Understanding Intellectual Property A Practical Guide for ... · A Practical Guide for Businesses & Entrepreneurs ... their know-how, resources and destinies. ... at balancing the

Understanding Intellectual PropertyA Practical Guide forBusinesses & Entrepreneurs

This project is fundedby The European Union

Ministry of Foreign Affairs, Regional Integrationand International Trade - International Trade Division

04 Introduction06 What is IP?10 Why protect your IP assets?12 How can you protect your IP assets?16 Patents22 Industrial designs28 Trade marks32 Copyrights36 Geographical indications 38 Useful contacts & websites

This brochure has been prepared under the Project to update Intellectual Property legislationand build the capacity of officials for the enforcement of Intellectual Property Rights in Mauritius,with the technical assistance of Saana Consulting (UK) – November 2009.

This publication has been produced with the assistance of the European Union. The contentsof this publication are the sole responsibility of Saana Consulting and can in no way be takento reflect the views of the European Union.

The European Union is made up of 27 Member States who have decided to gradually link togethertheir know-how, resources and destinies. Together, during a period of enlargement of 50 years,they have built a zone of stability, democracy and sustainable development whilst maintainingcultural diversity, tolerance and individual freedoms. The European Union is committed to sharingits achievements and its values with countries and peoples beyond its borders.

UnderstandingIntellectual PropertyA Practical Guide forBusinesses & Entrepreneurs

Ministry of Foreign AffairsRegional Integration and International TradeINTERNATIONAL TRADE DIVISION

I am happy to be associated with thelaunching of this brochure which ismeant to sensitize SMEs on thebenefits of protecting IntellectualProperty Rights (IP). One of theimportant tenants of the GovernmentProgramme is to create a nation ofinnovative and creative entrepreneurs.In this regard, tremendous efforts arebeing deployed to give a new boost tothe emergence of a new generation ofsmall and medium sized entrepreneurs.

Mauritian enterprises have the potentialto be at the forefront of productdevelopment and secure a growingmarket share. Continuous humaninnovation and creativity are crucial toachieve this objective. Unfortunatelymost of the SMEs are still not awarehow to protect what they create,although protection of intellectualproperty can play a decisive role insupporting the creative and innovativecapacities of SMEs. A new set ofupdated legislation on IP will be

adopted to give the necessarymomentum to the reform process andto step up the level of competitivenessin the economy.

The brochure is a practical tool aimedat explaining intellectual propertyprotection and the benefits that itconfers. While it is meant for SMEs,it will be equally helpful to studentsas well as to the public at large.

I want to thank TradeCom for thetechnical assistance provided toMauritius in implementing anIntellectual Property Development Planand to Saana Consulting for thisbrochure. With the elaboration of theIntellectual Property Development Plan,we want to ensure that IP plays animportant role not just in the qualitativedevelopment of SMEs but in taking thewhole economy on a higher and moresophisticated growth path.

Foreword

Dr The Hon A. BoolellMinister of Foreign Affairs, Regional Integration and International Trade

Small and medium sized enterprises (SMEs) in all countriesand in all lines of business regularly use and create a greatdeal of Intellectual Property (IP). For this reason, as anentrepreneur, you should carefully consider the stepsrequired for protecting, managing and enforcing IP, so thatyou can gain the best possible commercial advantage.

Almost every SME has a trade name, a logo or one or moretrademarks and should consider protecting them. In Mauritius a largenumber of enterprises may have developed creative original designs.Many enterprises will have produced, or assisted in the publication,dissemination or retailing of a copyrighted work. Some may haveinvented or improved a product or service. Those involved inagriculture may have created new plant varieties.

In all the above cases, the SME should consider how best to use theIP system for its own benefit. Remember that IP may assist in almostevery aspect of your business development and competitive strategy:from product design and development to marketing. It is importantin raising financial resources for exporting or expanding your businessabroad through licensing or franchising.

Understanding Intellectual Property04

The main purpose of this brochure is to provide basicinformation on IP in Mauritius and the opportunitiesit offers to your SME.

The brochure is intended as a practical tool. It does not aimat explaining every technical element of IP but concentrates on:

• explaining IP in general;• providing general information on patents, designs, trade marks,

copyrights and geographical indications;• and highlighting how you can benefit from identifying, protecting

and exploiting your IP assets.

The brochure uses examples of inventions, marks and designsprotected in Mauritius as well as experiences of Mauritianentrepreneurs and researchers to illustrate the potential gainsin protecting – and sometimes the drastic ramifications of notprotecting – your IP.

Understanding Intellectual Property 05

What is IP?

IP refers to products of the human mind, such as inventions, designs,literary and artistic works, and the symbols, names, and images usedin commerce.

Our daily activities and life involve theuse of products of the mind that areprotected or may be protected as IP.This could include the followingexamples:

• daily newspapers that we read; • the music that we listen to at home,

in restaurants, at work or while travelling;

• the ties, shirts and various other fabric designs we wear;

• the food we eat;• the soft and alcoholic drinks we drink;• the cell phone and computer that

we use;• the daily programs that are

broadcasted on the radio and TV; and

• the parts of vehicles and aeroplanes used as means of transport.

