THE PATENTS, INDUSTRIAL DESIGNS AND TRADEMARKS ACT 2002
Act No. 25 of
2002
I assent
K. OFFMANN
President of the Republic
8th
August 2002
Date in Force:06 January 2003
ARRANGEMENT
OF SECTIONS
Section
PART
I-PRELIMINARY
PART II- INSTITUTIONAL
FRAMEWORK
PART III-
PATENTS
PART IV - INDUSTRIAL
DESIGNS
PART V - MARKS, COLLECTIVE
MARKS, TRADE NAMES
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 follows-
PART I –
PRELIMINARY
This Act may be cited as The
Patents, Industrial Designs and Trademarks Act 2002.
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" as defined under section 2 of the Geographical Indications Act
2002;
"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;
"International Classification" means
-
(a) as regards industrial
designs, the classification according to the Locarno Agreement of October 8, 1968(as last revised) establishing an International
Classification for Industrial Designs;
(b) as regards marks, the
classification according to the Nice Agreement concerning the International
Classification of Goods and Services for the Purposes of the Registration of
Marks, of June 15, 1957;
"legal practitioner" has the same
meaning as. in the Law Practitioner's Act;
"Minister" means the Minister to
whom the responsibility for the subject of international trade is
assigned;
"Ministry" means the Ministry
responsible for the subject of international trade;
"Office" means the office
established under section 3; "Patent Cooperation Treaty" means the Patent
Cooperation Treaty done at Washington on June 19, 1970;
"Paris Convention" means the Paris
Convention for the Protection of Industrial Property of 1883;
"priority date" means the date of
the earlier application that serves as the basis for the right of priority
provided for in the Paris Convention;
"Registers" means the Registers
referred to in section 6(1);
"Tribunal" means the Tribunal for
Industrial Property established under section 9;
"unfair practice" has the same
meaning as in the Unfair Practices (Industrial Property Rights) Act
2002;
"World Trade Organisation" means the
World Trade Organisation established under the Marrakesh Agreement 1994.
“approved agent” means an agent
approved by the Minister.
PART II - INSTITUTIONAL
FRAMEWORK
(1) There is established for the
purposes of this Act, a department within the Ministry, to be known as the
Industrial Property Office.
(2) The Office shall be administered
by a Controller who shall be-
(a) a public
officer;
(b) appointed by the Public
Service Commission; and
(c) responsible for the
control, operation and management of the daily business of the
department.
(3) The Minister may give such
directions of a general character, not inconsistent with this Act, to the
Controller for the proper discharge of his functions under the industrial
property enactments and for the implementation of such policies as may be
determined.
(4) There shall be posted to the
Office such officers as may be necessary for the proper discharge of the
functions and duties of the office.
(5) The officers posted to the
Office shall be public officers and shall be under the direct administrative
control of the Controller.
(6) The Controller may, subject to
the approval of the Minister, appoint, on an ad-hoc basis, such assessors and
technical experts on such terms and conditions, as he may consider
necessary.
(7) The Controller may, in the
discharge of his duties under the industrial property enactments, issue
administrative procedures.
(1) The Controller shall
-
(a) upon an application under
any of the industrial property enactments -
(i) grant a filing date in respect
of such application;
(ii) examine such
application;
(iii) grant the patent, wherever
applicable; and
(iv) register any mark, industrial
design, geographical indication or Layout Designs, as the case may
be;
(b) either on his own
initiative or upon a complaint made, investigate any allegation of an offence
under any of the industrial property enactments; and
(c) ensure that the policies
and procedures of the office comply with any relevant international standards
and guidelines concerning industrial property.
(2) Where the Controller has
concluded an investigation under subsection 1(b), he shall refer the matter to
the Director of Public Prosecutions for any appropriate action.
(1) The Controller shall have such
powers as may be necessary to carry out the functions of the Office under, and
in order to enforce, any of the industrial property enactments, and in
particular to -
(a) require any person whose
affairs are being investigated to answer any question or otherwise furnish any
information or produce such document as may be relevant to the
investigation;
(b) require any public
officer to furnish information or produce any document in his
custody;
(c) apply to a Judge in
Chambers for an order to authorise him or any of his officers to enter and
search, at all reasonable times, any premise or place of business and remove
thereupon any document or material that may provide evidence relevant to an
investigation being conducted; and
(d) detain any document, or
goods that may be relevant to the investigation.
(2) The Controller may, for the
purposes of conducting any investigation under this Act, use the services of any
police officer or other public officer designated for that purpose by the
Commissioner of Police, or the Head of Civil Service, as the case may
be.
(3) The Commissioner of Police shall
give such assistance as may be necessary to the Controller to enable him to
discharge his functions under this Act.
(1) The Office shall maintain
separate Registers for patents, industrial designs, marks and collective marks
and trade names.
(2) All the entries and recordings
provided for in this Act shall be effected in the appropriate
Register.
(3) Subject to section 48(1), the
Registers may be consulted by any person and any person may obtain extracts
therefrom, under such conditions as may be prescribed.
(4) The Controller shall cause to be
published, all the publications provided for in this Act, in such manner as may
be prescribed.
The Controller may, subject to any
regulations as may be prescribed, correct any error of translation or
transcription, clerical error or mistake, in any application or document filed
with the Controller or in any recording effected pursuant to this
Act.
Where the Controller is satisfied
that the circumstances so justify, he may, upon receiving a written request,
extend the time for doing any act upon giving notice to the parties concerned
and upon such terms as he may direct.
