1990 brought the second Constitution of the Republic of Mozambique since independence. It
provided for indirect intervention by the State, which now ceased to be the main economic agent
and became an agent promoting and regulating the economy, and it laid down the principle of
private initiative (pursuant to Article 97(c)); it recognized the right to private property (Article
86), to free enterprise and to investment both within Mozambique and abroad (Articles
107 and 108 respectively).
3.2. Legal framework
3.2.1. Concerning copyright and related rights
The following are Mozambique’s legal instruments in the sphere of copyright:
•
Law on copyright and related rights - Law No. 42/01 of February 27, 2001;
•
Regulation on the compulsory affixing of seals to phonograms - Decree No. 27/2001 of
September 11, 2001;
•
Regulation on implementation and feasibility rules in Decree No. 27/2001 of September
11, 2001 - Ministerial Order No. 8/2003 of January 15 2003.
Mozambique has acceded to the following international instruments on the subject:
•
The Berne Convention for the Protection of Literary and Artistic Works of 1886, revised
by the Paris Text of July 24, 197 and amended on October 2, 1979, to which
Mozambique acceded by means of Resolution No. 13/97 of June 13, 1997;
•
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),
Annex to the Marrakesh Agreement which set up the World Trade Organization.
3.2.2. Concerning industrial property rights
In legal terms, industrial property was regulated by the Portuguese Industrial Property Code,
approved by Decree No. 30679 of August 24, 1940 and extended to the other overseas provinces
of the time by Order No. 17043 of February 20, 1959.
Furthermore, the Civil Code approved by Decree-Law No. 47344 of November 25, 1966 and
extended to the overseas provinces of the time by Order No. 22869 of December 18, 1967,