As part of your business activities,you create and use IP assets.For example, assets that your companymay have created include:

• technical manuals and other writings,including letters, generated in the process of operation;

• new solutions developed to improve production capacity and enhance product qualities;

• designs created to add value to your produce; and

• advertisements, brands, symbolsor signs used to market your products or company.

However, enterprises may often notrecognize the assets that they create andmay lose them for failing to protect them.

Please take a moment to think what IPassets your company has or could haveand please list them in the boxes on theopposite page.


List your company’s IP assets in the boxes below:

Are any of these assets protected by law? If not, why?


1

2

3

4

5

6

7

8

9

10

In addition to creating IP assets,SMEs are users and consumers of theIP assets of others. Being aware of andknowing how to use different IP tools willallow you to access and lawfully use IPassets of others, for example, througha licensing arrangement when you buynew software for your computer. We willdescribe different kinds of IP tools laterin the brochure.

IP assets are valuable business assetsthat should be protected to realize theobjectives of SMEs. These includemaximizing profit and improving yourcompetitive position.


IP is a valuable asset that shouldbe protected and exploited toimprove your enterprise’scompetitive position and realizeprofit objectives.

Your enterprise maygenerate IP assets.You should alwaysidentify the asset andprotect it.

Why protect your IP assets?

If you fail to protect your assets, then other people includingcompetitors who have not made any investment and incurredany cost will be in a position to use them freely.

As mentioned before, generating IPassets, such as the development ofinventions and the creation of literary andartistic works can be the heart of yourbusiness and involve a lot of time, effortand financial investment. If you fail toprotect your assets, then other peopleincluding competitors who have notmade any investment or incurred anycost will be in a position to use themfreely. Needless to say, this will result inwastage of effort and loss of investment,which in turn may lead your company tolose market share.

By protecting your IP assets you willhave the means and be encouraged tocarry out further innovation and creation.By registering the inventions andcreations in your company, you canspark the interest of potential businesspartners and set the basis for healthyfinancial growth and a reasonable returnon investment.

When you register your IP assets, theywill be protected by the law, which will

confer exclusive rights to you over theproduction, sale and marketing of yourproducts and services. This will improvethe competitive position of your businessin the market and enhance thedistinctiveness and appeal of the productsand services you provide. Moreover,competitors and other persons will berestricted from using your registered IPassets without your authorization.

Unauthorized use by others such ascopying, imitation, manufacturing,exporting and importing your IP assetwill constitute infringement of your IPrights. This will result in civil and criminalliabilities and provide the opportunity foryou to claim compensation.

As an IP rights holder, you will be ableto sell, assign or license your assets.Licensing of IP, for example, will enableyour enterprise to collect royalties andexploit its assets in overseas marketsand in markets you might not otherwisehave entered because of inadequatefinancial capacity.


When you register your IPassets, they will be protectedby the law.This will improve thecompetitive position of yourbusiness in the market.

IP enables enterprises to cross-licensetechnology and creative works or enterinto joint venture arrangements withothers. Such arrangements facilitateaccess to IP owned by others, creatingpotential synergies and helping tomaximize benefits of existing assets.

Almost every country in the world has anestablished IP system, which consists ofIP laws and institutions that govern,administer and enforce IP rights. Thereare sound economic and social reasonsbehind such measures.

The protection and promotion of IP willenhance technological progress andsocio economic development ofMauritius by improving the quality of lifeand increasing the living standard of thepopulation.

IP protection helps to make accessiblethe fruits of creativity while facilitating thegeneration of further assets. IP laws aimat balancing the interest of the inventorsand creators on the one hand and the

public interest on the other. The lawsconfer exclusive rights upon the owner ofthe IP rights and impose obligations andrestrictions to make the IP assetsaccessible to the public. An illustration ofthis is the patent law. The law confers amonopoly right over an invention for upto 20 years and in return requires theapplicant to make available detailedinformation of the invention in a clear andsufficient manner. The disclosurerequirement is intended to facilitate theuse of the invention for research anddevelopment by others that may resultin new and improved inventions.

Having an effective IP system also helpsto promote fair trade and competition inthe market, that will help to meet theneeds and protect the interests ofconsumers.


How can you protect your IP assets?

IP is only as much of an asset as you make of it. A business must beaware of what assets it owns and how they should be best protected– and eventually put to use.

SMEs in Mauritius may individuallyprotect their:

• inventions using patents; • designs using industrial designs; • signs and symbols using trade

marks; • literary, artistic, musical and scientific

works, technical documentation, website designs, computer programs, films and music recordings using copyright; and

• new plant varieties using plant breeders rights or patents.

SMEs may also collectively protect theirproducts using geographical indications.

Each of these tools and the requirementsunder the relevant laws of Mauritius, aswell as the possible routes for protectingthe assets outside of Mauritius, areexplained in this brochure.

