Mozambique

Mozambique is a member of the Paris Convention, the Madrid Agreement and the Madrid Protocol, the Nice Agreement on Classification of Marks and the WTO/TRIPS.

Provision is made for the registration of product and service marks, as well as for collective and certification marks. Trade mark applications may be filed as national applications, claiming convention priority in terms of the Paris Convention when appropriate; or Mozambique may be designated in international applications filed in terms of the Madrid Agreement.

Mozambique is a member of the Paris Convention, ARIPO (Harare Protocol), the PCT and the WTO/TRIPS.

Patent protection is available via a national filing or an ARIPO or a PCT application designating Mozambique. Mozambique has implemented both the PCT and the Harare Protocol (which regulates patent and design filings in ARIPO) in its national laws, thereby giving enforceable rights to patents obtained via ARIPO and the PCT.

Foreign applicants must be represented by an accredited local agent.

Mozambique is a member of the Paris Convention, ARIPO (Harare Protocol) and the WTO/TRIPS.

Design protection is available by a national filing or via an ARIPO application designating Mozambique. Mozambique has implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national laws, thereby giving effective protection to ARIPO designs in Mozambique.

Mozambique is a member of the Berne Convention, as well as WTO/TRIPS.

The law provides for copyright in respect of literary, artistic and scientific works, that are original intellectual creations in the literary, artistic and scientific fields, including:

• written works, including computer programs
• lectures, addresses, sermons and other works consisting of words expressed orally
• musical works
• dramatic and dramatico-musical works
• choreographic works, mimed works
• audiovisual works
• works of fine art, including painting, drawing, sculpture, engravings, lithographs
• works of architecture
• photographic works
• works of applied art or craft
• illustrations, maps, plans, sketches, three-dimensional works relating to geography, topography, architecture
• expressions of folklore.

The Decree also applies to derived works which constitute intellectual creations, namely

• compilations of works
• translations, adaptations, arrangements of works.

Excluded from protection are:

• daily news and accounts of events purely for information
• official texts of a legislative, administrative or judicial nature
• simple facts and data

ideas, processes, operational methods, mathematical concepts.

Currently, no legislative provision for plant breeders’ rights or other sui generis protection for plants is available in Mozambique.