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Enforcement of IPRs in Mauritius

Mauritius

Enforcement of IPRs
Although the IP legislation in Mauritius is consistent with the international norms, the enforcement of these norms and laws are observed to be relatively weak, which is the reason why counterfeit and pirated goods are served in the local markets.
Designer apparel, accessories, and CDs are the goods that most often face counterfeiting and piracy in Mauritius.
Yes
They are as follows:
  • The Patent Industrial Designs and Trademark Act, 2002 (PIDTA)
  • The Layout-Designs (Topographies) of Integrated Circuits Act, 2002 (Layout Designs Act)
  • The Protection Against Unfair Practice Act, 2002 (PAUP)
  • The Copyright Act, 2014 (Copyright Act)
  • The Geographical Indications Act, 2002 (GI Act)
Patents, industrial designs, trademarks, layout designs, copyright, and geographical indications are the different types of IPRs protected by IPR enforcement in Mauritius.
Yes, up to 05 years.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
The court, before which a person is convicted of an offence may, in addition to any other penalty imposed:
(a) Order the forfeiture of any apparatus, article, or thing that is the subject matter of the offence or is used in connection with the commission of the offence; or
(b) Order that such apparatus, article, or thing should be delivered up to any person lawfully entitled to it.
No
Yes
Yes
A) Responsible Authority - The Industrial Property Tribunal
B) Imprisonment Term - Trademarks: up to 05 years; Copyright: 02 years, but on subsequent offence, not exceeding 08 years.
C) Monetary Fine - Trademark: not exceeding 250,000 rupees; Copyright: up to 300,000 Rupees, but upon second conviction, up to 500,000.
The court, before which a person is convicted of an offence may, in addition to any other penalty imposed:
(a) Order the forfeiture of any apparatus, article, or thing that is the subject matter of the offence or is used in connection with the commission of the offence; or
(b) Order such apparatus, article, or thing to be delivered up to any person lawfully entitled to it.
No
Arbitration as an alternative method of dispute resolution has become increasingly popular. The Mauritian legislation caters to both domestic and international arbitration. Domestic arbitration is recognised and regulated by the Code of Civil Procedure (Livre Troisieme, Titre Unique – De l'arbitrage, Article 1003 onwards). Mauritius has recently been promoting itself as a jurisdiction of choice by enacting the International Arbitration Act 2008 (IAA), which is inspired by the UNCITRAL Model Law on International Commercial Arbitration.
Yes
Yes
The remedies available under border control measures (customs) in Mauritius include destruction of infringing goods.
The applicant must bear the costs of customs intervention during enforcement.
The customs may refrain from acting in furtherance of the request made by the IP rights holder if he or she abuses the enforcement measures in Custom Recordal of IPRs.
Court Proceedings
No