, of a musical 
work in graphic form, or of the original, or a copy made and signed by the author, of a work of fine are; 
(iii) of a data base;  or 
(iv) of a computer program, except as provided in Section 18 
 (3) (a) Where a reproduction made under subsection (1) concerns an audiovisual work or a work embodied in a sound recording, the author or other owner of copyright shall be entitled to 
equitable remuneration to be paid to, and distributed by, the Society. 
 
 (b) The equitable remuneration shall be paid:  
(i) by the manufacturer of the equipment or material supports normally used for 
private reproduction for personal purpo ses of the work, except where such 
equipment is, or such material  supports are, exported;  or 
(ii) by those who import such equipment or material supports, except where the 
importation is by a private pers on for his personal purposes. IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 10 
 
 
   
Quotation (Section 14)
 
 (1) The reproduction of a short part of a published work, in the form of a quotation, in another 
work, shall be permitted without the authorization of the author of, or other owner of the copyright in, 
the work form which the quotation is taken, where the reproduction is compatible with fair practice 
and its extent does not exceed the extent justified by the purpose. 
 (2) The quotation shall be accompanied by the indi cation of its source and the name of the author 
if his name appears in the work from which the quotation is taken. 
Reproduction for teaching (Section 15)
 
 (1) The following acts shall be permitted without the authorization of the author of, or other 
owner of the copyright in, the work -  
 
(a) the reproduction of a short part of a published work, by way of illustration, in 
writings or sound or visual recording for teaching, where the reproduction is compatible with fair practice, and its extent  does not exceed the extent justified by the 
purpose; 
(b) the reprographic reproduction, for face-to -face teaching in educational institutions 
whose activities do not serve direct or indirect commercial gain, to the extend 
justified by the purpose, of a published article  or other short work extract of a writing, 
with or without illustrations, where - 
(i) the act of reproduction is an isolated one occurring, if repeated, on separate 
and unrelated occasions;  and 
(ii) there is no licence available, offe red by a collective administration 
organization in a way that the educati onal institution is aware or should be 
aware of the availability of the licence,  under which such reproduction can be 
made. 
(2) On any copy made under subsection (1), its source and the name of the author shall be 
indicated as far as practicable. 
 
Reprographic reproduction by libraries and archives (Section 16)
 
  Any library or archive whose activities do not serve direct or indirect gain may, without the authorization of the author of, or other owner of copyright in, the work, make a single copy of the 
work by reprographic reproduction where -  
 
(a) the work reproduced is a published article or other short work or short extract of a 
writing, with or without illustrations, and where the purpose of the reproduction is to 
satisfy the request of a physical person, if: 
 
(i) the library or archive is satisfied that th e copy will be used solely for the purpose 
of study, scholarship or private research; 
(ii) the act of reproduction is an isolated case occurring, if repeated, on separate and 
unrelated occasions;  and 
(iii) there is no licence available, offered by  a collective administration organization 
in a way that the library or archive is aw are or should be aware of the availability 
of the licence, under which such copies can be made;  or  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 11 
 
 
   
(b) the making of such copy is in order to pr eserve and, if necessary in the event that it is 
 lost, destroyed or rendered unusable, replace a copy or to replace, in the permanent 
 collection of another similar library or arch ive, a copy which has been lost, destroyed 
 or rendered unusable, if:  
 
(i) it is impossible to obtain such a copy under reasonable conditions; and 
(ii) the act of reprographic reproduction is an  isolated case occurring, if repeated, on 
separate and unrelated occasions. 
 
Reproduction, broadcasting and other communica tion to the public for informatory purposes 
(Section 17)  
  The following acts shall be permitted, without the authorization of the author of, or other 
owner of copyright in, subject to the obligation to  indicate, as far as practicable, the source and the 
name of the author:  
(a) the reproduction in a newspaper or periodical , the broadcasting or other communication 
to the public, of an article published in a newspaper or periodical on current economic, 
political or religious topics or a broadcast wo rk of the same character, unless the right 
to authorize reproduction, broadcasting or  other communication to the public is 
expressly reserved by the author or other owner of copyright, on the copies, or in connection with the broadcasting or other communication to the public, of the work; 
 (b) the reproduction and the broadcasting or ot her communication to the public, for the 
purpose of reporting current events, of short excerpts of a work seen or heard in the 
course of such an event, to the ex tent justified by the said purpose; 
 (c) the reproduction in a newspaper or periodical , the broadcasting or other communication 
to the public of a political speech, a lectur e, address, sermon or other work of similar 
nature delivered in public, or a speech deliver ed during legal proceedings, to the extent 
justified by the purpose of providing current information. 
 Reproduction and adaptation of computer programs (Section 18)
 
 (1) The reproduction in one copy or the adaptation of a computer program, shall be permitted, 
without the authorization of the author of, or othe r owner of copyright in, a computer program, by the 
lawful owner of that computer program, where the copy or adaptation is necessary:  
(a) for the use of the computer program, in conjunction with a computer for the purpose, 
and to the extent, for which the co mputer program has been obtained; 
 
(b) for archival purposes, and, for the replaceme nt of the lawfully owned copy of the 
computer program in the event that the lawf ully owned copy of the computer program 
in the event that the lawfully obtained c opy of the computer program ceases to be 
lawful. 
 
(2) No copy or adaptation referred to in subsecti on (1) shall be used for any purpose other than 
the ones determined in subsection (1), and any such copy or adaptation shall be  destroyed in the event 
that continued possession of the copy of the computer program ceases to be lawful.  IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 12 
 
 
  Importation for personal purposes (Section 19)
 
  The importation of a copy of a work, by a physical person, for his personal purposes, shall be permitted without the authorization of the author of, or other owner of copyright in, the work. 
 
Distribution of copies of works (Section 20)
 
 (1) Where a work has been published by means of  the sale of copies to the public, such copies 
may, without the author's authorization and withou t payment of remuneration, be redistributed by 
means of sale. 
 (2) The right of rental shall not apply to rent als of computer programs, where the computer 
program is not the essential object of the rental.  
Public lending (Section 21)
 
 (1) A library or archive whose activities do not, directly or indirectly, serve commercial gain 
may, without the author's authorization but subject to subsection (2), lend to a member of the public a 
copy of a work, other than a computer program, which is included in a book, periodical or other printed article which is part of the perman ent collection of the library or archive. 
 
(2) Every library or archive referred to in sub section (1) shall pay an equitable remuneration to 
the Society which shall distribute it to the author entitled thereto.  Display of works (Section 22)
 
 
 The public display of originals or copies of works shall be permitted without the authorization 
of the authorization of the author, where -  
(a) the display is not made by means of a film , slide, television image or otherwise on 
screen or by means of any other device or process;  and 
(b) the work has been published, or the original or the copy displayed has been sold, given 
away or otherwise transferred to another person by the author. 
 Limitation on protection (Section 30)
 
 Sections 23, 24, 26 and 29 shall not apply where th e acts referred to in those sections are related to - 
 
(a) the use by a physical person exclusively for his own personal purposes; 
(b) using a short excerpt for reporting current even ts to the extent justified by the purpose 
of providing current information; 
(c) use solely for the purpose of face to face teaching or for scientific research;  and 
(d) cases where, under Part IV, a work can be used  without the authorization of the author 
of, or the other owner of copyright in, the work. 
 
7. Please state the terms of protection of each right described above and the work or 
subject matter to which it applies. 
Duration of economic rights (Section 12)
 
 
(1) Subject to this section, the economic rights relati ng to the work of an author shall be protected 
during his lifetime and for 50 years thereafter.  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 13 
 
 
   
(2) The economic rights relating to a work of joint authorship shall be protected during the lifetime of the last surviving au thor and for 50 years thereafter. 
 