(1) There is established, for the
purposes of the industrial property enactments, an Industrial Property Tribunal,
which shall consist of -
(a) a Chairman, who shall be
a law practitioner of not less than 5 years standing and having experience in
industrial property; and
(b) such other members, being
not more than 5, 2 of whom shall have experience in the field of finance and
business or public administration; as may be appointed by the Minister after consultation with the Prime
Minister.
(2) For the purposes of hearing and
determining an appeal under any of the industrial property enactments, the
Tribunal shall consist of the Chairman and 2 members.
(3) The Minister may designate such
public officers as he thinks fit, including a Registrar, to assist in the
conduct of the business of the Tribunal.
(4) The members of the Tribunal
shall be appointed, on such terms and conditions, and be paid such fees, as the
Minister may approve.
(1) The Tribunal shall have
jurisdiction to hear and determine an-
(a) appeal by any person who
feels aggrieved by any decision taken by the Controller, under any of the
industrial property enactments, other than a decision under section
4(1)(b);
(b) application by a person
to the Tribunal for a ruling on the interpretation of any provision of any of
the industrial property enactments; and
(c) application under section
23(1) (b) of this Act.
(2) Any appeal to the Tribunal,
under subsection (l)(a), shall be made within 28 days of the decision of the
Controller.
(3) The Tribunal shall sit at such
time and place as the Chairman may determine.
(4) The Tribunal shall, subject to
such regulations as may be prescribed, regulate its own proceedings and may
-
(a) make such orders for
requiring the attendance of persons and the production of articles or documents,
as it thinks necessary for the conduct of its business; and
(b) take evidence on
oath.
(5) On the hearing of an appeal, the
Tribunal may confirm, amend or cancel a decision made by the Controller or give
such determination as it considers appropriate.
(6) On the hearing of an appeal
under subsection (1)(a) or an application under subsection (1)(c), the Tribunal
shall, if necessary, hear the parties and shall make an order determining
whether, and subject to what conditions or limitations as to the mode or place
of use or otherwise, the grant of patent or registration of mark or industrial
design, is to be permitted.
(7) In proceedings under subsection
(1)(a), no grounds of opposition to the registration or grant of an industrial
property, other than those stated by the party in his notice of opposition,
shall, except by leave of the Tribunal, be allowed to be taken by the party
giving notice of opposition or the Controller.
(8) Where, after the Tribunal has
allowed any further ground of opposition, under subsection (7), the respondent
decides to withdraw his application, he shall give notice to the Tribunal and
any other party to the appeal accordingly within one month of the leave being
granted, and no cost shall be awarded against him.
(9) In any appeal under this
section, the Tribunal may, after hearing the parties to the appeal, order that
any industrial property proposed to be registered or granted, be modified in any
manner not substantially affecting its identity.
(10) Any trademark, modified under
subsection (9), shall be advertised by the applicant in the Government Gazette
and in 2 daily newspapers, one of which shall be approved by the Controller,
before being registered.
(11) Where any party who has given
notice of opposition or of appeal, does not reside or carry on business, and
does not possess property, in Mauritius, the Tribunal may require him to give
security for costs of the proceedings before it relating to the opposition or
appeal, and in default of such security being given, may treat the opposition or
appeal as abandoned.
PART III –
PATENTS
(1) For the purposes of this
part-
"patent" means the title granted to
protect an invention; "invention" means an idea of an inventor which provides
the solution to a specific problem in the field of
technology.
(2) For the purposes of subsection
(1), an invention may be, or may relate to a product or a
process.
(3) The following, even if they are
inventions within the meaning of subsection (1), shall be excluded from patent
protection -
(a) discoveries, scientific
theories and mathematical methods;
(b) schemes, rules or methods
for doing business, performing purely mental acts or playing games;
(c) methods for treatment of
the human or animal body by surgery or therapy, as well as diagnostic methods
practised on the human or animal body;
(d) plants;
(e) animals;
(f) essentially biological
processes for the production of plants and animals;
(g) plant varieties;
and
(h) literary, dramatic,
musical or artistic works or any other aesthetic creation
whatsoever.
(4) Notwithstanding subsection (3),
any product used in any of the methods referred to in subsection (3)(c), shall
not be excluded from protection.
(1) An invention shall be patentable
under this Act where it-
(i) is new;
(ii) involves an inventive
step;
(iii) is capable of industrial
application.
(2) An invention is new where it is
not anticipated by prior art.
(3) For the purposes of subsection
(2), prior art shall consist of anything disclosed to the public, anywhere in
the world, by publication in tangible form or by oral disclosure, by use or in
any other way, prior to the filing or, where applicable, the priority date, of
the application claiming the invention.
(4) For the purposes of subsection
(3), disclosure to the public of the invention shall not be taken into
consideration where -
(a) it occurred within 12
months preceding the filing date or, where applicable, the priority date of the
application; and
(b) it was by reason or in
consequence of acts committed by the applicant or his predecessor in title or of
an abuse committed by a third party with regard to the applicant or his
predecessor in title.
(5) An invention shall be considered
as involving an inventive step where, having regard to the prior art relevant to
the application claiming the invention, it would not have been obvious to a
person having ordinary skill in the art.
(6) An invention shall be considered
industrially applicable where it can be made or used in any kind of
industry.
(7) For the purposes of subsection
(6), the term "industry" shall be construed in its broadest sense and shall also
cover, handicraft, agriculture, fishery and services.
(8) Any commercial exploitation of
an invention, which is contrary to public order or morality, shall not be
patentable.
(1) The right to a patent shall
belong to the inventor.
(2) Where two or more persons have
jointly made an invention, the right to the patent shall belong to them
jointly.
(3) Where two or more persons have
made the same invention independently of each other, the person whose
application has the earliest filing date or, if priority is claimed, the
earliest validly claimed priority date shall have the right to the patent, as
long as the said application is not withdrawn, abandoned or
rejected.
