PART V - MARKS, COLLECTIVE MARKS, TRADE NAMES
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
Definitions
Acquisition of the exclusive right to a mark
Application for registration
Examination and opposition
Registration of mark
Rights conferred by registration
Duration
Invalidation
Removal on grounds of non-use
Collective marks
Licensing of marks
Trade names
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
Changes in ownership
Licence
Agents
Appeals to Supreme Court
Offences
Unfair practice
Regulations
Repeal
Transitional provisions
Commencement
PART VI - GENERAL PROVISIONS
An Act
To provide for the protection of industrial property rights, including patents, industrial
designs and trademarks
ENACTED by the Parliament of Mauritius, as followsPART I – PRELIMINARY
1.
Short title
This Act may be cited as The Patents, Industrial Designs and Trademarks Act 2002.
2.
Interpretation
In this Act "Controller" means the Controller of Industrial Property Office referred to in section 3;
"Competent authority" means the Permanent Secretary of
the Ministry;
"industrial property" includes (a)
"patent", "invention", "industrial design", "trade mark", "trade name", "service
mark" and "collective mark" as defined under sections 11,27 and 35 of this Act";
(b)
"Layout-Designs of integrated circuits" as defined under section 2 of the Layout
Designs (Topographies) of Integrated Circuit Act 2002; and
(c)
"geographical indications"
Indications Act 2002;
as
defined
under
section
2
of
the
Geographical
"industrial property enactments" means the Patents, Industrial Designs and Trademarks Act
2002, the Geographical Indications Act 2002, the Layout-Designs. (Topographies) of
Integrated Circuits Act 2002 and the Protection Against Unfair Practices (Industrial
Property Rights) Act 2002;