In some cases there are measures toprotect your assets for an unlimitedperiod without the need for IP laws. Thisis the case of trade secrets, which refer

to information that has commercial valueto you, that is not generally known andthat an outsider cannot figure out. Thiscould include your product formulas,sales methods, customer lists or profiles,business or advertising strategies, plansfor technical enhancements to products,etc. A final decision of what informationconstitutes a trade secret has to bemade on a case-by-case basis,depending on the circumstances andtype of information. As an SME, you canprotect your trade secrets by makingsure that only a limited number of peopleknow the secret and that all those whodo are well aware that it is confidentialinformation. You can includeconfidentiality agreements withinemployees' contracts and signconfidentiality agreements with businesspartners whenever you have to discloseconfidential information.


An infringement of your secret in thiscase can be made through industrialor commercial espionage, breach ofcontract or breach of confidence. In viewof such risks, you will have to make anassessment to see whether the subjectof your trade secret can be protectedunder a particular IP legislation.You should therefore consider whetherit would not be better to have yourinvention protected for several yearsunder the appropriate legislation,for example, patent and in so doing,disclose the relevant information.

On page 7 we asked you to write downthe potential IP assets your companymay have. Now please take a momentto think about how you would protectthese assets and fill in the answeroverleaf in each box for the respectiveIP asset.


You may sell, licenseor exploit your IP asyou would do withtangible, movable andimmovable propertiessuch as vehicles andbuildings.

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Describe how you would protect your company’s IP assets whichyou listed on page 7:

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Patents

A patent is a title granted to protect an invention by the IP officefor an invention in any field of technology.

The invention may be a process, such ascreating a new way to make rum out ofsugar, or a product, such as creating anew machine to harvest sugar canes.

An invention can be patented it if fulfilscertain conditions, namely if it is new,involves an inventive step and is usefulin industry. The invention should not fallunder the category of the excludedsubject matter.

To receive a patent grant, you must filea grant for a patent with the IP office.

Please note that in Mauritius, thefollowing cannot be patented:

• discoveries, scientific theoriesand mathematical methods;

• schemes, rules or methods for doing business, performing purely mental acts or playing games;

• methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practised on the humanor animal body;

• animals;• essentially biological processes

for the production of plants and animals; and

• copyrightable works, which are left to the Copyright Law.

After examining the application andassuring the invention is in line with theabove requirements, the office will issueyou with a patent.

REMEMBER... It is very importantfor you to note that disclosing yourinventions, in whatever form, beforemaking applications can destroy thenovelty of the invention. You shouldtherefore make sure that youremployees keep the invention secretuntil registration is obtained.


The grant of a patent confersyou with an exclusive right.No person can use, make,import, offer for sale, sell andstock the product withoutyour consent.

The patent is valid for a period of 20years beginning from the date of filing ofthe patent application. The owner of thepatent has a duty to pay an annual feeto maintain the patent. Failure to pay theprescribed fee within the prescribedperiod of time will be deemed aswithdrawal of the patent. It is to be notedthat once a patent has expired, theinvention described by the patent fallsinto the public domain: it can be usedby anyone without permission from theowner of the expired patent.

REMEMBER... Small and MediumEnterprises should thus note thisrequirement and keep their patentsvalid while profitable until the periodof expiry.

The grant of a patent confers you withan exclusive right. No person can use,make, import, offer for sale, sell or stockthe product for the purpose of offeringfor sale, selling or use or do any of theacts in respect of a patented processwithout your consent. Unauthorizedexploitation constitutes infringement ofa patent right. You may seek civil,administrative and/or criminal remediesprovided in the patent law of Mauritius.

If you think that someone has infringedyour patent rights, please contact an IPlawyer or the IP office for advice on howto proceed.

Be aware that a patent granted inMauritius will protect your rights onlyin Mauritius. If you wish to securepatent protection elsewhere, then youhave to apply for patent protection eitherin foreign patent offices or in a regionalpatent organization which will providepatent protection in all its membercountries.


In Africa, it is possible to file a singleapplication with the African RegionalIntellectual Property Organizationand with Organisation Africaine dela Propriété Intellectuelle. In Europe,an application may be filed with theEuropean Patent Office.

• African Regional Intellectual Property Organization (ARIPO), Harare, Zimbabwe offers protection in: Botswana, Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe

• Organisation Africaine de la Propriété Intellectuelle (OAPI), Yaoundé, Cameroon, offers protection in: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Republic of Congo, Cote d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Mali, Mauritania, Niger, Senegal, Togo

• European Patent Office (EPO), Munich, Germany, offers protection in: Austria, Belgium, Bulgaria, Croatia,Czech Republic, Cyprus, Denmark, Estonia, Finland, Former Yugoslav Republic of Macedonia, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovenia, Slovakia, Spain, Sweden, Switzerland, Turkey and United Kingdom.

