Africa: New Industrial Property 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 2026

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

Africa: New Industrial Property Code in Mozambique

ip-code-mozambique-min-final.jpg

The Council of Ministers of Mozambique approved a new Mozambique Industrial Property Code on December 31 2015, which will come into force on March 31 2016, replacing the 2006 Industrial Property Code.

Differences between the 2006 IP Code and the new IP Code relate mainly to revised time periods, re-wording and clarification of certain sections, administrative and format revisions. A limited number of substantive legal changes have been made. Some of these changes are that the deadline within which to submit outstanding documents (such as powers of attorney) or to provide information to the Industrial Property Institute (IPI) upon request, has changed to 30 days – extended from 15 days. Furthermore, the deadline for appealing against the Director General's decision has been brought forward by 30 days.

An interesting development is that the new IP Code now provides for the provisional refusal of a patent, utility model or industrial design application by the Director General. In addition, the new IP Code makes provision for any person who feels that the grant of an industrial design or utility model would be detrimental to him is entitled to oppose the application.

With regard to trade marks, the new IP Code expands the comparison of marks upon examination to "related" or similar goods and services. Opposition deadlines have been brought forward by 30 days. Thus, oppositions must be lodged within 30 days of advertisement and a further extension for another 60 days is provided for.

An important development is that it is no longer essential to show that the declaration of intent to use a mark (DIU) should relate to all goods or services included in the registration. Furthermore, DIUs must now be lodged every five years, calculated from the original application date of the International Registration.

Finally, the IPI Bulletin will now be published monthly, instead of bi-monthly which will provide interested parties with a better opportunity to consider advertised marks for opposition purposes.

van-der-Merwe

Marco van der Merwe


Spoor & Fisher 

Building No. 13 

Highgrove Office Park 

Oak Avenue 

Centurion 

Pretoria, 0157 

Republic of South Africa

info@spoor.com 

www.spoor.com



more from across site and SHARED ros bottom lb

More from across our site

Patrade has turned to experienced IP practitioner and business development leader Anders Isaksson to strengthen its commercial strategy and expand its reach to clients across Scandinavia
Cassie Hill, partner at Mishcon de Reya, discusses rebuilding client relationships after maternity leave and the pressures facing women at a pivotal stage of their career
Matthew Asbell discusses why empathy is important in law, being inspired by diverse workplaces and working on the latest, greatest large language model
The new partners add patent trial depth in high-value technology sectors including semiconductors, software, and cloud computing
From seller vetting and proprietary screening technology to brand collaboration and industry partnerships, Temu explains how its intellectual property enforcement programme combats infringement on its marketplace
A handful of US firms have quietly invested in European patent talent. Recent moves by Baker Botts and K&L Gates suggest that trend may be accelerating
Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Octavio Espejo of Becerril, Coca & Becerril explains how sweeping patent reforms reshape filing strategies, prosecution, and divisional application practice
The UK Supreme Court’s decision in Tesla v Avanci enhances the UK's attractiveness for global FRAND battles, say lawyers at Simmons & Simmons
Gift this article