The legal system regulating intellectual property (IP) in Mozambique after independence started with the setting up of the Departamento Central da Propriedade Industrial in 1995, and was later on replaced by the currentInstituto da Propriedade Industrial (IPI) in 2003. The first IP Code of Mozambique was approved by Decree 18/99 of 4 May 1999, and was replaced by the IP Code approved by Decree 04/2006 of 12 April 2006, which came into force on 12 June 2006. The latter IP Code is still in force in Mozambique, and this encompasses trademark licence agreements.
Dynamic trademarks
As one in the IP world may know, trademarks are not just static (as someone outside of the IP world may think); they are as dynamic as their IP holders, or owners. Most of the trademark owners or holders, mainly the famous ones, tend to leverage their IP rights by making them profitable, saving themselves time and at the same time expanding their trademark to places where it could not reach without entering into IP business schemes, especially in developing countries.
Trademark licensing
There are many ways of achieving the above, however one of the best for complying with relevant IP laws and at the same time still maintaining the ownership of the trademark right, therefore avoiding infringing IP rights, is through trademark licence agreements.
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Rui Loforte is a partner at Couto Graça & Associados (CGA) in Maputo, Mozambique, and the head of the firm’s intellectual property and labour groups of practice. He can be contacted on +258 21 496900 or by email at rloforte@cga.co.mz
