Industrial Designs

– The Industrial Property Act 2019, in force since January 31, 2022.
– The Industrial Property Regulations 2022, in force since January 31, 2022.

Membership in International Conventions

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since March 12, 1968.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since September 24, 1976.
– Convention Establishing the World Intellectual Property Organization (WIPO), since September 21, 1976.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since May 6, 2023.

Note: Mauritius became a member of the African Intellectual Property Organization (ARIPO) on September 25, 2020, when it deposited its instrument of accession to the agreement that established ARIPO, the Lusaka Agreement of December 9, 1976. It has, however, not yet signed the underlying agreements, the Harare Protocol and the Banjul Protocol, which means that its membership at this stage has no practical significance.

Filing and Protection

Definition: any composition of lines or colors or any three-dimensional form, or any material, whether or not associated with lines or colors, provided that it (a) gives a special appearance to a product of industry or handicraft; or (b) can serve as a pattern for a product of industry or handicraft; and (c) appeals to and is judged by the eye.

Not protectable/registrable: anything in an industrial design which serves solely to obtain a technical result and to the extent that it leaves no freedom as regards arbitrary features of appearance; designs contrary to public order or morality.

Novelty: absolute novelty applies. Disclosure to the public of the design shall not be taken into consideration where (a) it occurred within twelve months preceding the filing date or, where applicable, the priority date of the application; and (b) it was by reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title.

Priority: Convention priority is six months.

Territory covered: Republic of Mauritius.

Filing requirements for an application (to be sent to resident agent):
1. Full names and business address and nationality of applicant;
2. Drawings, photographs or other adequate graphic representations;
3. Indication of the article or articles to which the industrial design is to be used;
4. A specimen, embodying the industrial design, where the design is two-dimensional;
5. Power of attorney, simply signed;
6. Priority document in Convention cases.

For a change of name: certificate of change of name, with a verified English translation.
For a change of address: no document is required.

Examination: applications are examined for form and registrability.

Opposition: not provided for.

Delivery of document: the registration certificate is issued in paper format.

Duration – renewal: protection initially for five years from the filing date, renewable for three further terms of five years each up to a maximum of twenty years in total.

Invalidation: any interested person may apply to the Tribunal for the invalidation of a registered industrial design.