Spoor & Fisher - Intellectual Property law specialists Patents, trade marks, copyright, design, domain names, South Africa and Africa

Mozambique

Capital: Maputo
Population: 18 million
Major languages: Portuguese (official), African languages
Major religions: Indiginous beliefs, Islam, Christianity
Form of government: Multiparty republic
Monetary unit: 1 metical (plural meticais) = 100 centavos
Main exports: Seafood, cotton
Internet domain: .mz
Time zone: GMT+2
International dialling code: +258

Back to map

Trade Marks

International Arrangements:

Paris Union, Madrid Union (Agreement and Protocol), TRIPS.

Categories of Trade Marks:

There are provisions for the registration of SERVICE MARKS, CERTIFICATION MARKS and COLLECTIVE MARKS.

There are no provisions for the registration of DEFENSIVE MARKS or SERIES MARKS.

Classification:

The International Classification of goods and services applies.

A separate application is required for each class of goods and/or services.

Documents required:

A. New Applications

Power of Attorney, notarised, incorporating a Portuguese translation.
10 prints of the mark, even for word marks in ordinary type.
Priority document (if applicable), with verified Portuguese translation.

B. Renewals

Power of Attorney, notarised, incorporating a Portuguese translation.

In addition to 10 yearly renewals it is also necessary to file a DIU (Declaration of Use) every five (5) years.

The DIU itself is the only document needed.

C. Assignments/Mergers

Power of Attorney, notarised, incorporating a Portuguese translation.
Deed of Assignment or other instrument of title, with verified Portuguese translation.

D. Change of Name

Power of Attorney, notarised, incorporating a Portuguese translation.
Certificate of Change of Name, with verified Portuguese translation.

E. Change of Address

No documents required.

F. Licences/Registered Users

Powers of Attorney (notarised) from proprietor and licensee.
Licence Agreement, notarised with verified Portuguese translation.

Back to map

Trade Mark Forms

Mozmbiquetrd.pdf

Patent Forms

Mozambique.pdf
MozAssignment.pdf

Related News Articles

1) Mozambique Trade Marks - The Need to File a Declaration of Intent to Use

2) New Industrial Property Legislation in Mozambique

3) Revised Examination Procedure in Mozambique

4) Circular No. 371: Mozambique Trade Marks - The Need to File a Declaration of Intent to Use

5) Circular No. 346: Africa Newsletter (Trade Marks)

Patents

International arrangements:

WIPO (from 23 December 1996)
Paris Union (from 9 July 1998)
PCT (from 8 May 2000)
ARIPO (from 18 May 2000)

Types of Patents available:

Patents of Invention
National Phase PCT application
ARIPO application
ARIPO Regional Phase PCT application

Note: Patent protection in Mozambique has only been available since 5 July 1999.

Novelty requirement:

Absolute novelty is required. However, novelty will not be destroyed if the disclosure of the invention to the public occurred not earlier than twelve months preceding the filing date or where applicable the priority date, and it was as a consequence:

of the applicant or his predecessor in title displaying the invention at an official or officially recognised international exhibition, or
an abuse committed by a third party with regard to the applicant or his predecessor in title.
Provided that in the case of 1), the applicant when filing the application declares in writing that the invention was effectively exposed and within three months provides proof thereof.

Patentability:

Diagnostic, therapeutic and surgical methods for the treatment of humans and animals are not patentable. However products for use in any such methods may be patented.

Filing requirements:

Patents of Invention (Non-PCT):

Power of Attorney (notarised) (required on the day of filing)
Specification and claims in Portuguese or English(required on the day of filing)
Abstract in Portuguese (required on the day of filing)
Formal drawings, if applicable (required on the day of filing)
Verified translation of the specification and claims into Portuguese, if filed in English (required within three months)
Assignment of Invention (can be late filed, no set deadline)
Priority document with verified Portuguese translation (can be late filed within two months)

National Phase PCT application:

Power of Attorney (notarised) (required on the day of filing)
Specification and claims in Portuguese or English (required on the day of filing)
Abstract in Portuguese (required on the day of filing)
Formal drawings, if applicable (required on the day of filing)
Verified translation of the specification and claims into Portuguese, if filed in English (required within three months)
Assignment of Invention (can be late filed, no set deadline)
Copy of International Publicationt (required on the day of filing)
Copy of International Search Report (can be late filed, no set deadline)
Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)

ARIPO application in which Mozambique is designated:

Please see ARIPO

ARIPO Regional Phase PCT application:

Please see ARIPO

Grant:

The term of a patent is twenty years from the filing date. Renewal fees fall due annually commencing on the first anniversary of the filing date.

Back to map