(4) Any right to a patent may be
assigned or may be transferred by succession.
(5) Where an invention is made in
the execution of, or under, an employment contract, the right to the patent
shall belong, in the absence of any express provisions to the contrary, to the
employer.
(6) Every patent shall contain the
name of the inventor unless, in a special written declaration signed by him and
addressed to the Controller, indicates that he wishes not to be
named.
(7) Any promise or undertaking by
the inventor, made to any person to the effect that he will make a declaration
under subsection (6), shall be without effect.
(1) An application for a patent
shall be –
(a) made in the prescribed
form;
(b) filed with the Controller
in such manner as may be prescribed under this Act; and
(c) subject to payment of the
prescribed fee.
(2) An application for a patent
shall contain –
(a) a request which
includes-
(i) a petition to the effect that a
patent be granted;
(ii) the name of and other
prescribed data concerning the applicant, the inventor and the agent, if
any;
(iii) the title of the
invention;
(b) a description of the
invention, any claim and any drawing and an abstract;
(c) where the applicant is
not the inventor, a statement justifying the applicant's right to the patent;
and
(d) where the applicant's
ordinary residence or principal place of business is outside Mauritius, an address within Mauritiusfor service of any
document.
(3) Any description referred to in
subsection (2)(b), shall disclose the invention in a manner which is
sufficiently clear and complete for the invention to be carried out by a person
having ordinary skill in the art, and shall, in particular, indicate at least
one mode known to the applicant for carrying out the
invention.
(4) Any claim shall-
(a) define the matter for
which protection is sought;
(b) be clear and concise and
fully supported by the description.
(5) The description and the drawings
in respect of any patent may be used to interpret any claim under subsection
(4).
(6) Any abstract, referred to in
subsection (2) (b), shall be used for technical information only and shall not
be taken into account for the purpose of interpreting the scope of the
protection.
(7) Any applicant may, before the
application is granted, withdraw the application on payment of a prescribed
fee.
(1) Any application shall relate to
one invention only or to a group of inventions so linked as to form a single
general inventive concept.
(2) An applicant may, at any time
before the application is granted, amend the application, provided that the
amendment shall not go beyond the disclosure in the initial
application.
(3) The applicant may, at any time
before the application is granted, divide the application into two or more
applications, provided that each divisional application shall not go beyond the
disclosure in the initial application.
(4) Every divisional application
shall be entitled to a filing date and, where applicable, the priority date of
the initial application.
(5) Where a patent has been granted
following an application that did not comply with the requirement of unity of
invention under subsection (1), such failure to comply with subsection (I) shall
not be a ground for the invalidation of the patent.
(1) An application may contain a
declaration claiming the priority, as provided for in the Paris Convention, of
one or more earlier national, regional or international applications filed by
the applicant or his predecessor in title in or for any State party to the said
Convention or any member of the World Trade Organisation.
(2) Where the application contains a
declaration under subsection (1), the Controller may require the applicant to
furnish, within the prescribed time limit, a copy of the earlier application
certified as correct by the office with which it was filed.
(3) The effect of the said
declaration shall be as provided in the Paris Convention.
(4) Where the Controller finds that
the requirements under this section have not been fulfilled, the said
declaration shall be considered not to have been made.
(1) An applicant shall, where
requested to do so by the Controller, furnish him with the date and number of
any application for a patent filed by him abroad relating to the same or
essentially the same invention as that claimed in the application filed with the
Controller.
(2) An applicant shall, where requested to
do so by the Controller, furnish him with the following documents relating to
one of the foreign applications referred to in subsection (1)-
(a) a copy of any
communication received by the applicant concerning the results of any search and
examination carried out in respect of the foreign application;
(b) a copy of the patent
granted on the basis of the foreign application;
(c) a copy of any final
decision rejecting the foreign application or refusing the grant requested in
the foreign application.
(3) An applicant shall, where
requested to do so by the Controller, furnish him with a copy of any final
decision invalidating the patent granted on the basis of the foreign application
referred to in subsection (2).
(1) The Controller shall accord, as
the filing date, the date of receipt of the application, provided that, at the
time of receipt; the application contains -
(a) an express or implicit
indication that the granting of a patent is sought;
(b) indications allowing the
identity of the applicant to be established;
(c) a part which, on the face
of it, appears to be a description of an invention.
(2) Where the Controller finds that
the application did not, at the time of receipt, fulfill the requirements
referred to in subsection (1), he shall invite the applicant to file the
required correction and shall accord as the filing date, the date of receipt of
the required correction.
(3) Where no correction is made, the
application shall be treated as if it has not been filed.
(4) Where the application refers to
drawings which are not included in the application, the Controller may request
the applicant to furnish the missing drawings.
(5) Where the applicant complies
with a request under subsection (4), the Controller shall accord as the filing
date, the date of receipt of the missing drawings.
(6) Where the applicant fails to
comply with a request under subsection (4), the Controller shall accord as the
filing date, the date of receipt of the application and shall treat any
reference to the said drawings as non-existent.
(1) The Controller shall, after
according a filing date, examine -
(a) whether the application
complies with section 14 and any other provisions of this Act; and
(b) whether any information
requested under sections 16 and 17 has been provided.
(2) For the purposes of subsection
(1), the Controller shall take into account -
(a) the results of any
international search reports, and any international preliminary reports, made in
relation to the application;
(b) any search and
examination report submitted under section 17(2)(a); and
(c) any final decision
submitted under section 17(2)(c).
(1) Where the Controller finds that
the conditions referred to in section 19(1) have been fulfilled, he shall grant
the patent.
