Intellectual Property Laws at Mozambique
Mozambique has developed a comprehensive legal framework for the protection of Intellectual Property (IP), encompassing copyrights, industrial property, and related rights. Here's an overview of the key aspects:
Legal Framework
1. *Industrial Property Code (Decree No. 47/2015)
Approved on December 31, 2015, and effective from March 31, 2016, this Code govern:
Patents Protection for invention.
Utility Models Rights for new and useful device.
Industrial Designs Aesthetic aspects of product.
Trademarks Distinctive signs for goods/service.
Geographical Indications and Appellations of Origin Signs used on goods that have a specific geographical origin.
Trade Names Names used to identify a business.
Layout Designs of Integrated Circuits Three-dimensional location of electronic component.
Undisclosed Information (Trade Secrets) Confidential business information. The Code also establishes procedures for registration, opposition, and appeals, and recognizes regional registrations through the **Africa Regional Intellectual Property Organization (ARIPO)*.
2. *Copyright and Related Rights (Law No. 9/2022)
Enacted on June 29, 2022, this la:
Automatic Protection Grants protection to works without the need for registration.
Registration While not mandatory, registration with the National Institute of Culture and Creative Industries (INICC) is recommended as it serves as evidence of authorship and creation dat.
Duration Protects the author's rights during their lifetime plus 70 years.
Neighboring Rights Extends protection to performers, producers, and broadcaster.
🛡️ IP Registration and Enforcement
*Industrial Property: Managed by the Industrial Property Institute (IPI) under the Ministry of Industry and Commerce.
*Copyright: Administered by the National Institute of Culture and Creative Industries (INICC) under the Ministry of Culture and Tourism.
*Enforcement: While Mozambique has laws in place, enforcement can be inconsistent. Pirated copies of DVDs and counterfeit goods are commonly sold, and enforcement is often selective.
🌐 *International Treaties and Memberships
Mozambique is a member of several international treaties, including:
*Paris Convention: For the protection of industrial property.
*Berne Convention: For the protection of literary and artistic woks.
**Patent Cooperation Treaty (PCT)*: Facilitates international patent applications.
*Madrid Protocol: Allows for international trademark registration.
*Hague Agreement: Provides for international design registration.
*WIPO Copyright Treaty: Addresses the protection of authors' rights in the digital environment.
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