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For international companies selling branded products to Mauritius, the new Industrial Property Act 2019 provides for four new concerns which may affect them.
- Firstly– in relation to trademark registrations: Any Mauritian entity can oppose their marks by showing that they have been operating a trade name in Mauritius for long enough to merit protection.
- Secondly – Also in relation to trademark registrations: Certain types of marks which are too descriptive, or otherwise generic will no longer be registrable. This comes with an inherent risk of invalidation for those which are already registered, unless made distinctive with use.
- Thirdly– Famous marks now lose part of their protection and need to register to be protected!
- Fourthly– in relation to enforcement: registered marks will no longer be able to take action against infringers after 5 years of inaction;
There is a window of opportunity for international companies to therefore review their trademark registration and enforcement activities. It may be of interest to check whether any of the above would affect them and take action before the act is actually proclaimed!
Click below for an additional free report on what can be done about each of the above concerns before the concern becomes permanent!
We would be grateful if you could kindly provide us with some input so that we can better understand what relevance Mauritius has to your business and clients, and how we can assist you to keep an edge on the competition by providing you with timely and relevant information which you can share with your clients:
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