(3) (a) Subject to paragraph (b), where a work is published anonymously or under a 
pseudonym, the economic rights relating to the work shall be protected until the expiry of 50 years 
from the date on which the work was first published.  
(b) Where, before the expiry of the period of 50 years specified in paragraph (a), the 
author's identity is revealed or is no long er in doubt, the economic rights relating to the 
work shall be protected during the lifetime of  the author and for 50 years thereafter. 
 (4) Subject to subsections (5) and (6), where th e economic rights relating to a work specified in 
Section 7(5) are deemed to be assigned under that sec tion, they shall be protected until the expiry of 
50 years from the date on which the work was cr eated or first published, as the case may be. 
 (5) The economic rights relating to an audiovisual  work shall be protected until the expiry of: 
 
(a) 50 years from the making of the work;  or 
 
(b) where the work is broadcast or communicated  to the public during the period specified 
in paragraph (a) with the express authoriza tion of its maker, 50 years from the end of 
the year during which the authorization was granted. 
 (6) The economic rights relating to a photographic work or a work of applied art shall be 
protected until the expiry of 25 years from the making of the work. 
 (7) Every period specified in this section shall extend to the end of the year in which it would 
otherwise expire.  
8. Please state how your legislation grants the retroactive protection provided pursuant to 
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS 
Agreement) and Article 14.6 of the TRIPS Agreement.  
(1) Subject to subsection (2), the Copyright Act 1986 is repealed. 
(2) This Act shall: 
 
(a) apply to any work, performance, sound recording or broadcast which, at the 
commencement of this Act enjoys protection under the Copyright Act 1986; 
(b) not affect any contracts relating to a work , performance, sound recording or broadcast 
entered into before the commencement of this Act. 
C. T
RADEMARKS  
9. Please give the definition of a sign under your national legislation and explain under 
what conditions it is protectable. 
The Patents, Industrial Designs & Trademarks Act makes provision for a sign to be one which 
is visible and is capable of distinguishing the goo ds or services of an enterprise from those of other 
enterprises;  in respect of a collec tive mark such a sign is one which is visible and which is capable of IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 14 
 
 
  distinguishing the origin or any other common characteristics, including the quality of goods or 
services, of different enterprises which use the sign under the control of the registered owner of the 
collective mark (Sections 35 and 44 of the Act).  
 The sign is protectable whenever: 
 
(i) it does not fall within the definitions of Section 36 (2) of the Act; 
(ii) it falls within Section (35) of the Act; 
(iii) it is registered under Section 39 of the Act. 
 
10. Please confirm whether or not services a re a protectable subject matter in your 
trademark law.  Please confirm if signs, such as  trade names, are protectable.  Please describe if 
elements such as sound, perfumes and containers are protectable. 
- Services are a protectable subject matter; 
- Containers are protectable; 
- There are no specific provisions for the protection of sound and perfumes; 
- Trade names are protectable. 
 
11. Please explain what the requirements of use are, if any, as a condition for a trademark 
registration.  Please explain the definition of  use and the conditions of maintenance of a 
registration in that respect. 
Special provisions to deal with exceptions regarding prior use of a trademark, or rights to a 
trademark acquired through use in good faith have been introduced under Section 20 of the Geographical Indication Act 2002 (not yet proclaimed). 
 
 The Patents, Industrial Designs & Trademar ks Act 2002 makes provision for removal of a 
mark from the Register on the ground of non-use during a continuous period of not less than three 
years and upon request to the Controller.  
- Section 43 of the Act; 
- Use is defined as either use  by the registered owner or by a licensee; 
- The registration of a mark is for a period of 10 years and is renewable for consecutive 
periods of 10 years subject to payment of a fee (Section 41 of the Act) 
 
12. Please confirm whether or not your legislation permits that the registration of 
trademarks be indefinitely renewable. 
Under Section 41 of the Patents, Industrial De signs & Trademarks Act 2002, the registration 
of any mark may be renewed for consecutive peri ods of 10 years upon payment of a renewal fee and 
any condition as may be prescribed. 
  
13. Please describe the special requirements, if any, prescribed by your legislation 
concerning the use of a trademark. 
Any interested person, other than the register ed owner, shall require the agreement of the 
owner whenever he intends to use a registered mark.  (Section 40)   Subject to the Controller being satisfied,    IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 15 
 
 
   - a mark shall not be removed from the Regi ster where the Controller is satisfied that 
  reasonable circumstances prevented the u se of the mark and there was no intention 
  not to use or abandon the mark.  
 
D. G
EOGRAPHICAL INDICATIONS  
14. Please explain whether or not your trad emark registration authority refuses a 
trademark application if it contains a geographical indication. 
Under the Patents, Industrial Designs & Tradem arks Act 2002, no mark shall be registered 
where it is likely to mislead any person, in particul ar as regards the geographical origin of the goods.  
(Section 36 of the Act)  The Controller shall refuse or invalidate the registration of marks conflicting with a 
geographical indication for wines and spirits.  (Sec tion 19 of the Geographical Indications Act 2002.) 
 
15. Please give the definition of a geographical indication in your legislation. 
A geographical indication means an indication wh ich identifies a product as originating in the 
territory of a country, or a region or locality in that  territory, where a given quality, reputation or other 
characteristic of the product is essentially attributable to its geographical origin. 
 
16. Please describe and explain the provisions of your legislation establishing a link, if any, 
between the characteristics of an indication and its geographical origin. 
Please see our response to question 15 above. 
17. Please describe how additional protection is  granted by your legislation to wines and 
spirits.  Please mention other types of products, if any, covered by this additional protection. 
Sections 4 and 5 of the Geographical Indicati ons Act 2002 make provision for such protection 
to wines. 
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in 
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered as generic in your jurisdiction. 
 Section 20 of the Geographical Indications Ac t 2002 has taken on board the exceptions under 
Article 24 of the TRIPS Agreement. 
 
 Since the Geographical Indications Act 2002 has not yet been proclaimed it is difficult to 
provide examples of use of these exceptions for the time being. 
 
E. I
NDUSTRIAL DESIGNS  
19. Please explain whether or not your legislation extends to the protection of designs 
dictated essentially by technical or functional considerations.  Please explain how textile designs 
are protected. 
 Protection under the Patents, Industrial Designs  & Trademarks Act 2002, does not extend to 
anything in an industrial design which serves solely to obtain a technical result and to the extent that it 
leaves no freedom as regards arbitrary features of appearance. IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 16 
 
 
   
 Any composition of lines or colours or any mate rial whether or not associated with lines or 
colours is deemed to be an industrial design prov ided that such composition, form or material 
inter alia  can serve as a pattern for a product of industry. 
 
20. Please explain how your legislation protects right holders of a design against importing 
of articles bearing embodied or copied design. 
 Under Section 32 of the Patents, Industrial Designs & Trademarks Act 2002, the exploitation 
of a registered design i.e., the making, selling or importation of articles bearing or embodying a 
design which is a copy, or substantially a copy of  the registered industrial design – in Mauritius by 
any person, other than the registered owner,  shall require the agreement of the latter. 
 
21. Please state whether or not your legislation pr ovides for the right to issue a compulsory 
licence for industrial designs. 
The legislation does not make any provision for such right. 
22. Please indicate for what period of time your legislation grants protection for industrial 
designs. 
The registration of an industrial design is fo r a period of five years and renewable for two 
consecutive periods of five years. 
F. P
ATENTS  
23. Please describe how your legislation defines the notions of novelty, inventiveness and 
industrial application. 
 Under Section 12 of the Patents, I ndustrial Designs & Trademarks Act 2002  
 
(a) An invention is new  where it is not anticipated by prior art; prior art shall consist of 
anything disclosed to the public anywhere in the world prior to the filing or priority 
date.  Disclosure to the public shall not be  taken into consideration where (i) it 
occurred 12 months preceding the filing or pr iority date (ii) it was by reason of acts 
committed by the applicant or his predecessor in title or of an abuse by the third 
party. 
 
(b) An invention shall be considered as involvi ng an inventive step where, having regard 
to the prior art relevant to the applicati on claiming the invention, it would not have 
been obvious to a person having ordinary skill in the art. 
 (c) An invention shall be considered industrially  applicable where it can be made or used 
in any kind of industry. 
 
24. Please explain whether or not in your legislatio n, patent or otherwise, patent rights are 
enjoyed without any exclusions.  If exclusions  are provided for, please describe in detail how 
these exclusions are applied in legal as well as practical terms. 
 An invention relating to any product or process is subject to patent protection except those 
whose exclusion is permitted under Articles 27.2 and 27.3 of the TRIPS Agreement. 
  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 17 
 
 
  25. Please explain whether your legislation provides for the exclusion of inventions from 
patentability based on ordre public or morality.  If so, please explain the relevant section of your 
legislation and explain its formulation.  Please al so explain if it has been applied in practice. 
 Section 12(8) of the Patents, Industria l Designs & Trademarks Act 2002 reads: 
 - any commercial exploitation of an invent ion which is contrary to public order or 
  morality shall not be patentable. 
  The Act has recently been proclaimed and has not been applied in practice with respect to this 
provision. 
 