Mauritius intends to join the PatentCooperation Treaty (PCT), which isadministered by the World IntellectualProperty Organization (WIPO) and has142 member countries. When thecountry joins the PCT, a singleapplication designating the countrieswhere you wish to seek protection canbe made with the IP office of Mauritius.This will help you save costs and reduceadministrative burdens.


Six important issues to note whenregistering your Patent in Mauritius:

1. Fill in the form available on the website of the IPO at foreign.gov.mu

2. The application should be filled in triplicate and: (a) contain a description of the invention;(b) state the claims; (c) include any drawings relevant for the application;(d) contain an abstract of the invention.

3. In the case of a declaration claiming priority, indicate:(a) date of filing of earlier application;(b) reference number of earlier application;(c) symbol of the International Patent Classification allocated to the earlier application; (d) country in which earlier application was filed;(e) if the earlier application is a regional or an international one,

indicate the IP office with which it was filed and submit a certified copy of the earlier application within a period of 3 months of date of application.

4. The prescribed fees when making the application is Rs. 3,000

5. The applicant should be represented by a legal practitioner residing and practicing in Mauritius or an approved agent if the applicant’s ordinary residence or principal place of business is outside Mauritius

6. A Power of Attorney appointing an approved agent or legal practitioner should be registered with the Registrar General and filed together with the application or within two months from its filing date


Cost of filing and maintaining applicationfor a patent:

• Application for grant of a patentRs. 3,000

• Withdrawal of applicationRs. 0

• Amendment of application Rs. 0

• Correction of errors Rs. 0

• Making copies of patent Rs. 100 per page

• Request for change in patent Rs. 2,000

• Request for issuance ofnon-voluntary licenceRs. 25,000

• Annual maintenance fee:1st and 2nd anniversary Rs. 0

• Annual maintenance fee:3rd to 4th anniversaryRs. 1,000 per anniversary

• Annual maintenance fee:5th to 9th anniversaryRs. 5,000 per anniversary

• Annual maintenance fee10th to 14th anniversaryRs. 15,000 per anniversary

• Annual maintenance fee15th to 19th anniversaryRs. 25,000 per anniversary


The validity of protection ofIP such as patents, industrialdesigns and trade marks dependon the payment of a renewal fee.Keep records on your IP.

The Mauritius Sugar IndustryResearch Institute carries outhigh quality research and

development on sugar cane and othercrops to meet the agricultural, commercialand societal needs of Mauritius.

The results of our research that can besubject to intellectual property rights arenew crop varieties, new processes, newequipment, new techniques and newanalytical methods.

Breeding of new sugar cane varietiesis important as it aims at increasingproductivity through, for exampleadaptation to the different agro-climaticconditions, increase in sugar content,better ratooning ability, pests anddisease resistance, for the benefit ofsugar cane planters and the industryat large.

Getting royalties is important in thecontext of diversifying our sources offinancing. Our main source of financetoday is a cess on sugar production, butthis income may decrease in the nearfuture in the context of the restructuringof the sugar cane industry to maintaincompetitiveness and sustainability.

Getting royalties from our new varietiesis one of the avenues that can helpsustain MSIRI’s mission to promote,by research and innovation, the technicalprogress of the sugar cane industry inMauritius, for the benefit of the Mauritianfarming community.

Developments from research that areinnovative can also be subjected topatenting or other IPR protection.For example, in the past, the MSIRIhad developed a technique for foliardiagnosis of sugar cane, which wasnot patented, but which is now usedworldwide in sugarcane producingcountries.”

Note: the Government is currentlydrafting a bill that will include PlantsBreeder’s Rights legislation, which willhelp MSIRI and other researchers toprotect their findings and use them fortheir financial benefit. For moreinformation on the revision of thelegislation, please contact theInternational Trade Division of the Ministryof Foreign Affairs, Regional Integrationand International Trade.

IP CASE STUDYDr Kishore RamdoyalMauritius Sugar IndustryResearch Institute

““

Industrial designs

An industrial design is the ornamental or aesthetic aspectof a product of industry or handicraft.

The design may consist of anycomposition of lines or colours or three-dimensional features such as the shapeor surface of a product. An example ofindustrial design consisting of patterns orcolours is a textile product such as a pairof trousers or a t-shirt. An example of athree-dimensional industrial design is theshape of a Coca-Cola bottle. If yourcompany has developed industrialdesigns, you may apply for protection ofthese industrial designs at the IP office.

A design may not be registered if it is afunctional design, i.e. the design servessolely to obtain a technical result andleaves no freedom as regards arbitraryfeatures of appearance. An example isthe design of nuts and bolts. Functionaldesigns, however, can be protected bya patent.

REMEMBER... Protection of industrialdesigns can only be secured if thedesign is new. Do not forget to keepyour design confidential before filingan application.

