Portugal: New IP Code in Mozambique

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Portugal: New IP Code in Mozambique

Among Portuguese-speaking countries in Africa, one of the recent events regarding IP which deserves to be highlighted is the approval, in Mozambique, of the new Industrial Property Code (IPC) by Decree number 47/2015, published in the Boletim da República (Official Gazette) of December 31 2015, which comes into effect 90 days after its publication.

This new Code improves the drafting of some of its articles in an attempt to overcome doubts regarding the interpretation thereof, amends several deadlines aiming at a swift processing of the cases submitted to the Industrial Property Institute (IPI) and provides as well additional instruments for impugnation of a decision issued by the IPI.

The new drafting of number 3 of the IPC's article 162 clarifies that with respect to the deadline for the submissions of the Declaration of Intent to Use (DIU) for international trade mark registrations, the date to take into account will be the filing date of the mentioned application at WIPO's International Bureau.

With regard to patents, the main amendments introduced in the new Code bring the Mozambican legislation closer to the practices required for long in most of the countries/organisations and they do not constitute a novelty for the applicants of patent applications.

The major alteration in this IPC as far as patents are concerned is the substantive examination. Contrary to what happened before, the patent applicant will have to request that examination and pay the respective fees within 36 months after the filing date in Mozambique, while previously it was sufficient to comply with the formal requirements for the application to be published and granted.

Additionally, in the scope of this new IPC it was bestowed to the Inspecção Nacional das Actividades Económicas [National Inspection of Economic Activities] the responsibility to investigate the violations typified in Article 212 of the new IPC.

Lastly, this new Code stipulates that the Official Bulletin will be published monthly and that any gap in this new IPC will be regulated by the civil and criminal rules which do not contradict the industrial property principles.

Therefore, it is with great expectation that we wait to see how this new legislation will be enforced and if the changes introduced in it will result in benefits to all the economic agents.

Goncalves_Marcia
Matosa_Marco

Márcia Gonçalves

Marco Matosa


Raul César Ferreira (Herd) SARua do Patrocínio 941399-019 Lisboa, PortugalTel: +351 213 907 373Fax: +351 213 978 754mail@rcf.ptwww.rcf.pt

more from across site and SHARED ros bottom lb

More from across our site

AJ Park’s owner, IPH, announced earlier this week that Steve Mitchell will take the reins of the New Zealand-based firm in January
Chris Adamson and Milli Bouri of Adamson & Partners join us to discuss IP market trends and what law firm and in-house clients are looking for
Noemi Parrotta, chair of the European subcommittee within INTA's International Amicus Committee, explains why the General Court’s decision in the Iceland case could make it impossible to protect country names as trademarks
Inès Garlantezec, who became principal of the firm’s Luxembourg office earlier this year, discusses what's been keeping her busy, including settling a long-running case
In the sixth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Futures, a network for early-career stage IP professionals
Rachel Cohen has reunited with her former colleagues to strengthen Weil’s IP litigation and strategy work
McKool Smith’s Jennifer Truelove explains how a joint effort between her firm and Irell & Manella secured a win for their client against Samsung
Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
The keenly awaited ruling should act as a ‘call to arms’ for a much-needed evolution of UK copyright law, says Rebecca Newman at Addleshaw Goddard
Gift this article