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Enforcement of IPRs in Mozambique

Mozambique

Enforcement of IPRs
The geographical location is such that it makes Mozambique susceptible to infringing goods. Also, it acts as a cheaper alternative to the original goods.
Pharmaceutical medicines and products most often face counterfeiting and piracy in Mozambique.
Yes
They are as follows:
  • The Law No. 4/2001 of February 27, 2001 (Copyright Law);
  • The Industrial Property Code (approved by Decree No. 47/2015 of December 31, 2015);
  • The Law No. 10/88 of December 22, 1988 (Law on the Protection of Cultural Heritage); and
  • The Law No. 3/93 of June 24, 1993 (Law on Investment).
Patents, Industrial Designs, Trademarks, GIs, Plant Varieties, and Copyright are the different types of IPRs protected by IPR enforcement in Mozambique.
The official language of the court in Mozambique is Portuguese. Therefore, it is necessary to have all the legal documents translated for admission to the court.
Since language may serve as a barrier in seeking dispute resolution, it is preferential for the parties to the suit to hire local counsel.
Yes
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
No
No
Yes
Yes
A) Responsible Authority - Administrative Courts, High Court
B) Imprisonment Term – In any case, it shall not surpass 10 years
C) Monetary Fine - Patents: a fine of one hundred and twelve times the minimum wage, if the offender is an individual, and two hundred and twenty four times the minimum wage, if the offender is a corporate entity; Industrial Designs: a fine of thirty three times the minimum wage, if the offender is an individual, and one hundred and twelve times the minimum wage, if the offender is a corporate entity; Trademarks: a fine of thirty three times the minimum wage, if the offender is an individual, and one hundred and twelve times the minimum wage, if the offender is a corporate entity.
No, there are no other criminal remedies available in Mozambique.
No
Arbitral tribunals are expressly foreseen in the 2004 Constitution of the Republic of Mozambique as being side-by-side with the administrative courts, labour courts, tax courts, customs courts, admiralty courts, and community courts (article 223(2)). However, ADR techniques are not frequently resorted to, but they may be resorted to if both the parties agree to do so.
No
Yes
According to the Mozambican Industrial Property Code, the reproduction, commercialisation, and use of counterfeited brands and imitations are illegal acts, punishable with a fine of 112 minimum wages, in case the infringer is a natural person, and 224 minimum wages, when it comes to a legal person.
N/A
If an IP rights holder abuses the enforcement measures in custom recordal, the customs authority may decide to withhold themselves from taking any pre-emptive measures.
The best practise for the enforcement of intellectual property rights is through the institution of suits in the court of law.
No, there are no risks involved. However, for foreign enterprises, recording their right with the Customs is a real-time limitation since the customs have limited authority and powers to act against counterfeit imports and exports.