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Enforcement of IPRs in Mauritania


Enforcement of IPRs
Though the government is in the process of launching reforms related to IP, product certification and accreditation bodies to protect IPR remain fragile, which is the main cause of counterfeiting and piracy in Mauritania.
Counterfeit medical products, including antihistamines, corticosteroids, antibiotics, antimalarial tablets, analgesics, pregnancy tests, and vitamin supplements most often face counterfeiting and piracy in Mauritania.
No; since the regime is moderately new.
They are as follows:
  • The Decree No. 2017‐126 of November 2, 2017, on Repeal of the Decrees on the Implementation of Law No. 2010‐044 of July 22, 2010, on the Public Procurement Code;
  • The Law No. 2000‐05 of January 18, 2000, on the Commercial Code (as amended by Law No. 2015‐32 of September 10, 2015);
  • The Law No. 2010-043 of July 21, 2010, on Higher Education and Scientific Research;
  • The Law No. 2010-044 of July 22, 2010, on the Public Procurement Code;
  • The Ordinance No. 83-162 of July 9, 1983, on the Establishment of the Criminal Code; and
  • The Bangui Agreement.
Trademarks, Undisclosed Information (Trade Secrets), Copyright and Related Rights, and Geographical Indications are the different types of IPRs protected by IPR enforcement in Mauritania.
All the intellectual property rights in Mauritania are protected only in the terms of the Bangui agreement by the way of filing with the OAPI Organisation (Africaine de la PropriétéIntellectuelle) intellectual property office. For seeking an action of infringement, registration of the mark is necessary. However, the action of passing-off may be instituted against the alleged infringer where registration has not been obtained.
Where a foreign country allows reciprocal rights, the IP rights holder may be represented by a foreign lawyer. However, where a criminal suit is instituted, the applicant must provide an address for service at the office of a local lawyer.
It is necessary to prepare all requisite documentation in Arabic/ French since that is the official language of the court. Therefore, a formal translation may be required.
Yes, they are usually subject to a 05-year limitation period.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs -
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
The pre-trial stages can take up to a month or two. However, the timeline of the entire civil litigation depends on the facts and circumstances of each case.
A) Responsible Authority – Criminal Court, High Court
B) Imprisonment Term – Copyright: It may range from 03 months to 02 years; Patents: 06 months to 05 years, Trademarks: up to 02 years
C) Monetary Fine – Copyright: 50,000 to 5,000,000 CFA francs; Patents: 1,000,000 to 3,000,000 CFA francs
No, there are no other remedies available.
The ADR techniques not frequently resorted to, but the law number 2000/06 introduced the Asian Arbitration Code, which applies to all the domestic and international disputes. Institutional and ad hoc arbitration are both virtually non-existent due to the lack of modern rules on the subject matter. However, where both the parties expressed their willingness to resolve their disputes through ADR techniques, they may do so in furtherance of a contract.
Court proceedings
The legal protection of intellectual property rights (IPRs) is still a relatively new concept in Mauritania, and those seeking legal redress for IP infringements will find very little historical record of cases or legal structures in place to support such claims. Therefore, enforcement of IPR may call for certain risks due to ambiguity.