26. Please explain whether or not diagnostic, thera peutic and surgical methods are excluded 
from patentability in your legislation.  If so, please explain the relevant section of your legislation and explain its formulation. 
27. Please explain whether or not plants, anim als and essentially biological processes are 
excluded from patentability in your legislation.  If so, please explain the relevant section of your 
legislation and explain its formulation. 
28. Please describe how micro-organisms, non-essentially biological processes, 
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in 
this respect, the relevant sections of your legislation. 
 Part III Section 11(3) of the Patents, Industr ial Designs & Trademarks  Act 2002 is relevant.  
Responses to questions 26, 27 and 28. 
  The following shall be excluded from patent protection even if they are inventions within the meaning of subsection (I) of the Act, whereby an in vention may be or may re late to a product or a 
process: 
  
 (a) discoveries, scientific th eories and mathematical methods; 
(b) schemes, rules or methods for doing busi ness, performing purely metal [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 or animal body; 
(d) plants; 
(e) animals; 
(f) essentially biological processes for the production of plants and animals; 
(g) plant varieties. 
 
29. Please explain how your legislation protect s patent right holders against the importing 
and against the offering for sale of a patented invention. 
 Under Section 21, any exploitation of the pate nted invention in Mauritius by any person other 
than the owner of the patent shall require the latter's agreement  
(a) exploitation in respect of a product means: 
 
- the making, importing, offering for sale, selling and using the product; 
- the stocking of such product for the purposes of offering for sale, selling or 
 using. 
 IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 18 
 
 
  (b) exploitation in respect of a process means: 
 
- the use of the process; 
- the performance of any acts under (a) above in respect of a product obtained 
 directly by means of the process. 
30. Please state if your legislation provides for patent product protect ion of pharmaceutical 
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference. 
Please see our response to question 24 above. 
31. Please clarify if the patent protection of a process, as provided for in your legislation, 
covers the product obtained directly by that process. 
Please see our response to question 29 above. 
32. Please explain the additional conditions, if any, in your legislation other than the 
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of 
justification for access to genetic material or prior inform consent to its use).  If such additional 
conditions exist, please point out the relevant legi slations and describe the additional conditions 
in detail. 
 There are no specific provisions under the Pate nts, Industrial Designs and Trademarks Act 
2002 for additional conditions;  however an appli cant may be required to furnish information 
concerning corresponding foreign appl ications and patents granted a nd the relevant final decisions 
taken under Section 17. 
 
33. Please describe if your legislation provides fo r limited exceptions to the exclusive rights 
conferred by a patent.  If affirmative, pl ease make a reference to relevant legislation. 
 Under Section 21(4), any rights confe rred by a patent shall not extend to: 
 
(a) acts in respect of articles which have been put in the market in Mauritius or in any 
other country by the owner of the patent or with his consent or by any authorized party; 
 (b) in respect of articles which have been put on the market in Mauritius or in any 
country or imported into Mauritius. 
 
- to the use of articles on aircraft, land vehicles or vessels of other countries which 
temporarily or accidentally enter the airs pace, territory or waters of Mauritius; 
- to act done only for research and experimental purposes relating to a patented 
invention; 
- to act performed by any person who in good faith, before the filing or, where priority 
is claimed, the priority date of the application on which the patent is granted in Mauritius, was using the invention or was making effective and serious preparations 
for such use. 
 
34. Please explain whether or not your legislation provides for compulsory licensing.  If so, 
please explain in detail the conditions under which a compulsory licence may be granted.  In 
particular, please explain how your national le gislation considers individual merits in the 
authorization of such use.  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 19 
 
 
   The Patents, Industrial Designs & Trademarks Act 2002 authorizes and regulates the grant of 
compulsory licence:  
(i) where the competent Authority is satisfied th at the public interest including national 
security, nutrition, health or the developm ent of other vital sectors of the national 
economy so requires; 
(ii) where it is necessary to remedy anti-comp etitive practice/manner of exploitation; 
(iii) where the patent is not or sufficiently exploited by working the invention locally or by 
importation in Mauritius. 
 Upon a request being made, even without the agreement of the owner of the patent, the 
competent authority may authorize a government agency or a third person to exploit the patented invention on grounds of public inte rest or to remedy anti-competitive manner of exploitation by the 
owner or his licensee.  
The exploitation shall be: 
 - limited to the purpose for which it is authorized; 
- subject to the payment of an adequate compensation to the owner 
 
For the purposes of granting the above license, th e economic value of the authorisation shall 
be taken into account. 
 The patent owner or any interested person may be  heard.  A request for authorisation shall be 
accompanied by evidence that the person making the request has been unable to obtain a contractual 
license on reasonable commercial terms and c onditions and within a reasonable time. 
 
 Whenever a third person has been authorized to  exploit a patentist invention, the competent 
authority may, after hearing the parties and upon requ est from the owner of the patent, vary the terms 
of the decision authorising the exploitation, to the extent that any change in circumstances justifies 
such variation.  By definition under the Act Comp etent Authority is the Permanent Secretary of the 
Ministry responsible for the subject of international trade. 
 
35. Please explain how your legislation explicit ly ensures that a proposed user has made 
efforts to obtain authorization from the ri ght holder on reasonable commercial terms and 
conditions and that such efforts have not been su ccessful within a reasonable period of time.  In 
this context, how do you define "reasonable p eriod of time".  Please also explain how your 
legislation ensures that the use of a compulsory licence shall be authorized predominantly for 
the supply to the domestic market of the Member authorizing such use. 
 Please refer to our response to question 34.  The terms and conditions of the decision 
authorising the exploitation of a patented inve ntion under the circumstances described above fall 
under the responsibility of competent authority.  36. Please state if your legislation grants additional protection for innovations after the 
20 years of patent protection has lapsed. 
There is no provision for additional protection after the expiration of the 20-year period of 
protection. IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 20 
 
 
  37. Please explain how your legislation provides for the enhanced patent protection of 
patents or patent applications pending on 1 January 1995. 
 Patent applications were processed and pate nts were granted and protected under the Patents 
Act 1875 (repealed in 2002). 
 
38. Please explain how your legislation provides fo r the reversal of the burden of proof in 
relation to process patents. 
 The Protection Against Unfair Practices (Industrial Property Rights) Act 2002 makes 
provision that for the purposes of any civil proceedings, in respect of the violation of the rights of the 
owner of a patent, where the subject matter of th e patent is a process for obtaining a product, the 
burden of establishing that an identical product was not made by the process shall be on the alleged 
infringer.  G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
39. Please describe how your legislation protects Topographies. 
 The Protection of Layout-Designs (Topographies) of Integrated Circuits Art 2002 is not yet 
proclaimed, but has been approved by the Governme nt.  It makes provision for the registration of 
protection to be obtained: 
- for layout-design of integrated circuits where they are original; 
- where the layout-design has not yet been commercially exploited; 
- or has been commercially exploited for not more than two years anywhere in the 
world. 
 
The right of protection shall belong to the creator of the layout-design. 
 
40. Please explain what protection your national legislation grants to right holders against 
the unlawful importation, sale or distribut ion for commercial purposes of topographies 
including integrated circuits or other articles  in which a topography is incorporated in 
accordance with Article 36 of the TRIPS Agreement. 
 Under Sections 15 and 16 of the Act, unlawful importation, sale and distribution for 
commercial purposes of a protected layout-design or of an integrated circuit in which the protected 
layout-design is incorporated, shall amount to an act  of unfair practice and may give rise to a claim in 
damages.  The court may grant an injunction to prev ent an unfair practice, or any other remedy as it 
thinks fit.   The court may also order the secure, forfeiture and distribution of the layout-designs, 
integrated circuits or articles concerned and of any materials or implements, the predominant use of 
which has been in the co mmission of an offence. 
 
41. Please explain how your legislation provides for the derogation from Article 36 as 
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know when acquiring an integrated circuit or an article incorporating such an 
integrated circuit that it contains an unlawful topography.  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 21 
 
 
   The Layout-Designs (Topographies) of Integrated  Circuits Act 2002 has made provision from 
Article 36 as specified in Article 37 of the TRIPS Agreement under Sec tions 6(4) and (17) 
respectively of the said Act.  42. Please state the term of protection granted by your legislation to topographies. 
 Under Section (7) of the Layout-Designs (T opographies) of Integrated Circuits Act 2002, 
protection shall commence:  
- on the date of the first commercial exploitati on.  Thereof anywhere in the world by or 
with consent of the right holder, provided protection has been applied for in 
accordance with the Act. 
- on the filing date if the layout-design has not  been previously exploited commercially 
anywhere in the world. 
 
Protection granted under the Act shall terminate at  the end of the tenth calendar year after the 
date of commencement of protection. 
 
H. P
ROTECTION OF UNDISCLOSED INFORMATION  
43. Please explain whether or not your legislatio n grants a defined period of time for the 
protection of undisclosed information.  If so, please give the time span. 
 Under Section (9) of the Protection Against Un fair Practices (Industria l Property Rights) Act 
2002, a person who submitted undisclosed tests or ot her data, the origination of which involves 
considerable effort, shall rely on such data in support of an application for product approval for a 
period of not less than five years after the submission of those tests or data, unless the Minister otherwise decides. 
 