Eight things to note when registeringa design in Mauritius:

An industrial design that fulfils therequirement of the law will be registered.Eight points to note when registeringyour Industrial Design in Mauritius:


2. Application should be filled in triplicate and signed by the applicant or, in case of a joint application,by all applicants

3. Application should contain 4 copies of drawings, photographs or graphic representations of each of the different sides of the design. Representations, drawings or tracings should not exceed 10 cms by 20 cms and should be affixed on 4 sheets of cardboard of A4 size andbe in black ink


4. In the case of a declaration claiming priority, indicate:(a) Date of filing of earlier application(b) Reference number of earlier application(c) Country in which earlier application was filed(d) If the earlier application is a regional or an international one, indicate the office with which it was filed and submit a certified copy of the earlier application within a period of 3 months of date of application

5. List the type of products for which the registration of the industrial design is being sought as per the Locarno Classification (available on foreign.gov.mu)

6. The prescribed fees when making the application is Rs. 2,000


8. A Power of Attorney appointing an approved agent or legal practitioner should be registered with the Registrar General and filed together with the application or within two months from its filing date

Cost of application and renewal ofindustrial designs:

• Application for registration Rs. 2,000• Withdrawal of application Rs. 0• Registration of industrial designs

Rs. 4,000• First renewal fee Rs. 4,000• Second renewal fee Rs. 5,000• Surcharge Rs. 1,500


What rights does design registrationoffer you? The registration confers anexclusive right to the owner and thirdparties may not exploit or use the designwithout the authorization of the owner.The design of works made byemployees or persons commissionedby a SME belongs, in principle, to theenterprise.

Unauthorised use or exploitation ofregistered designs will constituteinfringement and result in civil andcriminal liability. The protection of designsis valid for a period of five yearsbeginning from the filing date of theapplication. To keep your registereddesign in force, you must renew it onthe 5th and 10th anniversaries of theregistration date, otherwise your designwill expire.

If you wish to get protection in othercountries, you should use the routesmentioned before regarding patents.The only exception is the Europeanapplication, which needs to be filed

with the Office for Harmonization in theInternal Market (OHIM), which is locatedin Alicante, Spain. A registration by OHIMwill result in the protection of theindustrial design in all EU member states.

The decision to buy a product is madenot only on the basis of functionality,utility and purpose but also appearance.Consumers often take the visual appealof a product into account when makingthe decision to buy.

If your company operates in the fabricdesign or handicrafts industries andproduces a unique product, youespecially should take steps to protectyour IP asset. This makes infringing yourgoods illegal, conferring you theexclusive rights to the goods.


Industrial designs andinventions should not bedisclosed before applyingfor protection. Keep theassets confidential beforemaking an application.

I started my clothing companyand launched my firstcollection in 1994.

I registered the “IV Pl@Y” logo underthe TradeMark legislation in Mauritius.I had not registered my designs (prints,cuts, etc) at first. However, I faced twomajor infringements of my intellectualproperty rights.

A French company started copyingmy designs, using the same brandingapproach as me for its clothing.I became aware of this infringementjust after the sales season, when mostof the production had already been sold.We sued the company and the courtcase is still pending. This action wastaken by the French court as my brandname is also registered in France.

The second intellectual propertyinfringement which I had to faceconcerned the IV PL@Y logo.Although I had registered it in Mauritiusas a trademark, there was no automaticprotection in other countries. I sawcheap, low quality clothes, designeddifferently from mine, imported fromThailand, bearing the IV PL@Y logo,being sold in Mauritius.

I wish that Mauritian designers wouldbe provided with the right framework,including a traceability system that willallow us to register our designs, witha date of registration, and which willprovide us with documentary proofsof our ownership on our designs.”

Note: the new IP legislation will providethe Government with an improvedframework, which will enable it to linkMauritius more effectively into the globalIP system. This will help entrepreneurslike Mario to register and protect theirproducts more easily and effectivelyabroad. For the latest updates on thelegislative process, please contact theInternational Trade Division of the Ministryof Foreign Affairs, Regional Integrationand International Trade.

IP CASE STUDYMario GuillotIV PL@Y Clothing Company

“

Enforcement of yourrights is your responsibility.You should keep aneye on infringementactivities and takeenforcement action.

Trade marks

A trade mark is any sign, which is capable of distinguishingthe goods or services of an SME from similar goods or servicesof other enterprises.

A sign may include letters, numbers,words, logos, symbols or a combinationof these.

You can apply for trade mark protectionin Mauritius by filing a grant applicationwith the IP Office. A trade mark can beregistered and protected when it isdistinctive and not misleading about thegoods and is not similar to marks whichhave already been registered.

The Mauritian trade mark law furtherprovides that a mark which containsa representation or resembling therepresentations of the flag or the arms orSeal of Mauritius, the word Mauritius orStandard or any word or representationlikely to lead people to believe that theperson claiming to be the proprietor ofthe mark has or recently hadauthorisation of the Government shall notbe registered unless authorized by theMinister of Foreign Affairs, RegionalIntegration and International Trade.

A trade mark is a useful business andmarketing tool for your company. It willhelp you establish yourself from yourcompetitors, attract goodwill, a goodreputation and build consumer loyalty.

