A new Industrial Property Code (IPC) is now in force in Mozambique, with effect from 31st March 2016.  This new Code was approved on 31 December 2015 by the Council of Ministers of Mozambique and was published under Decree no. 47/2015.  Article 2 of this Decree provides that the Mozambican Industrial Property Code of 2006 (2006 IPC) is expressly repealed and replaced.  Furthermore, Decree no. 21/2009 (establishing the regime of Appellations of Origin and Geographical Indications) is also repealed, and this matter is now provided for in the new IPC.

 

Inter alia, the new IPC includes the following provisions:

 

·         Deadline to submit outstanding documentation or information:  Article 11 provides a deadline of thirty days from notification by the Industrial Property Institute within which to file outstanding documents or information, instead of the previous deadline of fifteen days provided for under the 2006 IPC.

 

·         Deadline to appeal:  Article 18 of the new IPC sets a deadline of thirty days from notification or publication for appealing against a decision by the Director General of the Industrial Property Institute, instead of the former sixty days period provided for under the 2006 IPC,

 

·         New appeals:  Article 19 of the new IPC provides the possibility of appealing to the Minister of Industry and Commerce against decisions of the Director General that grant, refuse or suspend an industrial right. The deadline to do so is thirty days from the date of notification or publication of the decision.

 

·         Provisional refusal of patent and industrial designs applications:  Under Article 70 of the new IPC, patent applications may be subject to provisional refusals by the Director General, and the applicant has thirty days from the date of receipt of the corresponding notification within which to file a response, otherwise the refusal becomes final.  Corresponding rules are provided for  Industrial Designs applications in Article 115.

 

·         Oppositions against industrial design applications: Article 113 of the new IPC provides a deadline of thirty days from the date of publication of the application, which may be extended for an equal period, within which to lodge oppositions against industrial design applications.

 

·         Deadline for opposing to trademark applications: The new IPC reduces the previous opposition period in respect of trade mark applications from sixty days to thirty days. This deadline may be extended for an equal period.

 

·         Monthly publication of the IPI Bulletin: the IPI Bulletin will now be published every month instead of every two months as was provided for in the 2006 IPC.