44. Please explain how your legislation defines undisclosed information. 
 Under Section 9(3) of the Protection Against Unfair Practices (Industr ial Property Rights) Act 
2002 – the Act makes reference to secret information where  
(a) it is not, as a body or in the precise configuration and assembly of its components, 
generally known among or readily accessible to persons who normally deal with the 
kind of information in question; 
(b) it has commercial value because it is secret;  and  
(c) it has been subject to reasonable steps under the circumstances, by the rightful holder 
to keep it secret. 
 
45. Please explain how your legislation defi nes data submitted to governments or 
governmental agencies. 
 Section 9(4) of the Protection Against Unfa ir Practices (Industrial Property Rights) Act 2002 
refers to data the origination of which involves cons iderable effort, and which has been submitted to a 
competent authority for the purposes of obtaining approval of the marketing of pharmaceutical or 
agricultural chemical products which utilize new chemical entities. 
 IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 22 
 
 
  I. E
NFORCEMENT  
46. Please describe how your legislation provides fo r effective action against infringement of 
intellectual property rights. 
 Under the Patents, Industrial Designs & Trademarks Act 2002. 
 
 Sections 21.32 and 40 state those acts which are unlawful if performed by any person other 
than the owner of the title of protection or the licen see and without the agreement of the owner.  That 
person, on conviction shall be liable to a fine not exceeding MUR 250,000 and imprisonment for a 
term not exceeding five years. 
 
 Further any act in breach of Sections 21, 32 and 40 of the above Act, shall amount to an act of 
unfair practice as defined under the Protection Agai nst Unfair Practices (Industrial Property) Act 2002 
and may give rise to a claim in damages.  U nder these circumstances, the court may grant an 
injunction to prevent an unfair practice, award dama ges, order the forfeiture of any article or thing 
that were used in or gave rise to an act of unfair practice, as the court thinks fit.  Similar provisions 
have been introduced under the Geographical  Indications Act 2002 and the Layout-Designs 
(Topographies) of Integrated Circuits Act 2002.   Any act or practice contrary to honest co mmercial practice, falling under the following 
sections of the Protection Against Unfair Pr actices (Industrial Property Rights) Act 2002 shall 
constitute an unfair practice: 
 
- causing confusion with respect to another's enterprise or activities; 
- damaging another's goodwill or reputation; 
- misleading the public; 
- discrediting another's enterprise or activities; 
- unfair competition in respect of secret information. 
 
47. Please explain whether or not your legislatio n provides for a mechanism to appeal to 
judicial bodies of final administrative decisions. 
 The Patents, Industrial Designs & Trademarks  Act 2002 makes provision under Section 10 of 
the Act for any person who feels aggrieved by d ecision taken by the Controller under any of the 
Industrial Property enactments to appeal to the Industrial Property Tribunal which has been established under Section 9 of the Act, who shall have jurisdiction to hear and determine such appeal.   
  Under Section 50 of the Act any person who is  dissatisfied with the determination of the 
Tribunal as being erroneous in law may appeal to the Supreme Court by way of case stated. 
 Copyright Act
 
  By way of judicial review similar to Order 53 of the Supreme Court Rules in UK. 
 
48. Please describe how your legislation authori zes judges to order production of evidence 
by the opposing party.  Please give precise info rmation on what measures are taken to ensure 
the protection of confidential information. 
 Generally public documents (i.e. in possessi on of the Ministry) are covered by public 
privilege and are normally disclosed upon a court order.   In addition, the official Secret's Act and  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 23 
 
 
  administrative rules prevent the disclosure of conf idential information acquired during the term of 
office by a public officer.  
49. Please quote provisions of your legislation that authorize judges to order a defendant to 
desist from an infringement. 
 In an emergency case, Judges may order a defenda nt to desist from an infringement by way of 
injunction in the nature of a proh ibitory order.  Under Section 11 of the "Protection Against Unfair 
Practices (Industrial Property Rights) Act 2002, the co urt may grant an injunction to prevent an unfair 
practice, or an unlawful act; secondly award damages and also grant any other remedy provided for in 
law.  See Section 11 of the Protection Against Un fair Practices (Industrial Property Rights) Act 2002 
and Article 1382 of the Code Civil. 
 
50. Please quote what provisions of your legislation authorize judges to order the payment 
to the right holder of adequate damages to compensate the injury he suffered. 
See Section 11 of the PAUP (IPR) Act 2002. 
51. Please quote what provisions of your legislation authorize judges to order the payment 
of the right holder's expenses by the infringer. 
 Section 197 D of the Courts Act provides for the payment of wasted costs which are costs 
incurred by a party as a result of any improper, unreasonable or negligent act or omission on the part of any legal representative or employed of the repr esentative;  or which in the light of any act or 
omission occurring after the costs were incurred, th e court considers it unreasonable to expect that 
party to pay.  This is in addition to the general rule that the losing party pays the cost of the winning 
party, subject to taxation by the court. 
 
52. Please explain if and how judges have the authority to order that infringing goods are 
placed outside channels of commerce or destroyed. 
 The Court may grant such remedies as forfeiture of any infringing copy and of any apparatus, 
article or thing used for the making of the infringing copy or otherwise, as the court thinks fit. 
(Section 11 of the PAUP(IPR) Act 2002 and S 52 of the PIDT Act 2002. 
 
53. Please quote what provisions of your legislation authorize judges to indemnify a 
defendant in the event of abuse by the plaintiff. 
 By cross-action or action under Articles 17 & 1382 of the Civil Code. 
 
54. Please explain how your legislation implemen ts Article 50 of the TRIPS Agreement. 
 
 See the Protection Against Unfair Practices (Industrial Property Rights) Act 2002. 
 
55. Please identify the competent authorities in your jurisdiction who receive requests from 
right holders for an application to suspend the release of counterfeit goods by the customs authorities.  
 The Controller of the Industrial Property Office. 
 
56. Please indicate whether or not procedures are available to suspend the exporting of 
counterfeit goods. IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 24 
 
 
   
 Once the case is lodged an injunction in the fro m of a prohibitory order may be made by court 
thereupon restraining the alleged infringe r from further dealing with the goods. 
 
57. Please quote what provisions of your legislat ion authorize the competent authorities to 
order the destruction or disposal of infringing goods. 
 The Supreme Court may make an order of fo rfeiture of any infringing copy and of any 
apparatus, article or thing used for the making of th e infringing copy or that such apparatus, article or 
thing be delivered to any person lawfully entitled to. 
 
58. Please indicate whether or not your legislation provides for a de minimis  imports 
exception. 
 No.  On de minimis  exception Section 44(1)(a) (iv) of the Copyright Act.  
 
59. Please explain how your legislation implemen ts Article 61 of the TRIPS Agreement. 
 The Patents, Industrial Designs & Trademar ks Act 2002 has made provision for criminal 
procedures and penalties in cases of tr ademarks infringement/counterfeiting. 
  Similar provisions as under S41 of the Copyright Act.  
 See also Section 41 of the Copyright Act.  The court may also grant such remedies as 
forfeiture of any infringing copy and of any apparatu s, article or thing used for the infringing coy or 
otherwise, as the court deems fit (see answer to question 24)   Please refer to our response to question 46. 
 
