Intellectual Property in Mozambique
Smit & Van Wyk deals exclusively with Mozambique Intellectual Property including patents, designs, trademarks, copyright and plant breeders’ rights. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio. We can assist with the protection, prosecution and enforcement thereof. It is our mission to provide unparalleled service to our treasured clients by developing dynamic solutions which are tailored to suit individual Intellectual Property needs. The key to achieving this lies with our vibrant people, who are eager to go beyond the call of duty.
Mozambique Patents have a duration of 20 years from date of filing. Mozambique is a member of PCT and the Paris Convention. Mozambique Patents may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state.
Mozambique is a signatory of the Patent Cooperation Treaty (PCT). The Patent Cooperation Treaty ensures that by filing one international patent application, that applicants can simultaneously seek protection for an invention in other PCT member countries. A PCT National Phase entry provides a unified procedure for filing patent applications to protect intellectual property in each of its contracting states.
Mozambique Trademarks may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state. The relevant protocol on trademarks for ARIPO is the Banjul Protocol, which authorises ARIPO to register trade marks on behalf of Banjul Protocol Contracting States.
Generally speaking, a trade mark is a name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation, colour or container for goods or any combination thereof that is used to distinguish goods or services from those of competitors and others in the marketplace.
The most current edition of the Nice Classification of Goods and Services is followed.
Mozambique designs have an initial term of 5 years from date of filing, with possible extensions up to a limit of 25 years. Mozambique is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trademarks and designs.