(2) Where an application fails to
comply with the conditions referred to in section 191), the Controller shall
reject the application and notify the applicant of his
decision.
(3) Where the Controller grants a
patent, he shall-
(a) cause to be published, a
reference to the grant of the patent, in such manner as may be
prescribed;
(b) issue to the applicant a
certificate of the grant of the patent and a copy of the patent;
(c) record the patent;
and
(d) make available copies of
the patent to the public, on payment of the prescribed fee.
(4) The Controller may, upon a
request of the owner of the patent, make any change in the text or drawings of
the patent in order to limit the extent of the protection conferred thereby,
provided that the change would not result in the disclosure contained in the
patent going beyond the disclosure contained in the initial application on the
basis of which the patent was granted.
(5) Any request under subsection (4)
shall be accompanied by the prescribed fee.
(6) The Controller, shall, whenever
possible, reach a final decision of the application not later than two years
after the commencement of the examination referred to in section
19(1).
(1) Any exploitation of the patented
invention in Mauritiusby any person other than the owner of the
patent, shall require the latter's agreement.
(2) For the purposes of this Act,
the "exploitation" of a patented invention shall mean -
(a) where the patent has been
granted in respect of a product -
(i) the making, importing, offering
for sale, selling and using the product;
(ii) stocking such product for the
purposes o( offering for sale, selling or using;
(b) where the patent has been
granted in respect of a process -
(i) the use of the
process;
(ii) the performance of any of the
acts referred to in paragraph (a) in respect of a product obtained directly by
means of the process.
(3) Any owner of a patent shall, in
addition to any other rights, remedies or actions available to him, have the
right, subject to subsection (4) and section 22, to institute civil proceedings
in damages against any person who infringes the patent by performing, without
his agreement, any of the acts referred to in subsection (2) or who performs
acts which make it likely that infringement will occur.
(4) Any right under the patent shall
not extend -
(a) to acts in respect of
articles which have been put on the market in Mauritiusor in any other country by the owner of the patent or
with his consent, or by any other
authorised party;
(b) in respect of articles
which have been put on the market in Mauritius or in any other
country or imported into Mauritius;
(c) to the use of articles on
aircraft, land vehicles or vessels of other countries which temporarily or
accidentally enter the airspace,
territory or waters of Mauritius; or
(d) to acts done only for
research and experimental purposes relating to a patented
invention;
(e) to acts performed by any
person who in good faith, before the filing or, where priority is claimed, the
priority date of the application on which the patent is granted and in
Mauritius, was using the invention. or was making
effective and serious preparations for such use.
(5) The right of any prior use
referred to in subsection (4) may only be transferred to or devolve upon the
enterprise or business, or with that part of the enterprise or business, in
which the use or preparations for use have been made.
(1) Subject to subsection (2), a
patent shall expire 20 years after the filing date of the application for the
patent.
(2) In order to maintain the patent
or patent application, an annual fee as may be prescribed shall be payable to
the Controller for each year, following the year of the filing
date.
(3) If the annual maintenance fee is
not paid in accordance with the provisions of subsection (2), the patent
application shall be deemed to have been withdrawn and the patent shall
lapse.
(1) Where the competent
authority-
(a) is satisfied that the
public interest including, national security, nutrition, health or the
development of other vital sectors of the national economy so requires;
or
(b) has, on the application
of any party, determined that the manner of exploitation, by the owner of the
patent or his licensee, is anti-competitive and that it is necessary to remedy
such anti-competitive practice;
it may, upon a request being made,
authorise, even without the agreement of the owner of the patent, authorise a
Government agency or a third person to exploit the patented
invention.
(2) The exploitation of the patented
invention shall be limited to the purpose for which it was authorized and shall
be subject to the payment, to the owner, of an adequate
compensation.
(3) For the purposes of a decision
under subsection (1) the competent authority shall take -
(a) into account the economic
value of the authorization, as determined in the said decision, and where a
decision has been taken under subsection (1)(b), the need to correct
anti-competitive practices; and
(b) his decision after
hearing the owner of the patent and any interested person, whenever
necessary.
(4) A request for the authorization
under subsection (1) shall be accompanied by evidence that the owner of the
patent has received, from the person seeking the authorization, a request for a
contractual licence, but that the latter has been unable to obtain such a
licence on reasonable commercial terms and conditions and within a reasonable
time.
(5) Subsection (4) shall not apply
in cases of-
(a) national emergency or
other circumstances of extreme urgency provided, however, that in such cases the
owner of the patent shall be notified of the competent authority's decision as
soon as reasonably practicable;
(b) public non-commercial
use; and
(c) anti-competitive
practices determined as such by the competent authority in accordance with
subsection (1)(b).
(6) The exploitation of a patented
invention in the field of semi-conductor technology by a person other than the
owner, shall only be authorized - .
(a) where the competent
authority has determined that the manner of exploitation of the patented
invention, by the owner of the patent or his licensee, is anti-competitive and
is satisfied that the issuance of the non-voluntary licence would remedy such
practice;
or
(b) for public non-commercial
use.
(7) The authorization shall not
exclude -
(a) the conclusion of licence
contracts by the owner of the patent; or
(b) the continued exercise,
by the owner of the patent, of his rights under section 21; or
(c) the issuance of a
non-voluntary licence under section 24.
d.
n.
(10) Upon the request of the owner
of the patent, the competent authority shall terminate the authorization if he
is satisfied, after hearing the parties, whenever necessary, that the
circumstances which led to the decision have ceased to exist and are unlikely to
recur or that the Government agency or third person authorised has failed to
comply with the terms of the decision.
