Intellectual Property
Innovation and creativity are at the core of modern business. Protecting these assets is not just about registration, but about ensuring that rights are enforceable and aligned with both local and international standards. Intellectual property law in Mauritius offers a structured framework to safeguard inventions, brands, and creative works, helping businesses and individuals preserve and monetise what they create.
Key Legal Framework in Mauritius:
- • Industrial Property Act 2019 – the most comprehensive legislation on industrial property in Mauritius. It provides protection for:
- o Patents – granting inventors exclusive rights over new and useful inventions.
- o Trademarks – safeguarding distinctive signs, logos, and brand identifiers.
- o Industrial Designs – covering the visual appearance and design of products.
- o Utility Models – protecting minor inventions that do not meet the criteria for full patents.
- o Geographical Indications – protecting products linked to a particular origin or quality.
- o Layout Designs of Integrated Circuits – covering innovative circuit patterns. The Act also created the Industrial Property Tribunal, which hears appeals against decisions of the Industrial Property Office and actions for invalidation of IP rights. Enforcement is supported by the Industrial Property Office, which can investigate infringements and escalate cases to the Director of Public Prosecutions.
- • Copyright Act 2014 – protects literary, artistic, musical, and dramatic works automatically upon creation, without requiring registration. This Act reflects international best practices by granting creators exclusive rights over reproduction, distribution, and adaptation of their works.
International Instruments – Mauritius is integrated into the global IP system through membership in:
- o World Intellectual Property Organization (WIPO) – ensuring alignment with international standards.
- o Paris Convention for the Protection of Industrial Property – providing priority rights for trademarks and patents across member states.
- o Berne Convention for the Protection of Literary and Artistic Works – ensuring automatic copyright protection internationally.
- o TRIPS Agreement (WTO) – setting minimum global standards for IP protection and enforcement.
Key Services:
- • Registration of trademarks, patents, industrial designs, and utility models
- • Advisory on copyright, licensing, and creative rights
- • Drafting and negotiation of IP licensing and commercialisation agreements
- • Enforcement actions, including infringement proceedings and cease-and-desist measures
- • IP portfolio management, brand strategy, and cross-border protection planning