Registering your trade marks will enableyou to prevent the registration ofconfusingly similar marks by others andto fight against counterfeit products.As the rights holder, you can take civiland criminal action against the infringerand seek redress.

You may seek and secure trade markprotection outside of the country.An application for trade mark protectioncan be made in individual foreigncountries, which you consider being amajor or potential export destination orwhere you have competitors who maytry to unfairly benefit from your goodwilland reputation.


It is also possible to file a singleapplication with regional organizationsand secure protection in:

• 16 African countries that are partyto the Bangui agreement, which is administered by OAPI;

• 8 countries, namely; Zimbabwe, Botswana, Lesotho, Malawi, Namibia, Swaziland, Tanzania and Uganda, which are party to the Banjul Protocol, which is administered by ARIPO; and

• 27 member states of the European union that are party to the laws that establish community trade mark in Europe, which are administered by the OHIM.

Mauritius is not yet a member of theMadrid Agreement and Madrid Protocolconcerning international registration ofMarks which are administered by WIPO.When the country accedes to thesetreaties, then you will be in a position tofile a single international application andsecure trade mark registration that will be

valid in countries that are party tothe Madrid system.

Information on the regional andinternational agreements as well as theimplementing organizations is availableon-line at the websites of ARIPO, OAPI,OHIM and WIPO. The addresses areprovided in the Annex.


A trade mark is a useful business andmarketing tool for your company. It willhelp you establish yourself from yourcompetitors, attract goodwill, a goodreputation and build consumer loyalty.


Ten important points to remember whenregistering your Trade mark in Mauritius:

1. Prior to making an application, makea search to ensure that the proposedmark does not already exist or is pending application


3. Include a clear reproduction of the mark in the form and submit the formto IPO in triplicate together with 3 additional reproductions of the mark

4. In the case of a declaration claiming priority, indicate:(a) date and number of earlier application(b) state in which earlier application was filed(c) if the earlier application is a regional or an international one, indicate the office with which it was filed and the State(s) for which it was filed and submit a certified copy of the earlier application within a period of 3 months of date of application

5. List the goods and services for whichthe registration of the mark is being sought under the applicable class(es), using the NICE Classification for the International Registration of Goods and Services available at foreign.gov.mu and on the WIPO website (www.wipo.int)

6. An application consisting of a foreign word should be accompanied by a transliteration and/or translation of such word, stating the language to which it belongs

7. The prescribed fees when making the application is Rs. 2,000 for any two classes, and Rs. 1,000 for each additional class


Violation of another person’s IP will resultin civil and criminal liability. Try to obtainauthorization to use another person’s IP.This could be made, for example,by entering a license agreement orcross licensing your IP.

9. A Power of Attorney appointing an approved agent or legal practitioner shall be registered with the Registrar General and filed together with the application or within two months from its filing date

10. The signature of the applicant and the date of application should be inserted in the appropriate space in the form

Cost of application and renewal of marks:

• Application for registration – any two classes Rs. 2,000– each additional class Rs. 1,000

• Withdrawal of application Rs. 0

• Renewal fee for registration of marks – any class Rs. 2,000– each additional class Rs. 1,000

• Surcharge for late payment of renewal fee Rs. 700

• Consultation of registers Rs. 200• Making copies of documents

Rs. 100/page


Copyrights

Copyright is a right over creative works such as literary works,musical works, cinematographic works, computer programs,and artistic works.

Copyright laws make a distinctionbetween ideas and expression of ideas.The right does not extend to the idea butthe expression of an idea. As the nameindicates, the right is meant to preventreproduction of a work and not to stopanother work from being based on asimilar idea. An example is a romanticnovel. There are a number of literary,musical and cinematographic worksdealing with an idea or theme involvingromance. The way the idea is expressedhowever greatly varies and can beprotected. The Copyright Law providesthat copyright shall not extend to:

• any idea, procedure, system, methodof operation, concept, principle, discovery or mere data, even if it isor they are expressed, described, explained, illustrated or embodied in a work;

• an official text of a legislative, administrative or legal nature or an official translation thereof.

You are not required to apply or registera copyrightable work to secure copyrightprotection. The right automaticallysubsists the moment it is fixed, namelywritten down or recorded in any media.

Copyright consists of a bundle ofeconomic and moral rights. In terms ofeconomic rights, the copyright ownerin Mauritius has the exclusive right of:

• reproduction of the work; • distribution to the public of the

original and each copy of the work by sale, rental or otherwise;

• public performance of the work; • communication of the work to

the public; • broadcasting the work; • importation of copies of the work,

even where the imported copies were made with the authorisationof the author or other owner of the copyright;

• translation of the work; or • adaptation, arrangement or other

transformation of the work.


The law also recognizes resale right of theauthor in respect to an original work offine art. The right holder will be entitled toa share of the resale price of the fine art.

The economic rights of a copyrightowner will last for the life of the authorand 50 years after his death. This periodmay be longer when the right is held byjoint authors. The 50 years period will runafter the death of the last author.

