Short review on Mozambique New IP Code

The Mozambique new Industrial Property Code (hereinafter CPI) approved by the Council of Ministers by the Decree no.47/2015 dated 31 December 2015, is now in force since 1^st April 2016.

As a result of the foregoing as in any review of the law, there were undertaken some changes and added new IP rights, though in use were not properly addressed in the old CPI, therefore there is a need to highlight the ones which some may generate a challenge mainly in Article 1 whereby there is a broader scope of definitions with reference to franchising agreement, technology transfer agreement, the type of marks with the inclusion of non-traditional trademarks  such as the olfactory trademarks (smell), establishment name, patent of invention instead of patent, difference between industrial an intellectual property.

The provision of no.2 of article 8 on registration of IP rights include the registration of franchising agreement, technology transfer agreement, and this time it clearly refers to the registration of transfer; recordals of assignments and the like; recordals of change of name, address and proprietor of a trademark.

The no.3 of article 9 provides a provision on annulment of company names or trade names if the registration/incorporation thereof are subsequent the registration of a similar trademarks, logotypes, geographical indicationsdenomination of origin or an appellation of origin, this matter is probably a clear way to strengthen the collaboration between IPI (Patent and Trademark office) and CREL (Company registration office).

There Article 19 provides a new provision on the an internal administrative appeal  in a term of 30 days to the Ministry that oversees the IPI, mainly for situations whereby the registration of IP rights that have been refused, opposed or complain against the decision of the General Director IPI, apart from this, there is a new term for oppositions for trademarks, from the older 60 days to oppose to 30 days with an extension of 60 days, as a consequence the official gazettes are now to be advertised monthly instead of twice a month.

The no.2 of article 54 on description of the invention for patents, there is the inclusion of traditional knowledge (tk), as part of the adoption of the Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore[1], as well as genetic resources or biological material collected in Mozambique as to be included on the description of an invention when one seeks patent protection, so that knowledge originating therein i.e. in our local or traditional communities is protected and acknowledged by the a national competent authority of the contracting state and ARIPO office. Still it to be clarified as is something new.

Now there are so many questions or challenges to IPI, AOPIs and Mozambique from how olfactory trademarks are going to be registered? Does IPI have officials able to distinguish these as it entails a range of expertise such as in chemistry or physics? Will Applicants and IPI comply with these opposition terms as from experience even with the older 60 days Applicants took long to provide documents and further evidence and IPI also still not comply strictly with the terms to provide response to a number of cases?….

Further matters which will be raised along the application of the CPI will be addressed at the right time.

[1] Adopted in Swakopmund, Namibia in 2010. Mozambique is a contracting state.

Indutrial Property Agent

Eunicio Sitoe