Collection of Laws for Electronic Access
YH
MAURITIUS
purposes of obtaining approval of the marketing of pharmaceutical or agricultural chemical
products which utilize new chemical entities; or
(b) the disclosure of such data, except where necessary to protect the public unless
steps are taken to ensure that the data are protected against unfair commercial use.
(5) Subject to subsection (6), no person, other than the person who submitted
undisclosed tests or other data, the origination of which involves considerable effort, shall
rely on such data in support of an application for product approval for a reasonable period of
time after the submission of those tests or data.
(6) For the purposes of subsection (5), a reasonable period or time shall, taking into
account the nature of the data and the person’s efforts and expenditure in producing them, be
not less than 5 years, unless the Minister otherwise decides.
Offences
10. Any person who contravenes section 4(1) shall commit an offence and shall, on
conviction, be liable to a fine of 250,000 rupees and to a term of imprisonment not exceeding
5 years.
Civil Liability
11.—(1) Any civil proceeding by an owner of a right, under any of the industrial
property enactments for an unfair practice, shall be commenced by way of plaint with
summons before the court.
(2) On the request of the owner of a right or of a licensee if he has requested the owner
to institute court proceedings for a specific relief and the owner has refused or failed to do so,
the court may—
(a) grant an injunction to prevent an unfair practice, or an unlawful act;
(b) award damages; and
(c) grant any other remedy provided for in law.
(3) In any action for an alleged unfair practice—
(a) it shall be presumed, unless the defendant puts it in issue, that—
(i) right subsists in the work to which the action relates;
(ii) the plaintiff is the owner if he claims so to be;
(4) For the purposes of any proceedings under subsection (1), in respect of the violation
of the rights of the owner of a patent, where the subject matter of the patent is a process for
obtaining a product, the burden of establishing that an identical product was not made by the
process shall be on the alleged infringer if either of the following conditions is fulfilled—
MU003EN
Unfair Competition, Act, 08/08/2002, No. 22
page 6/7