The author of copyrightable works hasmoral rights. These rights include theright to claim authorship and object toany distortion, mutilation or otheralteration of his work.

Although legislation provides that theauthor of the work shall own theeconomic and moral rights, there ishowever an exception to this generalrule. When a work is made in the courseof the author’s employment or where thework is commissioned by anotherperson, the economic right will belongto the employer or the person who

commissioned the work. This can onlybe changed when the parties agreedthat the right will belong to the author.

As an SME, you should recognize thatyou are the owner of the economic rightover the work made by your employeeor a person commissioned to do thework in the absence of an agreementstating otherwise.

Broadcasting organizations andperformers have rights over theirbroadcasted work or performance.This right is referred to in somejurisdictions as related or neighbouringrights. The Copyright Act of Mauritiusrecognizes both rights. The right over abroadcasted work will be protected untilthe expiry of 20 years from the end ofthe year in which the broadcast tookplace. The right of performers will bevalid for fifty years beginning from theend of the year in which the firstperformance took place.


The author of copyrightable workshas moral rights. These rightsinclude the right to claim authorshipand object to any distortion, mutilationor other alteration of his work.


You should keepinformed of the changesin the IP laws and followup new developmentsthat may affect theprotection and exploitationof your IP assets.

The copyrightable works of MauritianSMEs are automatically protected inMauritius the moment the work is fixed.Such a work is automatically protected inother countries. Mauritius is a member ofthe Berne Convention for the Protectionof Literary and Artistic Works, which has164 member countries. The conventionrequires that a work protected in amember country is automaticallyprotected in all member states.

There are cases where there can becontractual arrangements between theemployer and the employee, where theemployee gets a share of the benefits ofthe copyrights.

REMEMBER... the following importantpoints about copyright:• there is no formal requirement

for copyright protection• copyright over works made by

employees or persons commissioned by a SME belongs, in principle, to the enterprise, and

• the enterprise’s copyright is protected in 164 countries includingMauritius.

You should seek advice and supportfrom relevant professionals and theIP office or MCCI on issues relatedto your inventions, designs, trademarks or copyrights.


Geographical indications

Geographical Indications refer to goods originating or manufactured ina particular place, where the quality, reputation and other characteristicsof the goods is essentially attributable to the place of origin.

These places of origin can be a town,a region or a country. Protectableproducts include agricultural goods suchas fruits, vegetables, meat, poultry andfish, processed foods such as cheese,bakery products, charcuterie, andmanufactured or craft products suchas textile, carpets. Some well-knownexamples are Guinean pineapples,Bordeaux wines (France), Habanostobacco (Cuba), Argan oil (Morocco),Kilim carpets (Turkey), and Thai silk.

The name conveys an assurance ofquality and distinctiveness specified by itsmode of production or from a nutritional,visual or symbolic point of view.

Unlike other Intellectual Property Rightsthat we have seen before and that rely oninnovations, GIs are based on knowledge,skills and know-how acquired in aparticular place. GIs also differ from theother IP in that they do not conferindividual rights, but provide collectiverights to all producers in the given regionwho respect a code of practice.

GIs provide a marketing tool that willallow Mauritian producers to marketdifferentiated products with specificcharacteristics while obtaining protectionagainst usurpation of names. GIs mayalso have spill-over effects on theeconomy as they prevent delocalizationof production, increase employment, andencourage tourism as they bring value tothe place of origin. Thus, GIs can helpMauritian producers obtain a premiumprice for their products and help increaseproduction while making us proud of ourunique products.

Some products that have been identifiedas being potential GIs in Mauritiusinclude special sugars, salt, tea, rhum,anthurium flowers, onions, dholl puris,venison (deer), ship models fromMauritius and red beans, honey, limes,chilli, chilli paste, salted fish and driedoctopus from Rodrigues. For furtherinformation about GIs, please contactthe IP office.



Unlike other IntellectualProperty Rights that relyon innovations, GIs arebased on knowledge,skills and know-howacquired in a particularplace.

Useful contacts

You can find more information from the relevant authoritiesand institutions listed below

International Trade Division Ministry of Foreign Affairs,Regional Integration & International Trade 3rd Floor Fooks House,Corderie street, Port-Louis Tel: (230) 208 16 58 / (230) 213 82 38Fax: (230) 212 63 68E-mail: [email protected]

The Industrial Property Office7th Floor, Moorgate House, Sir William Newton Street, Port Louis Tel: (230) 208 57 14 Fax: (230) 210 97 02 E-mail: [email protected]

Customs Department Mauritius Revenue Authority2nd Floor, IKS Building, Port-Louis Tel: (230) 206 34 00 / (230) 206 34 01Fax: (230) 240 10 32 E-mail: [email protected]

The Anti-Piracy Unit, ADSUMauritius Police ForceLine Barracks, Port-LouisTel: (230) 211 9393Fax: (230) 211 0728E-mail: [email protected]


Culture DivisionThe Ministry of Education,Culture and Human Resources7th Floor, Renganaden Seeneevassen Building,Port-Louis Tel: (230) 212 21 12Fax: (230) 211 0681 E-mail: [email protected]