(11) Notwithstanding subsection
(10), the competent authority shall not terminate the authorization where he is
satisfied that the need for adequate protection of the legitimate interests of
the Government agency or third person authorised, justifies the maintenance of
the decision.
(12) The decision of the competent
authority under this section shall be subject to review by the Supreme
Court.
(1) Upon request made to the
Controller after the expiration of a period of 4 years from the date of filing
of the patent application or 3 years from the date of the grant of the patent,
whichever period expires last, the Controller may issue a non-voluntary licence
if he is satisfied that the patented invention is not exploited or is
insufficiently exploited, by working the invention locally or by importation, in
Mauritius.
(2) Notwithstanding subsection (1),
a non-voluntary licence shall not be issued if the owner of the patent satisfies
the Controller that circumstances exist which justify the non-exploitation or
insufficient exploitation of the patented invention in Mauritius.
(3) The decision issuing the
non-voluntary licence shall fix –
(a) the scope and the
function of the licence;
(b) the time limit within
which the licensee must begin to exploit the patented invention;
and
(c) the amount of the
adequate remuneration to be paid to the owner of the patent and the conditions
of payment.
(4) The holder of the non-voluntary
licence shall -
(a) have the right to exploit
the patented invention in Mauritiusaccording to the
terms set out in the decision issuing the licence;
(b) commence the exploitation
of the patented invention within the time limit fixed in the said decision;
and
(c) thereafter, exploit the
patented invention sufficiently.
(5) Where -
(a) the invention claimed in
a patent (later patent) cannot be exploited in the country without infringing a
patent granted on the basis of an application benefiting from an earlier filing
or, where appropriate, priority date (earlier patent); and
(b) the invention claimed in
the later patent involves an important technical advance of considerable
economic importance in relation to the invention claimed in the earlier
patent;
the Controller, upon the request of
the owner of the later patent, may issue a non-voluntary licence to the extent
necessary to avoid infringement of the earlier patent.
(6) Where a non-voluntary licence is
issued under subsection (5), the Controller, upon the request of the owner of
the earlier patent, shall issue a non-voluntary licence in respect of the later
patent.
(7) In the case of a request for the
issuance of a non-voluntary licence under subsections (5) and (6), subsection
(3) shall apply mutatis mutandis with the proviso that no time limit
needs to be fixed.
(8) In the case of a non-voluntary
licence issued under subsection (5), the transfer may be made only with the
later patent, or, in the case of anon-voluntary licence issued under subsection
(6), only with the earlier patent.
(9) The request for the issuance of
a non-voluntary licence shall be subject to payment of a prescribed
fee.
(10) Sections 23(2) to 23(12) shall apply mutatis mutandis to
a non-voluntary licence issued under this section.
(1) Any interested person may
request the Tribunal to invalidate a patent.
(2) The Tribunal may invalidate the
patent where the person requesting the invalidation proves that any of the
requirements of sections 11,12 and 14 have not been fulfilled or where the owner
of the patent is not the inventor nor his successor in title.
(3) Any invalidated patent or claim
or part of a claim shall be regarded as null and void from the date of the grant
of the patent.
(4) The final decision of the
Tribunal shall be notified to the Controller who shall record it and publish a
reference thereto as soon as possible.
(1) For the purposes of this section
"designate," "designated Office," "elect," "elected Office," "international
application," "international filing date," "international preliminary
examination" and "receiving Office" have the same meanings as in the Patent
Cooperation Treaty.
(2) An international application
designating Mauritiusshall, subject to this section, be treated as
an application for a patent filed under this Act having as its filing date the
international filing date accorded under the Patent Cooperation
Treaty.
(3) The Controller shall, unless any
agreement is in force under subsection (4), act as a receiving Office in respect
of any international application filed with it by a resident or national of
Mauritius.
(4) The Controller may, with the
consent of the Minister, make an agreement of the kind referred to in Rule 19.1
(b) of the Regulations made under the Patent Cooperation Treaty whereby an
intergovernmental organization or the national industrial property office of
another Contracting State of the Patent Cooperation Treaty shall act instead of
the Controller as receiving Office for applicants who are residents or nationals
of Mauritius.
(5) The Controller shall act as a
designated Office in respect of an international application in which
Mauritiusis designated for the purposes of obtaining a
patent under this Act.
(6) The Controller shall act as an
elected Office in respect of an international application in which Mauritius is designated under subsection (5) if the
applicant elects Mauritiusfor the purposes
of international preliminary examination under Chapter II of the Patent
Cooperation Treaty.
(7) The Controller as designated
Office or elected Office shall not commence processing of an international
application designating Mauritiusbefore the
expiration of the time limit referred to in subsection (8) except if the
applicant complies with the requirements of that subsection and files with the
Controller an express request for early commencement of such
processing.
(8) The applicant shall, in respect
of an international application designating Mauritius, before the expiration of the time limit applicable under Article 22 or
39 of the Patent Cooperation Treaty or of such later time limit as may be
prescribed -
(a) pay the prescribed fee to
the Controller; and
(b) if the international
application was not filed in English, and has not been published under the
Patent Cooperation Treaty in English, file with the Controller a translation of
the international application, containing the prescribed contents, into
English.
(9) Where the applicant does not
comply with the requirements of subsection (8) within the time limit referred to
in that subsection, the international application shall be considered
withdrawn.
(10) The Controller shall process
international applications in accordance with the provisions of the Patent
Cooperation Treaty, the regulations established thereunder and the
Administrative Instructions under those regulations and with the provisions of
this Act and the regulations made under this Act.
(11) For the purposes of subsection
(10), in the event of conflict, the provisions of the Patent Cooperation Treaty,
any regulation made thereunder and the Administrative Instructions under those
regulations shall prevail.