Answers to questions 46 to 59 as provided under the Copyright Act 1997 
 Judicial Proceedings 
Civil remedies (Section 41)
 
(1) An action by a copyright owner or an exclusive licensee for an infringement of copyright 
shall be commenced by plaint with summons before the Supreme Court. 
(2) In an action under subsection (1), the S upreme Court may, notwithstanding any other 
enactment, grant such remedies, by way of damages,  injunction, forfeiture of any infringing copy and 
of any apparatus, article or thing used for the making of the infringing copy or otherwise, as the 
Supreme Court thinks fit.  (3) Where a person: 
(a) has an infringing copy of a work in his possession, custody or control;  or 
(b) has in his possession, custody or control an ar ticle specifically designed or adapted for 
making copies of a work entitled to protection under this Act, 
 the copyright owner may apply to a Judge in Ch ambers for an order that the infringing copy 
or article be delivered up to him or to such ot her person as the Judge in Chambers may direct.  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 25 
 
 
  Offences (Section 44) (Criminal Action)
 
(1) Any person who: 
(a) without the express authorisation of the copy right owner: 
(i) publishes, distributes or reproduces a work; 
(ii) performs a work for the public; 
(iii) communicates a work to the public; 
(iv) broadcasts a work; 
(v) makes a derivative work; 
(vi) imports  otherwise than exclusively for his own private and personal use, sells, 
exposes or offers for sale or hire, or has in his possession in the course of trade, 
any copy of a work which constitutes an  infringement of the copyright of its 
owner, or would constitute such an infri ngement if the copy of the work were 
made in Mauritius; 
(b) manufactures or imports for sale or rental any device or means which is: 
(i) specifically designed or adapted to circumvent any device or means intended to 
prevent or restrict reproduction of a work  or to impair the quality of any copy 
made thereof;  or 
(ii) susceptible to enable or assist the recepti on of an encrypted programme, which is 
broadcast or otherwise communicated to the public, by a person who is not entitled to receive the programme; 
(c) has in his possession in the course of trade an y apparatus, article or thing, knowing that 
it is to be used for making infringing copies of a work or for a purpose referred to in paragraph (b); 
(d) in any other manner contravenes th is Act, shall commit an offence. 
(2) For the purposes of subsection (1) (a), wher e a work is communicated to the public on the 
premises of an occupier by the ope ration of any apparatus which is pr ovided by or with the consent of 
the occupier of those premises, the occupier sh all be deemed to be the person communicating the 
work to the public, whether he operates the apparatus or not. 
(3) (a) Any person who commits an offence shall, 
 
(i) on a first conviction, be liable to a fine not exceeding MUR 300,000 and to 
imprisonment for a term not exceeding two years. 
(ii) on a second or subsequent offence be liable to a fine not exceeding MUR 
500,000 and to imprisonment for a term not exceeding eight years. 
(b) Notwithstanding any other enactment, a District  Magistrate shall have jurisdiction to try 
any person charged with an offence under this Act. IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 26 
 
 
  (4) The Court before which a person is convicted of an offence may, in addition to any other 
penalty imposed: 
(a) order the forfeiture of any apparatus, article or thing which is the subject matter of the 
offence or is used in connection with the commission of the offence; 
(b) order that such apparatus, article or thing shall be delivered up to any person lawfully 
entitled to it. 
 
IV. RESPONSE TO A QUESTION POSED BY JAPAN 
A. C
OPYRIGHT AND RELATED RIGHTS  
1. Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in 
Articles 3 and 4 of the TRIPS Agreement.  
 Please see our response to question 1 posed by the United States. 
 
 The Copyright Act 1997 does not provide for MFN and National Treatment but there is no section in the Act that discriminate between a national and a foreigner.  
V. RESPONSES TO QUESTIONS POSED BY SWITZERLAND 
A. G
EOGRAPHICAL INDICATIONS  
1. Please explain in detail how your legisl ation provides protection for geographical 
indications. 
 The Government of Mauritius has approved th e Geographical Indications Act 2002 but it has 
not yet proclaimed the said Act.  
 The Geographical Indications Act 2002 defines a geographical indication as an indication 
which identifies a product as originating in the territory, where a given quality, reputation or other characteristics of the product is essentially attributab le to its geographical origin.  Under the said Act 
protection is available in respect of a geographical indication:  
(a) irrespective of whether it has been registered; 
(b) which, although literally true as to the te rritory, region or locality in which the 
products originate, falsely represents to th e public that the products originate in 
another territory (Section 4 of the Act). 
 
Protection is also granted to each indica tion in respect of homonymous geographical 
indications for wines (Section 5 of the Act). 
  Under the Geographical Indications Act 2002, no person, other than a producer carrying on an 
activity in the geographical area specified in the Re gister of Geographical Indications shall have the 
right to use a registered geographical indication in the course of trade with respect to the products 
specified in the Register and which possess the quality , reputation or other characteristics specified in 
the Register.   IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 27 
 
 
   The Act has also made provision for the protection of geographical indications against unfair 
practice (Section 3 of the Act) and for any person to institute court proceedings under the Protection 
Against Unfair Practices Act 2002.  
 The Act further makes provision for the refusal  or invalidation of misleading marks on/ and 
marks conflicting with geographical indications for wines and spirits.   Please see additional elements in our respon se to question 14 posed by the European 
Communities and their member States.  
B. P
ATENTS  
2. Does your legislation grant patent protection to  all categories of products or are there 
any exceptions?  If so, please explain in deta il what kind of exceptions exist  and how they 
comply with Article 27 of the TRIPS Agreement. 
3. Does your legislation, in accordance with Arti cle 27.1 in combination with Article 31 of 
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude 
compulsory licensing, if a product is being imported)? 
4. Does your legislation make the granting of  a compulsory license subject to all the 
conditions enumerated in Article 31 of the TR IPS Agreement?  Please cite the relevant 
provisions of law. 
 Please see our responses to questions 23-34 po sed by the European Communities and their 
member States.  
5. Does your legislation provide for the principle of the reversal of burden of proof in a 
process patent litigation?  Please cite the relevant provisions of law. 
 Please see our response to question 38 posed by the European Communities and their member 
States.  C. P
ROTECTION OF UNDISCLOSED INFORMATION  
6.  Please explain in detail if your legislation ensures that undisclosed test or other data 
submitted by an applicant to the responsible State agency in the procedure for market 
authorisation of a pharmaceutical or of an agr icultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market au thorisation for his own product.  Does your 
legislation provide for exceptions to this? If yes, under what conditions would such exceptions 
apply?  Does your legislation set a specific term of  protection for undisclosed test or other data 
of the first applicant? 
 Please see our responses to questions 43 to 45 posed by the European Communities and their 
member States.  D. E
NFORCEMENT  
7.  Please indicate remedies provided by your legislation, which constitute effective 
deterrents to infringements of intellectual property rights. IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 28 
 
 
  Civil remedies (Section 41) of Copyright Act 1997
 
 (1) An action by a copyright owner or an exclusiv e licensee for an infringement of copyright shall 
be commenced by plaint with summons before the Supreme Court. 
(2) In an action under subsection (1), the S upreme Court may, notwithstanding any other 
enactment, grant such remedies, by way of damages,  injunction, forfeiture of any infringing copy and 
of any apparatus, article or thing used for the making of the infringing copy or otherwise, as the Supreme Court thinks fit. 
(3) Where a person: 
 
(a) has an infringing copy of a work in his possession, custody or control;  or 
(b) has in his possession, custody or control an ar ticle specifically designed or adapted for 
making copies of a work entitled to protection under this Act, 
 
the copyright owner may apply to a Judge in Chambers for an order that the infringing copy 
or article be delivered up to him or to such ot her person as the Judge in Chambers may direct. 
Presumptions (Section 42)
 
In any action for an alleged infringement of copyright - 
(a) it shall be presumed, unless the defendant puts it in issue, that: 
(i) Copyright subsists in the work to which the action relates; 
(ii) the plaintiff is the copyright owner if he claims so to be; 
(iii) the person whose name is indicated on an audiovisual work in the usual 
manner as producer is the producer of the work; 
(b) it shall be presumed, unless the contrary is proved, that the person named as author 
of a published work, if it was his true name or a name by which he was commonly 
known, is the author of the work;  
(c) where it is proved or admitted that the aut hor of a work is dead or a work was 
published anonymously or under a pseudon ym, it shall be presumed, unless the 
contrary is proved, that: 
(i) the work is an original work; 
(ii) any allegation by the plaintiff that the publication was a first publication 
and occurred in a specified country on a specific date is true; 
(iii) in the case of a work which was published anonymously or under a 
pseudonym, the publisher of the work is the copyright owner. 
  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 29 
 
 
  Vain threats (Section 43)
 
(1) Subject to subsection (2), where a person who claims to be a copyright owner or an 
exclusive licensee threatens any other person with legal proceedings in respect of an alleged 
infringement of his copyright, the person threatened may - 
(a) bring an action against the claimant and obtain an injunction against the 
continuance of the threat; 
(b) recover damages for any injury which he has sustained where the alleged 
infringement to which the threat related was not in fact an infringement of any copyright of the claimant. 
 
