MAURITIUS: Industrial Property Tribunal Now Operational

Following a two-year wait, the regulations allowing for the establishment of the Industrial Property Tribunal in Mauritius finally came into force on June 1, 2024.

The Intellectual Property Act providing for the Tribunal has been in force in Mauritius since January 31, 2022. However, the regulations providing for the functioning of the Tribunal were not promulgated at the same time. The establishment of the Tribunal is, therefore, a welcome development for rights holders.

Rights holders can now appeal to the Tribunal if the Industrial Property Office refuses their trademark application or hands down an opposition decision.

Rights holders can also institute invalidation actions against improperly registered marks. The Tribunal can also hear cases requesting the removal of a trademark from the register, such as, for example, where a distributor registers a mark without authorization.

Rights holders who might have missed the opposition period will also find it useful that they will be able to apply for the invalidation of a mark. Invalidation actions are not constricted by any statutory delay and are available on mostly the same grounds as an opposition. The Tribunal is already hearing cases. Owners and practitioners hope it will help legal certainty by being swift with its decisions.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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