(12) Any regulations under this Act
may provide for the-
(a) processing of
international applications;
(b) functions of the
Controller in connection with the Patent Cooperation Treaty, including fees
payable, time limits, prescribed languages and other requirements in relation to
international applications.
PART IV - INDUSTRIAL
DESIGNS
(1) For the purposes of this
part, any composition of lines or colours or any three-dimensional form, or any
material, whether or not associated with lines or colours, is deemed to be an
industrial design, provided that such composition, form or material
-
(a) gives a special
appearance to a product of industry or handicraft;
(b) can serve as a pattern
for a product of industry or handicraft; and
(c) appeals to and is judged
by the eye.
(2) The protection under this Act
does not extend to anything in an industrial design which serves solely to
obtain a
technical result and to the extent that it leaves no freedom as
regards arbitrary features of appearance.
(1) An industrial design shall
be registrable under this Act where it is new.
(2) An industrial design is new
where it has not been disclosed to the public, anywhere in the world, by
publication in tangible form or by use or any other way, prior to the filing
date or, where applicable, the priority date of the application for
registration.
(3) Section 12(4) shall apply,
mutatis mutandis, to applications for the registration of industrial
designs.
(4) Any industrial design that is
contrary to public order or morality shall not be registrable.
(1) The right to an industrial
design shall belong to the creator.
(2) Where two or more persons have
jointly created an industrial design, the right to the industrial design shall
belong to them jointly.
(3) Where two or more persons have
created the same industrial design independently of each other, the person whose
application has the earliest filing date or, where priority is claimed, the
earliest validly claimed priority date shall have the right to the industrial
design, as long as the said application is not withdrawn, abandoned or
rejected.
(4) The right to an industrial
design may be assigned or may be transferred by succession.
(5) Where an industrial design is
made in execution of an employment contract, the right to the industrial design
shall belong, in the absence of express provisions to the contrary, to the
employer.
(6) The creator shall be named as
such in the industrial design unless, in a written statement signed by him and
addressed to the Controller, he indicates that he wishes not to be
named.
(7) Any promise or undertaking by
the creator made to any person to the effect that he will make such a statement
shall be without legal effect.
(1) Any application for the
registration of an industrial design shall -
(a) be filed with the
Controller;
(b) contain the necessary
drawings, photographs or other adequate graphic representations of the
industrial design;
(c) contain an indication of
the article or articles which constitute the industrial design or in relation to
which the industrial design is to be used;
(d) be accompanied by a
specimen of the article embodying the industrial design where the industrial
design is two-dimensional; and
(e) be subject to the payment
of an application fee as may be prescribed.
(2) Where the applicant is not the
creator, the request shall be accompanied by a statement justifying the
applicant's right to registration of the industrial design.
(3) The application may contain a
declaration claiming priority, as provided for in the Paris Convention, of one
or more earlier national or regional applications or international deposits
filed by the applicant or his predecessor in title in or for any State party to
that Convention or any member of the World Trade
Organisation.
(4) Where the application contains a
declaration referred to in subsection (3), the Controller may require the
applicant to furnish, within the prescribed time limit, a copy of the earlier
application or international deposit, certified as correct by the office with
which it was filed, and the effect of that declaration shall be as provided for
in the Paris Convention.
(5) Where the Controller finds that
the requirements under this section and any regulations made under this Act
pertaining to a declaration, are not fulfilled, the declaration shall be
considered not to have been made.
(6) Two or more industrial designs
may be the subject of the same application where they relate to the same class
of the International Classification or to the same set or composition of
articles.
(7) Any application may, at the time
of filing, contain a request that the publication of the industrial design, upon
registration, be deferred for a period not exceeding 12 months from the date of
filing, or where priority is claimed, from the date of priority, of the
application.
(8) The applicant may, at any time
before an industrial design is registered, withdraw the application subject to
the payment of a prescribed fee.
(1) The Controller shall accord the
date of receipt of the application as the filing date provided that, at the time
of receipt, the application contains -
(a) indications allowing the
identity of the applicant to be established; and
(b) the required graphic
representations of the industrial design.
(2) Where the Controller finds that
the application did not, at the time of receipt, fulfill the requirements
referred to in subsection (1), he shall invite the applicant to file the
required correction and, shall accord the date of receipt of the required
correction as the filing date, and where no correction is made, the application
shall be deemed not to have been filed.
(3) The Controller shall, after
according a filing date, examine whether-
(a) the application complies
with the requirements of section 30 and any regulations made under this
Act;
(b) the application fee has
been paid; and
(c) the industrial design
complies with the requirements of sections 27 and 28 and the regulations
pertaining thereto.
(4) (a) Where the Controller
finds that the conditions referred to in subsection (3) have been fulfilled, he
shall register the industrial design, publish a reference to the registration;
and issue to the applicant a certificate of registration of the industrial
design upon payment of a registration fee as may be prescribed.
(b) Where an application does
not satisfy the requirements of subsection (3), the Controller shall reject the
application.
(5) Notwithstanding subsection (4),
where an application contains a request for the deferment of publication under
section 30(7), the Controller shall, upon registration of the industrial design
-
(a) ensure that neither the
representation of the design nor any file relating to the application shall be
open to public inspection; and
(b) publish a mention of the
deferment of the publication of the industrial design and information
identifying file registered owner, and indicating the filing date of the
application, the length of the period for which deferment has been requested and
any other prescribed particulars.
(6) At the expiry of the period of
deferment, the Controller shall publish the registered industrial
design.