(2) Subsection (1) shall not apply where the cl aimant commences and prosecutes an action with 
due diligence for infringem ent of his copyright. 
Offences (Section 44)
 
(1) Any person who – 
 
(a) without the express authorisation of the copy right owner: 
(i) publishes, distributes or reproduces a work; 
(ii) performs a work for the public; 
(iii) communicates a work to the public; 
(iv) broadcasts a work; 
(v) makes a derivative work; 
(vi) imports otherwise than exclusively for his own private and personal use, sells, 
exposes or offers for sale or hire, or has in his possession in the course of trade, any copy of a work which constitutes an  infringement of the copyright of its 
owner, or would constitute such an infri ngement if the copy of the work were 
made in Mauritius; 
 
(b) manufactures or imports for sale or rental any device or means which is - 
(i) specifically designed or adapted to circumvent any device or means intended to 
prevent or restrict reproduction of a work  or to impair the quality of any copy 
made thereof;  or 
(ii) susceptible to enable or assist the recepti on of an encrypted programme, which is 
broadcast or otherwise communicated to the public, by a person who is not entitled to receive the programme; 
(c) has in his possession in the course of trade an y apparatus, article or thing, knowing that 
it is to be used for making infringing copies of a work or for a purpose referred to in 
paragraph (b); IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 30 
 
 
  (d) in any other manner contravenes th is Act, shall commit an offence. 
(2) For the purposes of subsection (1) (a), wher e a work is communicated to the public on the 
premises of an occupier by the ope ration of any apparatus which is pr ovided by or with the consent of 
the occupier of those premises, the occupier sh all be deemed to be the person communicating the 
work to the public, whether he operates the apparatus or not. 
(3) (a) Any person who commits an offence shall, 
 
(i) on a first conviction, be liable to a fine not exceeding MUR 300,000 and 
to imprisonment for a term not exceeding two years. 
(ii) on a second or subsequent offence be liable to a fine not exceeding 
MUR 500,000 and to imprisonment for a term not exceeding eight years. 
(b) Notwithstanding any other enactment, a Dist rict Magistrate shall have jurisdiction 
to try any person charged with an offence under this Act. 
 
(4) The Court before which a person is convicted of an offence may, in addition to any other 
penalty imposed -  
(a) order the forfeiture of any apparatus, artic le or thing which is the subject matter of 
the offence or is used in connecti on with the commission of the offence; 
(b) order that such apparatus, article or th ing shall be delivered up to any person 
lawfully entitled to it. 
 
 Please also refer to answer to ques tion 22 posed by the United States. 
 
8. Please describe any new initiatives that are planned to improve enforcement of 
intellectual property rights in your country, pa rticularly initiatives related to criminal 
enforcement. 
 
 The Copyright Act 1997 is in the process of being reviewed amongst others: 
- To incorporate the requirements of the tw o internet treaties - the WIPO Copyright 
Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) 
- the Sections 66A and B of the Customs Act wh ich have recently been incorporated for 
border control. 
  Please see also our responses to questions 46 and 59 posed by the European Communities and 
their member States.   IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 31 
 
 
  VI. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES 
A. G
ENERAL  
1. Please describe, in relation to each form of intellectual property covered by the TRIPS 
Agreement, including plant variety protection, th e manner in which nation treatment and most 
favoured nation treatment are provided to nationals of other WTO Members. 
 Under the Industrial Property Legislations 2002, any national as well as any foreigner who 
belongs to a WTO Member states are eligible for protection.  B. C
OPYRIGHT AND RELATED RIGHTS  
2. Please explain how the copyright law of  Mauritius  protects computer programs as 
literary works and complications of data as required by Article 10 of the TRIPS Agreement. 
 
Pursuant to Section 2 of the Copyright Act, "artistic, literary or scientific work" include 
computer programs.  They are therefore considered as "works" while databases or compilation of data 
are considered as "derivative work s" under the Act.  Works means an  artistic literary or scientific 
work as a derivative.  Therefore, they are entitle d to the same protection as for any other works 
provided they are original and written down/fixed.  In the case of derivativ e works, the protection 
would not affect the protection attaching to a pre- existing work used for making the derivative work.  
They then enjoy the economic and moral rights as defined by law (See IP/C/W/274 on economic and moral rights) Sections 2 and 3 of the Copyright Act. 
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs 
and cinematographic works be available.  Please cite to the corresponding provision of the 
copyright law of Mauritius.  
Section 20(2)
 
The right of rental shall not apply to computer  programs, where the computer program is not 
the essential object of the rental. 
 However, according to Section 21 of the Act on Public Lending, "a library or archive whose 
activities do not, directly or indirectly, serve commerc ial gain may, without the author's authorization 
but subject to the payment of an equitable remunera tion to the Society which shall distribute it to the 
author entitled thereto, lend to a member of the public a copy of a work, other than a computer 
program, which is included in a book, periodical or other printed article which is part of the 
permanent collection of the library or archive". 
Section 26 (1) (b) of the Copyright Act stipulates that subject to Section 30, a producer of a 
sound recording shall have the exclusive right to carry out or to authorize the rental or public lending 
of a copy of the sound recording, irrespective of the ownership of the copy rented or lent. 
4. Please describe the protection the copyrigh t law of Mauritius provides for performers, 
and the term of the protection. 
Rights granted to performers (Section 24)  
(1) No person shall, without the authorization of the performer: IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 32 
 
 
  (a) broadcast a performance or distribute it by cable, except where the broadcast or 
distribution 
 
(i) is made from a fixation of the performance;  or 
 
(ii) is a broadcast or distribution of a performance made or authorized by the person 
who initially broadcast the performance; 
(b) communicate a performance to the public, except where the communication is made 
from 
 
(i) a fixation of the performance;  or 
 (ii) a broadcast or distribution by cable of the performance; 
(c) fix an unfixed programme; 
(d) reproduced a fixation of a performance where: 
 
(i) the performance was initially fixed with out the performer's authorization; 
 (ii) the reproduction is made for a purpose whic h is different from that for which the 
performer gave his authorization;  or 
 
(iii) the reproduction is made for a purpose whic h is different from that for which it 
was originally fixed. 
 (2) In the absence of any agreement to the cont rary, or of circumstances of employment from 
which the contrary would ordinarily be inferred: 
(a) an authorisation to broadcast or distribute  a performance by cable shall not imply an 
authorisation to 
(i) license another person to broadcast or distribute the performance by cable; 
(ii) fix the performance; 
(iii) reproduce a fixation;  and 
 
(b) an authorization to fix a performance or to reproduce a fixation shall not imply an 
authorization to broadcast or distribute the performance by cable from the fixation or 
any reproduction of that fixation. 
 
(3) Where a performer has authorized the incor poration of his performance in an audiovisual 
fixation, subsection (1) shall have no further application. 
(4) The protection referred to in subsection (1) sh all subsist until the expiry of 50 years from the 
end of the year in which the performance took place. 
(5) Nothing in this section shall prevent a performer from agreeing in writing terms and 
conditions that are more favourable in respect of any use of his performance. 
  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 33 
 
 
  5. Article 14.2 of the TRIPS Agreement provi des that producers of phonograms are to 
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires that producers of phonogr ams are to have the right to authorize or 
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please 
describe how the copyright law of Mauritius implem ents these obligations and indicate the term 
of protection. 
 
Section 26 of the Copyright Act 1997 stipulates that a producer of a sound recording shall 
have the exclusive right to carry out or to authori ze, amongst others, the rental or public lending of a 
copy of the sound recording, irrespective of the ownership of the copy rented or lent. 
In the case of sound recordings, the term of prot ection is 50 years from the end of the year of 
publication or, if the sound recording has not been published, until the expiry of 50 years from the end 
of the year of fixation.  
C. T
RADEMARKS  
6. Please describe the subject matter that can comprise a trademark under the trademark 
law of Mauritius. 
 
7. Please provide the length and terms of protection the trademark law of Mauritius 
provides for a trademark. 
  Please see our responses to questions 9 to 12 po sed by the European Communities and their 
member States. 
8.  Please explain whether the relevant auth orities in Mauritius take account of the 
knowledge of the trademark in the relevant sector  of the public, including knowledge obtained 
as a result of promotion of the trademark, in  determining whether a mark is well-known, as 
required under Article 16.2 of the TRIPS Agreement.  
 The Authorities take into account the joint recommendations of the Committee of well-known 
marks under WIPO to determine whether a mark is well-known.  
D. G
EOGRAPHICAL INDICATIONS  
9.  Please describe in detail how the laws of Mauritius provide for the recognition and 
protection of geographical indications required by  Article 22.2 of the TRIPS Agreement, citing 
to the relevant provisions of law or regulation, and provide examples of geographical indications so protected. 
 
10.  Please describe in detail the manner in which the higher level of protection required for 
wines and spirits under Article 23.2 of the TRI PS Agreement is implemented, citing to the 
relevant provisions of law or regulation, and provide examples of geographical indications for such products. 
 
