• (230) 4278861, 4260399

Custom Recordal of IPRs in Mauritius


Custom Recordal of IPRs
The Section 66A-E of the Customs Act 1988 forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Mauritius.
Custom Recordal of IPRs is effective both on the import and export of goods.
The Customs, by its strategic geographical position at the borders, has an important role to play in the fight against the entry and exit of counterfeit products.
Any owner or authorized user of a patent, industrial design, collective mark, or copyright may apply in writing to the Director General to suspend the clearance of any goods being imported or exported on the ground that his patent, industrial design, collective mark, or copyright is being or is likely to be infringed.
An application should be accompanied by:
  • Any evidence that the applicant is the owner or the authorized user of the patent, industrial design, collective mark, or the copyright;
  • A statement of the grounds for the application, and in particular, the primer for Sai evidence showing that his rights have been or are likely to be infringed;
  • Particulars relating to the description of goods making them readily recognizable by the customs, and the place where such goods are to be found;
  • Power of attorney duly registered in Mauritius under the registration duty act; and
  • Catalogue/photographs/sample, if any.
It is the duty of the Director General to specify whether the application has been granted or rejected within 07 days. Where the application has been rejected, the reason of rejecting such an application shall be notified to the IP right holder in writing.
The procedure of custom recordal in Mauritius is centralized.
Yes, there is an online procedure as well. The application for action should be made on the IPR form downloadable from the MRA website on the following link:
Necessary additional sheets can be attached together with the required documents for submission, which will form an integral part of the application.
There are no administrative costs to be paid for an application.
The application made shall specify the period not exceeding 02 years during which the Director General may suspend the clearance of goods.
The customs department shall suspend the clearance of imported goods upon finding that the goods are or may be containing infringing material against the laws of intellectual property rights.
The applicant is accountable to bear the liabilities and expenses concerning the suspension of the release of infringing goods.
The confirmation has to be made within 10 working days; however, where the goods relate to refrigerated goods, the confirmation has to be made within 03 days. Failure to do so shall result in the release of the goods forthwith.
The Director General should be informed in writing that the legal proceedings have been initiated by the applicant within a period of 10 working days, which may be further extended by another 10 days on providing a substantial reason of not reverting in the original stipulated time.
The applicant should furnish adequate security to protect the Director General for any loss or damage that may result from the suspension of the clearance of the goods and to cover any reasonable expense that is likely to be incurred as a result of such suspension. The initial security in the form of bank guarantee usually amounts to Rs.20, 000 for each mark/copyright.
The customs authority informs the counterparts, the IP rights holder as well as the alleged infringer that the goods have been detained and the same contain goods, which may be infringing in nature as per the laws of IP. In furtherance of the said proceedings, the customs officials are authorized to inspect the goods and also remove samples for examination, testing, and analysis.
Yes, the customs authority invites the rights holder and importer to join the proceedings. Failure to do so shall result in the release of goods forthwith. This, however, does not rule out the possibility of an out-of-court settlement.
There are no disadvantages of custom procedures in Mauritius.
The court may require the submission of other documents to establish the rights of each party in the given case.
The court may order the destruction of goods as well as a claim for civil damages as the remedies.