(7) Any legal proceedings commenced
during the period of deferment of publication on the basis of a registered
industrial design shall give rise to the presumption that the information
contained in the Register and in the file relating to the application has been
communicated to the person against whom the action is brought.
(1) The exploitation of a registered
industrial design in Mauritiusby any person,
other than the registered owner, shall require the agreement of the
latter.
(2) For the purposes of this Act,
"exploitation" of a registered industrial design means the making, selling or
importation of articles bearing or embodying a design which is a copy, or
substantially a copy, of the registered industrial design.
(3) Any right under a registered
industrial design shall not extend to act in respect of articles, which have
been put on the market in Mauritiusby the registered
owner or with his consent.
(4) Any registered owner of an
industrial design shall, in addition to any other rights, remedies or actions
available to him, have the right to institute court proceedings against any
person who infringes the industrial design by performing, without his agreement,
any act referred to in subsection (2) or who performs any act which is likely to
amount to infringement.
(1) The registration of any
industrial design shall be for a period of 5 years from the filing date of the
application for registration and renewable for another period of 5
years.
(2) The registration of any
industrial design may be renewed for 2 further consecutive periods of 5 years
upon -
(a) payment of a renewable
fee; and
(b) compliance with any
condition as may be prescribed.
(1) Any person may apply to the
Tribunal for an order invalidating the registration of an industrial
design.
(2) The Tribunal may invalidate the
registration where the person requesting the invalidation proves that any of the
requirements of sections 27 and 28 has not been fulfilled or where the
registered owner of the industrial design is not the creator or his successor in
title.
(3) Any invalidated registration of
an industrial design shall be regarded as null and void from the date of the
registration.
(4) The final decision of the
Tribunal shall be notified to the Controller who shall record it and publish a
reference thereto as soon as possible.
PART V - MARKS, COLLECTIVE MARKS, TRADE
NAMES
For the purposes of this
part-
(a) "collective mark" means
any visible sign designated as such in the application for registration and
capable of distinguishing the origin or any other common characteristic,
including the quality of goods or services, of different enterprises which use
the sign under the control of the registered owner of the collective
mark;
(b) "mark" means any visible
sign capable of distinguishing the goods (trademark) or services (service mark)
of an enterprise from those of other enterprises; and .
(c) "tradename" means the
name or designation identifying and distinguishing an enterprise.
(1) The exclusive right to any mark,
shall be acquired by registration in accordance with the provisions of this
Act.
(2) No mark shall be registered,
where it-
(a) is incapable of
distinguishing the goods or services of one enterprise from those of other
enterprises;
(b) is contrary to public
order or morality;
(c) is likely to mislead any
person, in particular as regards the geographical origin of the goods or
services concerned or their nature or characteristics;
(d) is identical with, or an
imitation of, or contains, as an element, an armorial bearing, flag and other
emblem, a name or abbreviation or initials of the name of, or official sign or
hallmark adopted by, any State, intergovernmental organisation or organisation
created by an international convention, unless authorised by the competent
authority of that State or organisation;
(e) is identical with, or
confusingly similar to, or constitutes a translation of, a mark or trade name
which is well known in Mauritiusfor identical or
similar goods or services of another enterprise;
(f) is registered in
Mauritius for goods or services which are not identical or similar to those in
respect of which registration is applied for, provided, in the latter case, that
use of the mark in relation to those goods or services would indicate a
connection between those goods or services and the owner of the well-known mark
and that the interests of the owner of the well- known mark are likely to be
damaged by such use; and
(g) is identical with a mark
belonging to a different proprietor and already on the Register, or with an
earlier filing or priority date, in respect of the same goods or services or
closely related goods or services, or where it so nearly resembles such a mark
as to be likely to deceive or cause confusion.
(3) The Controller may refuse to
accept an application for the registration of a mark on which appears
-
(a) either the following word
"patent", "patented", "registered", "registered design", "copyright", or an
abbreviation of any these words; or
(b) any representation of the
State, or any colourable imitation of these
representations.
(4) No mark which contains
either-
(a) a representation of the
flag of Mauritius;
(b) a representation of the
Arms or Seal of Mauritius;
(c) anything resembling any
of the representations specified in paragraph (a) or (b);
(d) the word "Mauritius";
(e) the word "standard";
or
(f) any word or
representation, not specified in paragraphs (a) to (e), likely to lead people to
believe that the person claiming to be the proprietor of the mark has or
recently had authorisation of the Government, shall be registered except with
the authority of the Minister.
37.
Application for registration
(1) Any application for the registration of
a mark shall be filed with the Controller and shall contain a request, a
reproduction of the mark and a list of the goods or services, listed under the
applicable class or classes of the International Classification for which
registration of the mark is requested.
(2) An application under subsection
(1) shall be subject to the payment of the prescribed application
fee.
(3) The application may contain a
declaration claiming the priority, as provided for in the Paris Convention, of
an earlier national or regional application filed by the applicant or his
predecessor in title in, or for any state party, to that convention or any
member of the World Trade Organization.
(4) Where an application contains a
declaration in accordance with subsection (3), the Controller may require the
applicant to furnish, within the prescribed time limit, a copy of the earlier
application, certified as correct by the office with which it was
filed.
(5) The effect of a declaration
under subsection (3) shall be as provided in the Paris
Convention.
(6) Where the Controller finds that
the requirements under subsection (3) and the regulations pertaining thereto
have not been fulfilled, the declaration shall be considered not to have been
made.
(7) The applicant may withdraw the
application at any time before registration.
(8) The applicant may, at anytime
before the mark is registered, withdraw the application, subject to the payment
of a prescribed fee.