11.  Please explain whether pre-existing trademarks are protected, under the laws of Mauritius, against usurpation by geographical i ndications, as required by Article 24 of the 
TRIPS Agreement.  
 Please see our responses to questions 14 to 20 posed by the European Communities and their 
member States. IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 34 
 
 
   Further being given that the Geographical Indi cations Act has not yet proclaimed, we are not 
in a position to provide examples of protected geographical indications.  E. I
NDUSTRIAL DESIGNS  
12.  Please describe the procedure that must be followed to obtain protection for textile 
designs and cite to the relevant provisions of law or regulation. 
 Please see our response to question 19 posed by  the European Communities and their member 
States.  Further, the Patents, Industrial Designs & Trademarks Act 2002 has under Section 30 of the 
Act, made provision for an application: 
 
- to be filed with the Controller of the Industrial Property Office; 
- to contain the necessary drawings, photographs or other adequate graphic 
representations of the industrial design; 
- to 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; 
- to be accompanied by a specimen of the article; 
- be subject to the payments of an application fee. 
 
Where the Controller finds that the conditions referred in Sections 27, 28 and 30 of the said 
Act have been fulfilled, he shall register the indus trial design and issue a Certificate of Registration 
upon payment of a registration fee. 
  Section 27 defines an industrial design.  Section 28 establishes the criteria for an industrial design to be registrable under the Act.   
F. P
ATENTS  
13.  Please describe in detail the way in wh ich the patent law of Mauritius implements 
Article 27 of the TRIPS Agreement, indicating  any exceptions provided for, and including 
details regarding the protection for micro-or ganisms and non-biological and microbiological 
processes and plant varieties.  Please cite to the relevant provisions of the law. 
 
14.  Please describe in detail the rights pr ovided patent holders under the patent law of 
Mauritius and cite to the relevant provisions of law. 
 
15.  Please describe in detail any provisions in the laws of Mauritius permitting 
unauthorized use of a patent, citing to the rele vant provisions of law, and describe in detail the 
conditions under which such use can occur. 
 
 Please see our responses to questions 23 to  30, and 34-35 posed by the European 
Communities and their member States.  
16.  What term of protection does the patent la w of Mauritius provide for patents?  Please 
describe any provisions for extension of the term of protection and cite to the relevant 
provisions of the law.  Please also describe any factors that the Governor-General would 
consider in deciding whether to extend a patent's term for another 14 years. 
 
 Under the present Patents, Industrial Designs & Trademarks Act, the term of protection for a 
patent is 20 years from the filing date of the application. 
  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 35 
 
 
  17.  Please explain the meaning of the terms "partly printed" and "partly written", under 
Article 25 of  the Mauritius Patent Act.  Would a written description of only a portion of a claimed invention be sufficient to defeat its novelty? 
 The provisions referred to in the above questi ons have been [were] repealed on 6 January 
2003. 
 
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
18.  Please describe in detail the protection for layout-designs of integrated circuits provided 
under the laws of Mauritius, including the term of protection, and cite to the relevant provisions 
of law. 
 Please see our responses to questions 39 and 42 posed by the European Communities and 
their member States.  H. P
ROTECTION OF UNDISCLOSED INFORMATION  
19.  Please describe in detail how the laws of Mauritius provide for the protection of 
undisclosed information as required by Articl e 39.2 of the TRIPS Agreement and provide 
citations to the relevant provisions of law. 
 
20.  Please describe in detail the manner in whic h protection is provided test data regarding 
pharmaceutical and agricultural chemical produc ts submitted to the government in order to 
obtain marketing approval in Mauritius and cite to the relevant provisions of law. 
 21.  Are other applicants for marketing appr oval for their own versions of a previously 
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted 
by the earlier applicant?  If so, how long a peri od of exclusivity is given the earlier applicant 
before such reliance becomes possible. 
 
Regarding questions 19 to 21, please see our resp onses to questions 43 to 45 posed by the 
European Communities and their member States. 
I. E
NFORCEMENT  
22.  Please describe in detail the manner in whic h the laws of Mauritius provide for effective 
action against infringement of intellectual proper ty rights as required by Article 41 of the 
TRIPS Agreement.  Please also address how decisions on the merits of a case are consistent with 
the requirements of Article 41 of the TRIPS Agreement, under the laws of Mauritius.  
 Article 41 of the TRIPS Agreement has been implemented through the passing of the 
Protection Against Unfair Practices (Industria l Property Rights) Act 2002 which provides for 
remedies in the event one is misleading the public or commits an act of unfair practice.  IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 36 
 
 
  23.  Article 43.1 of the TRIPS Agreement requires that judges be authorized to order 
production of evidence necessary to substantiate  a party's claims where that party has been 
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or 
regulations of Mauritius provide this authorizatio n, citing to the relevant provisions of law or 
regulation. 
 
 Under the general provision of the Supreme Cour t Rules & Civil Procedure – Have to apply 
for particulars and the other party may be called on personal answers. 
 24.  Please describe in detail all of the civil remedies that are available to right holders under 
the laws of Mauritius, citing to the relevant provisions of law or regulation.  
 Civil remedies that are available are provided under Section 11 of the "Protection Against 
Unfair Practices (Industrial Property Rights) Act 2002, (see also Section 52 of the Patents, Industrial 
Designs & Trademark Mark Act 2002).  Civil remedi es are also available under Section 41 of the 
Copyright Act for any infringement of copyright.  The Supreme Court may grant remedies by way of damages, injunction, forfeiture or any infringing copy  of any apparatus, article or thing used for the 
making of the infringing copy or otherwise as the court thinks it fit.   This is in addition to Sections 71,73 of the Courts Act. 
 
25.  Please describe in detail the provision al procedures and remedies available to right 
holders under the laws of Mauritius, citing to th e relevant provisions of law and regulation, and 
indicate any condition under which a right holder may avail itself of those procedures and remedies. 
  The procedure to commence an action for unfair practice is by way of plaint with summons 
before the Supreme Court.  A party to succeed in its case needs to prove that  there has been an act 
amounting to unfair practice.   This is in addition to any action brought under Article 1382 of the Civil Code. 
 
26.  Please explain whether, under the laws of Mauritius, materials used in the creation of 
infringing goods can be ordered to be disposed of outside of the channels of commerce, without 
compensation of any sort.  
Answers to questions 22-26 as provided in the Copyright Act of 1997 
 
Civil remedies (Section 41)
 
 (1) An action by a copyright owner or an exclusive licensee for an infringement of copyright shall be commenced by plaint with summons before the Supreme Court. 
(2) In an action under subsection (1), the S upreme Court may, notwithstanding any other 
enactment, grant such remedies, by way of damages,  injunction, forfeiture of any infringing copy and 
of any apparatus, article or thing used for the making of the infringing copy or otherwise, as the Supreme Court thinks fit. 
(3) Where a person: 
(a) has an infringing copy of a work in his possession, custody or control;  or  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 37 
 
 
  (b) has in his possession, custody or control an ar ticle specifically designed or adapted for 
making copies of a work entitled to protection under this Act, 
 
the copyright owner may apply to a Judge in Ch ambers for an order that the infringing copy 
or article be delivered up to him or to such ot her person as the Judge in Chambers may direct. 
 Presumptions (Section 42)
 
In any action for an alleged infringement of copyright - 
(a) it shall be presumed, unless the defendant puts it in issue, that: 
(i) Copyright subsists in the work to which the action relates; 
(ii) the plaintiff is the copyright owner if he claims so to be; 
(iii) the person whose name is indicated on an  audiovisual work in the usual manner 
as producer is the producer of the work; 
(b) it shall be presumed, unless the contrary is proved, that the person named as author of 
a published work, if it was his true name or a name by which he was commonly 
known, is the author of the work; 
(c) where it is proved or admitted that the author of a work is dead or a work was 
published anonymously or under a pseudon ym, it shall be presumed, unless the 
contrary is proved, that: 
(i) the work is an original work; 
(ii) any allegation by the plaintiff that the publication was a first publication and 
occurred in a specified country on a specific date is true; 
(iii) in the case of a work which was publishe d anonymously or under a pseudonym, 
the publisher of the work is the copyright owner. 
 
Vain threats (Section 43)  
(1) Subject to subsection (2), where a person who cl aims to be a copyright owner or an exclusive 
licensee threatens any other person with legal proceedi ngs in respect of an alleged infringement of his 
copyright, the person threatened may: 
(a) bring an action against the claimant and obt ain an injunction against the continuance 
of the threat; 
(b) recover damages for any injury which he has sustained where the alleged 
infringement to which the threat related was not in fact an infringement of any 
copyright of the claimant. 
 
