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

DWF helped client Dairy UK secure a major victory at the UK Supreme Court
Hepworth Browne led Emotional Perception AI to victory at the UK Supreme Court, which rejected a previous appellate decision that said an AI network was not patentable
James Hill, general counsel at Norwich City FC, reveals how he balances fan engagement with brand enforcement, and when he calls on IP firms for advice
In the second of a two-part article, Gabrielle Faure-André and Stéphanie Garçon at Santarelli unpick EPO, UPC and French case law to assess the importance of clinical development timelines in inventive step analyses
Public figures are turning to trademark protection to combat the threat of AI deepfakes and are monetising their brand through licensing deals, a trend that law firms are keen to capitalise on
News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Tom Melsheimer, part of a nine-partner team to join King & Spalding from Winston & Strawn, says the move reflects Texas’s appeal as a venue for high-stakes patent litigation
AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Gift this article