Mozambique Intellectual Property Services

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.

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

Law No 10/2013.

The Act will be enforced by the Competition Regulatory Authority (a body which is yet to be formed) and sector regulatory bodies.

Consumer protection is regulated by the Consumer Rights Law No. 22/2009 (CRL). The primary purpose of the CRL is to set out the rights of consumers as well as the reciprocal obligations of suppliers.

Currently Mozambique does not have any specific data protection laws. However, there are various constitutional privacy protection provisions which are interpreted in conjunction with the Mozambique Civil Code’s provisions so as to provide an effective personal data protection framework.

The Mozambican legal system is made up of the Administrative Court, Constitutional Council and the Judicial Courts. The Administrative Court is tasked with holding public power accountable and reviews the legality of administrative acts and public spending.

The Constitutional Council reviews the constitutionality of Mozambican legislation and the will consider the constitutionality and legality of the Mozambican Executive. The Judicial Courts include the Supreme Court and the Appeal Regional Court which are known as the Superior Courts, and District Court and Courts of the Province which are known as Lower Courts.

Governing legislation

Labour Law No 23/2007.

Particulars of employment

Certain contracts of employment must be in writing.

The Mozambican Central Bank controls all foreign direct investment and inward and outward payments. In addition, remittance of profits and repatriation of proceeds from the sale of and liquidation of an investment in Mozambique is permitted for duly approved foreign investment projects.

Foreign investors with approved investments are entitled to transfer abroad up to the whole amount of the profits accruing in each financial year, provided that their tax obligations have been satisfied. Remittances may only be affected through the local banking system upon presentation of tax clearance from the Ministry of Finance.

A company is deemed to be a resident if its head office or place of effective management is in Mozambique, or if the business is registered in Mozambique.

A resident company is taxed on its worldwide income and a non-resident company is taxed only on its Mozambique-source income.