MOZAMBIQUE: Accession to the Banjul Protocol

The Government of the Republic of Mozambique has deposited its instruments of accession to the Banjul Protocol on Marks (Protocol), opening the way for the filing of a single trademark application for one or more members of the African Regional Industrial Property Organization (ARIPO).

The Protocol is due to take effect on August 15, 2020, following Mozambique’s accession to the Protocol on May 15, 2020. The Council of Ministers of Mozambique had previously approved a resolution for Mozambique to accede to the Banjul Protocol in September 2017.

It will now be possible to designate Mozambique in terms of the Protocol. Mozambique has already enacted provisions into its Industrial Property Code Decree No. 47/2015, which came into force on March 31, 2016, to allow for the immediate implementation of the Protocol provisions.

The Protocol provides for the filing of a single trademark application with ARIPO to cover one or more member states designated in the application. The registration will have the effect of a national registration in each of the designated countries but will not constitute a regional registration. The ARIPO office, located in Harare, Zimbabwe, handles the registration and administration of the marks on behalf of the contracting states.

Although ARIPO has 19 member states, only 11 states are members of the Protocol. The 11 ARIPO member states in the Protocol are Botswana, Malawi, Lesotho, Tanzania, Namibia, Uganda, Liberia, Swaziland, Zimbabwe, Sao Tome, and Principe and Mozambique. However, of the countries that have acceded, only Botswana, Liberia, Zimbabwe, and now Mozambique have incorporated the provisions of the Protocol into their national laws and are the only member states where an ARIPO trademark registration may be enforceable.

The Government of the Republic of Mozambique has deposited its instruments of accession to the Banjul Protocol on Marks (Protocol), opening the way for the filing of a single trademark application for one or more members of the African Regional Industrial Property Organization (ARIPO).

The Protocol is due to take effect on August 15, 2020, following Mozambique’s accession to the Protocol on May 15, 2020. The Council of Ministers of Mozambique had previously approved a resolution for Mozambique to accede to the Banjul Protocol in September 2017.

It will now be possible to designate Mozambique in terms of the Protocol. Mozambique has already enacted provisions into its Industrial Property Code Decree No. 47/2015, which came into force on March 31, 2016, to allow for the immediate implementation of the Protocol provisions.

The Protocol provides for the filing of a single trademark application with ARIPO to cover one or more member states designated in the application. The registration will have the effect of a national registration in each of the designated countries but will not constitute a regional registration. The ARIPO office, located in Harare, Zimbabwe, handles the registration and administration of the marks on behalf of the contracting states.

Although ARIPO has 19 member states, only 11 states are members of the Protocol. The 11 ARIPO member states in the Protocol are Botswana, Malawi, Lesotho, Tanzania, Namibia, Uganda, Liberia, Swaziland, Zimbabwe, Sao Tome, and Principe and Mozambique. However, of the countries that have acceded, only Botswana, Liberia, Zimbabwe, and now Mozambique have incorporated the provisions of the Protocol into their national laws and are the only member states where an ARIPO trademark registration may be enforceable.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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