(2) Subsection (1) shall not apply where the cl aimant commences and prosecutes an action with 
due diligence for infringem ent of his copyright. 
 IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 38 
 
 
  Offences (Section 44)
 
(1) Any person who - 
(a) without the express authorisation of the copy right owner: 
(i) publishes, distributes or reproduces a work; 
(ii) performs a work for the public; 
(iii) communicates a work to the public; 
(iv) broadcasts a work; 
(v) makes a derivative work; 
(vi) imports otherwise than exclusively for hi s own private and personal use, sells, 
exposes or offers for sale or hire, or has in his possession in the course of trade, 
any copy of a work which constitutes an infringement of the copyright of its owner, or would constitute such an infri ngement if the copy of the work were 
made in Mauritius; 
(b) manufactures or imports for sale or rental any device or means which is: 
(i) specifically designed or adapted to circumvent any device or means intended to 
prevent or restrict reproduction of a work or to impair the quality of any copy made thereof;  or 
(ii) susceptible to enable or assist the r eception of an encrypted programme, which 
is broadcast or otherwise communicated to the public, by a person who is not entitled to receive the programme; 
(c) has in his possession in the course of trad e any apparatus, article or thing, knowing 
that it is to be used for making infringing copies of a work or for a purpose referred to in paragraph (b); 
(d) in any other manner contravenes th is Act, shall commit an offence. 
 
(2) For the purposes of subsection (1) (a), wher e a work is communicated to the public on the 
premises of an occupier by the ope ration of any apparatus which is pr ovided by or with the consent of 
the occupier of those premises, the occupier sh all be deemed to be the person communicating the 
work to the public, whether he operates the apparatus or not. 
(3) (a) Any person who commits an offence shall: 
 
(i) on a first conviction, be liable to a fine not exceeding MUR 300,000 and to 
imprisonment for a term not exceeding two years. 
(ii) on a second or subsequent offence be liable to a fine not exceeding MUR 
500,000 and to imprisonment for a term not exceeding eight years. 
 
(b) Notwithstanding any other enactment, a Distri ct Magistrate shall have jurisdiction to 
try any person charged with an offence under this Act.  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 39 
 
 
  (4) The Court before which a person is convicted of an offence may, in addition to any other 
penalty imposed: 
(a) order the forfeiture of any apparatus, article or thing which is the subject matter of the 
offence or is used in connection with the commission of the offence; 
(b) order that such apparatus, ar ticle or thing shall be delivered up to any person lawfully 
entitled to it. 
 J. S
PECIAL REQUIREMENTS RELA TED TO BORDER MEASURES  
27.  Please describe in detail the procedures under the laws of Mauritius that provide for 
border enforcement at least for trademark counter feiting and copyright piracy, identifying the 
competent authority and citing to the relevant provisions of law or regulation.  
 The Customs Act provides for the following: 
 
Application for suspension of clearance of goods (Section 66A)
 
 (1) Any owner or authorized user of a collective mark or mark or copyright may apply in writing 
to the Comptroller to suspend the clearance of any goods imported or being exported on the grounds that his collective mark or mark or copyright is being or is likely to be infringed.  
(2) An application made under subsection (1) shall specify a period not exceeding two years 
during which the Comptroller may su spend the clearance of such goods. 
 (3) An application under subsection (1) shall be accompanied by: 
 
(a) any evidence that the appli cant is the owner or the authorized user of the collective 
mark of mark, or the of the copyright; 
 (b) a statement of the grounds for the appli cation, and in particular, the prima facie 
evidence showing that his right has been  or is likely to be infringed; and  
 
(c) particulars relating to the description of the goods, making them readily recognised by 
Customs, and the place where such goods are to be found. 
 (4) The applicant shall furnish adequate security  to protect the Comptroller for any loss and 
damage that may result from the suspension of the clearance of the goods and to cover any reasonable 
expenses likely to be incurred as a result of such suspension. 
 Decision in respect of application (Section 66B)
 
 (1) On receipt of an applicati on under Section 66A the Comptroller shall within seven days of the 
date of receipt of the application: 
 
(a) grant or reject the application;  and  
 (b) notify the applicant in writing of his decision. 
 
(2) The Comptroller shall reject an applicati on where the applicant fails to comply with 
Section 66A (4). IP/Q/MUS/1, IP/Q2/MUS/1,  
IP/Q3/MUS/1, IP/Q4/MUS/1 Page 40 
 
 
  (3) Where the application is granted, the Comptroller shall notify in writing the importer, 
exporter, or his agent of the suspension of the clearance of the goods.  Duration of suspension (Section 66C)
 
 
(1) Where, within a period of not more than 10  working days after the applicant has been served 
notice of the suspension under Section 66B(3), the Co mptroller has nit been informed in writing that 
legal proceedings have been initiated by the appli cant, the goods shall be released, provided that all 
other conditions for importation or exportation have been complied with.  
 
(2) The Comptroller may, in appropriate cases and on the applicant's request, extend the time 
limit referred to in subsection (1) by anothe r period of not more than 10 working days. 
 (3) The Comptroller shall release the goods forthwith  where he is informed by the registered 
owner or authorized user referred to in Section 66A that the collective mark, mark or copyright 
registered in the name of the owner has ceased to be valid provided that all other conditions for 
importation or exportation ha ve been complied with. 
 Inspection and taking of samples (Section 66D)
 
 
 Without prejudice to the protection of confidential information, the Comptroller may 
authorize the owner of a collective mark and mark, of  copyright owner, or impor ter, exporter or agent, 
to:  
(a) inspect the goods of which the clearance has been suspended; 
 
(b) remove samples for examination, testing and analysis. 
 
28.  Please indicate if border enforcement is ava ilable to owners of other forms of intellectual 
property and, if so, please describe the procedur es and remedies available in relation to each 
form of intellectual property, citing the relevant provisions of law. 
  See the Customs Act. 
 
29.  Article 58 of the TRIPS Agreement sp ecifies procedures to be followed where the 
competent authorities can act ex officio .  Please explain whether the competent authorities in 
Mauritius are empowered to act ex officio  and, if so, please identify the intellectual property 
areas subject to ex officio  action. 
 
 Mauritian law provides for criminal penalties, (v ide the Copyright Act), the Patents, Industrial 
 Designs & Trademarks Act 2002, and the Protection Against Unfair Practices (Industrial  Property Rights) Act 2002 
 
 No specific provision in the Copyright Act.  However, under General Police Process, a Police 
Officer may, upon reasonable suspicion that an offe nce is being committed to take such action as is 
appropriate for the detection and prevention of an offence. 
  IP/Q/MUS/1, IP/Q2/MUS/1,  
 IP/Q3/MUS/1, IP/Q4/MUS/1  Page 41 
 
 
  K. C
RIMINAL PROCEDURES  
30.  Please describe in detail how the laws of Mauritius implement Article 61 of the TRIPS 
Agreement that requires Members to have cri minal procedures and penalties, including 
imprisonment and/or monetary fines sufficient to ac t as a deterrent, at least for cases of wilful 
trademark counterfeiting and copyright infringeme nt on a commercial scale.  Please cite to the 
relevant provisions of law and regulation.  
 Mauritian law provides for criminal penalties (vid e the Copyright Act), the Patents, Industrial 
 Designs & Trademarks Act 2002, and the Protection Against Unfair Practices (Industrial 
 Property Rights) Act 2002) 
 
31.  Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture 
and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence.  Please describe the provisions in the laws of 
Mauritius that provide for such remedies, and describe the circumstances in which those 
remedies would be imposed, citing to the relevant provisions of law or regulation. 
 
 See Section 41 of the Copyright Act 1997 and Section 11 of the Protection Against Unfair 
Practices (Intellectual Property Rights) Act 2002.  32.  Article 61 also indicates that Members may provide for criminal procedures and penalties in cases of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws of Mauritius that provi de for such procedures and remedies, citing to 
the relevant provisions of law or regulation.  
 See Section 44 of the Copyright Act 1997. 
L. S
TATISTICAL QUESTIONS  
33.  Please provide statistical information related  to civil copyright, trademark, geographical 
indication, industrial design, patent, integrated circuit layout-design, and trade secret 
enforcement for 2000, including the number of ca ses filed;  injunctions issued;  infringing 
products seized;  infringing equipment seized;  cases resolved (including settlement); and the 
amount of damages awarded. 
 
34.  Please provide statistical information rel ated to criminal enforcement in the area of 
copyright piracy and trademark infringement  for 2000, including the number of raids, 
prosecutions, convictions, and the amount of fin es and/or jail terms (including whether the fines 
were paid and whether the jail term was actu ally served or was suspended) and any other 
information establishing that the criminal system operates effectively to deter copyright piracy 
and trademark counterfeiting.   
 For the year 2000, our Industrial Property Legislations had not yet been enacted.  Our Patents Act of 1875 and our Trademark Act of 1868 did not provide for the stringent measures.  
__________