Mauritius Society of Authors (MASA)MASA House, Douglas Sholto Street, Beau BassinTel: (230) 467 22 19 / (230) 454 79 31Fax: (230) 454 05 78E-mail: [email protected]@intnet.mu

Ministry of Industry, Science and Research7th Floor, Paille en Queue Court,Port-Louis Tel: (230) 210 71 00Fax: (230) 211 08 55 E-mail: [email protected]

Mauritius Research Council Level 6 Ebene Heights, 34,Cybercity, Ebene Tel: (230) 465 12 35Fax: (230) 465 12 39E-mail: [email protected]

The Mauritius Chamber of Commerce and Industry3, Royal Street, Port-Louis Tel: (230) 208 33 01 Fax: (230) 208 00 76E-mail: [email protected]

Ministry of Health and Quality of Life 5th Floor, Emmanuel Anquetil Building,Port-Louis Tel: (230) 201 21 75Fax: (230) 208 72 22E-mail: [email protected]


Ministry of Agro Industry,Food Production and Security9th Floor, Renganaden Seeneevassen Building,Port-LouisTel: (230) 212 08 54 / (230) 212 29 40 Fax: (230) 212 44 27E-mail: [email protected]

Mauritius Chamber of AgriculturePlantation House, Duke of Edinburg Street,Port-Louis Tel: (230) 208 08 12Fax: (230) 208 12 69E-mail: [email protected]

Association Professionnelle desProducteurs Exportateurs de ProduitsHorticoles de Maurice (Apexhom)Mahatma Gandhi Avenue, MokaTel: (230) 433 49 06Fax: (230 433 48 62E-mail: [email protected]

Ministry of Information andCommunication Technology9th Floor, Air Mauritius Building, Port-LouisTel: (230) 210 02 01 / (230) 210 32 05 / (230) 210 35 54Fax: (230) 208 14 09 / (230) 212 16 73 E-mail: [email protected]

Information and CommunicationTechnologies Authority (ICTA) 12th Floor, The Celicourt,6 Sir Celicourt Antelme Street, Port-Louis Tel: (230) 211 58 83Fax: (230) 211 94 44

Useful websites

The following websites will provide you with more in-depthinformation on how to Intellectual Property can help your business

IP Office, Ministry of Foreign Affairs,Regional Integration and International Tradeforeign.gov.mu

Mauritius Society of Authors (MASA) www.masa.mu

Customs Departmentmra.gov.mu

World Intellectual Property Organization,Small and Medium Enterprises Divisionwww.wipo.int/sme

African Regional Industrial Property Organization(ARIPO)www.aripo.org

Organisation Africaine de la Propriété Intellectuelle(OAPI)www.oapi.wipo.int

The European Patent Officewww.epo.org

European Union Office for the Harmonizationin the Internal Market (OHIM)www.oami.europa.eu

UK IP Officewww.ipo.gov.uk

For the list of national IP offices of other countries,you may access the world IP websitewww.wipo.int/news/en/links/ipo_web.htm

World Trade Organizationwww.wto.org

IPRsonline portal on Intellectual Property Rightsand Sustainable Developmentwww.iprsonline.org

International Association for the Protectionof Intellectual Propertywww.aippi.org

International Union for the Protection of NewVarieties of Plants (UPOV)www.upov.int

International Network of Geographical Indicationswww.origin-gi.com

Association Littéraire et Artistique Internationalewww.alai.org

The International Anticounterfeiting Coalitionwww.iacc.org

International Trademark Associationwww.inta.org

Association of European Trade Mark Ownerswww.marques.org


saana consultingPRODUCED BY

www.saana.com

The Chocolate Factory5 Clarendon RoadLondon N22 6XJ UKTel: (+44) 208 881 6500E-mail: [email protected]

Funded by:The European Union

Production:Michael BlakeneyGetachew MengistieRaifä BundhunPetteri LammiTom PengellyLaura RovamaaAnna Tracy

Contributors:Industrial Property Office, Mauritius

Design: www.robbowden.com

Photography: René Soobaroyen

Understanding Intellectual PropertyA Practical Guide for Businesses & Entrepreneurs

Small and medium sized enterprises in all countries andin all lines of business regularly use and create a greatdeal of Intellectual Property.

For this reason, as an entrepreneur, you should carefullyconsider the steps required for protecting, managingand enforcing Intellectual Property, so that you can gainthe best possible commercial advantage.

This brochure concentrates on:

• explaining Intellectual Property in general;• providing general information on patents, designs,

trade marks, copyrights and geographical indications;• highlighting how you can benefit from identifying,

protecting and exploiting your Intellectual Property assets.

Ministry of Foreign AffairsRegional Integration and International TradeINTERNATIONAL TRADE DIVISION

Documents

Understanding Intellectual Property A Practical Guide for ... · A Practical Guide for Businesses & Entrepreneurs ... their know-how, resources and destinies. ... at balancing the