INTELLECTUAL PROPERTY RIGHTS IN MOZAMBIQUE
First Renewal Term
Subsequent Renewal Term
In Mozambique, all the trademark applications must be filed with its Industrial Property Institute of Mozambique (IPI).
Mozambique is also a member of the Madrid Protocol; thus, the extension of international registration of a trademark via the Madrid System is possible for the country and the applicants.
It has a single-class trademark filing system.
The 11th edition of Nice Classification is accepted by the concerned trademark authority.
The interested third parties may file opposition actions against a trademark application within thirty (30) days following its publication in the Trademarks Journal.
In Mozambique, the registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for periods of ten (10) years.
Mozambique is a member of the Paris Convention, Patent Cooperation Treaty (PCT), and ARIPO.
The Industrial Property Code Decree Nr. 04/2006 of 12th April deals with the mechanism of patent protection.
Process Patent and Product Patent are the two types of patents that can be protected in Mozambique.
In Mozambique, any invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.
The types of patent applications in Mozambique include Non-Convention Application, Convention Application, PCT National Phase Application, and Divisional Application.
Utility Model Protection is not available under the patent law.
The time-period for the PCT National Phase Filing is thirty-one (31) months.
Opposition against a patent application can be raised at the pre-grant stage. At the pre-grant stage, any third party may raise an opposition after the patent gets published, but before it is granted, which is usually within two (02) months of publication.
The patent of invention lasts for twenty (20) years in Mozambique.
The time frame for payment of Annuities before the due date is six (06) months.
Mozambique is a member of the Paris Convention and ARIPO.
The Industrial Property Code Decree Nr. 04/2006 of 12th April deals with the mechanism of registration of industrial designs.
The types of industrial design applications in Mozambique include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in Mozambique.
Opposition against an industrial design application can't be raised in Mozambique.
The total duration of an industrial design registration is twenty-five (25) years from the date of application. The initial term of registration is five (05) years, which is further extendible for four terms of (05) five years each upon payment of the renewal fee.
There is no grace period to renew an industrial design in Mozambique.
Mozambique is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Law No. 4/2001 of 27 February 2001 deals with the mechanism of copyright protection in Mozambique.
In Mozambique, the rights of the author, performer, or producer are acquired by the creation of creative work, contract, or license. The function of copyright registration is to publicize the work and the corresponding protected rights.
The standard copyright protection term lasts for the lifetime of the author plus seventy (70) years following his death. However, the duration of copyright protection varies depending on the type of work.
For collective and audio-visual works, the term of copyright protection lasts for seventy (70) years after the work is lawfully made public or after its completion. For a work of applied art, the copyright protection term lasts for seventy (70) years from its completion.