(1) The Controller shall
examine--
(a) whether the application
complies with the requirements of section 37 and any regulations made under this
Act; and
(b) whether the mark is a
mark as defined in section 35(b) and is registrable under section
36(2).
(2) Where the Controller is
satisfied that the conditions referred to in subsection (1) have been fulfilled,
he shall forthwith accept the application and cause it to be published in the
prescribed 'manner.
(3) Any person may, within the
prescribed period and in the prescribed manner, lodge with the Controller an
opposition to the registration of the mark.
(4) Any opposition lodged under
subsection (3) shall be by way of notice and shall state the grounds of
opposition.
(5) The applicant may, within the
prescribed period and in the prescribed manner, send a copy of any
counter-statement to the opposition together with the grounds on which he relies
for his application to the Controller and the opponent.
(6) Where the applicant does not
send a counter-statement under subsection (5), he shall be deemed to have
abandoned the application.
(7) Where the applicant sends a
counter-statement under subsection (5), the Controller shall, after hearing the
parties if so required, decide whether the mark should be
registered.
(8) After an application is
published and until the registration of the mark, the applicant has the same
privileges and rights as he would have where the mark had been
registered.
(9) Notwithstanding subsection (8),
it shall be a valid defence to an action brought under the subsection in respect
of an act done after the application was published, where the defendant
establishes that the mark could not validly have been registered at the time the
act was done.
Where the Controller finds that the
conditions referred to in section 38(1) are fulfilled, and either -
(a) the registration of the
mark has not been opposed within the prescribed time limit; or
(b) the registration of the
mark has been opposed and the opposition has been decided in the applicant's
favour,
he shall register the mark, publish
a reference to the registration and issue to the applicant a certificate of
registration.
(1) Any interested person, other
than the registered owner, who intends to use a registered mark, in relation to
any goods or services for which it has been registered, shall require the
agreement of the owner.
(2) Any registered owner of a mark
shall, in addition to any other rights, remedies or actions available to him,
have the right to institute court proceedings against any person who infringes
the mark by using, without his agreement, the mark as aforesaid or who performs
any act likely to cause an infringement.
(3) Any registered owner may, where
the use of any sign similar to the registered mark or in relation to goods and
services similar to those for which the mark has been registered, is likely to
cause confusion in the public, institute court proceedings in accordance with
subsection (2).
(4) The provision of section 36(2)
shall apply, mutatis mutandis, in any action instituted by the owner of a
well-known mark against any person in respect of the unlawful use of the
well-known mark.
(5) The rights conferred by
registration of a mark shall not extend to acts in respect of articles which
have been put on the market in Mauritiusby the registered
owner or with his consent.
(1) The registration of a mark shall
be for a period of 10 years from the filing date of the application for
registration.
(2) The registration of any mark may
be renewed for consecutive periods of 10 years upon payment of -
(a) a renewal fee;
and
(b) any condition as may be
prescribed.
(1) Any interested person may apply
to the Tribunal for an order invalidating the registration of a
mark.
(2) The Tribunal may invalidate the
registration where the person requesting the invalidation proves that any of the
requirements of sections 35 and 36 has not been fulfilled.
(3) Any invalidation of a
registration of a mark shall be deemed to have been effective as of the date of
registration, and it shall be recorded and a reference thereto published as soon
as possible.
(1) Any interested person may
request the Controller to remove from the Register, a mark, in respect of any
goods or services in respect of which it is registered, on the ground that up to
one month prior to filing the request, the mark had, after its registration, not
been in use by the registered owner or a licensee, during a continuous period of
not less than three years.
(2) Notwithstanding subsection (1),
no mark shall be removed from the Register, unless the Controller is satisfied
that there were reasonable circumstances that prevented the use of the mark and
that there was no intention not to use or to abandon the same in respect of
those goods or services.
(1) Subject to subsections (2) to (4),
sections 36 to 42 shall apply to collective marks, except that references to
section 35 (b) shall be read as 35(a).
(2) Any application for registration
of a collective mark shall designate the mark as a collective mark and be
accompanied by a copy of the terms of the agreement governing the use of the
collective mark.
(3) Any registered owner of a
collective mark shall notify the Controller of any changes made in respect of
the terms of the agreement referred to in subsection (2).
(4) The Tribunal shall invalidate
the registration of a collective mark where any interested person requesting the
invalidation proves that the -
(a) mark is being used
exclusively by the registered owner;
(b) registered owner is using
or permitting its use in contravention of the terms of the agreement referred to
in subsection (2);
(c) registered owner is using
or is permitting its use in a manner liable to deceive any person as to the
origin or any other common characteristics of the goods or services
concerned.
(1) Any licence in relation to a
registered mark, shall provide for effective control by the licensor of the
quality of the goods or services of the licensee in connection with which the
mark is used.
(2) Where the licence does not
provide for such quality control or where such quality control is not
effectively carried out, the licence shall not be valid.
(3) The registration of a collective
mark, or an application thereof, shall not be the subject matter of a
licence.
(1) No name or designation shall be
used as a trade name where-
(a) by its nature or the use
to which it may be put, it is contrary to public order or morality;
or
(b) it is liable to deceive
any person as to the nature of the enterprise identified by that
name.
(2) Notwithstanding any enactment
providing for an obligation to register trade names, such names shall be
protected, even prior to or without registration, against any unlawful act
committed by third parties.
(3) For the purposes of subsection
(2), any subsequent use of the trade name by a third party, whether as a trade
name or a mark or collective mark, or any such use of a similar trade name or
mark, likely to mislead the public, shall be unlawful.
PART VI - GENERAL PROVISIONS
(1) Any application by an interested
party for a change in the
(a) ownership of a
patent;
(b) registration of an
industrial design;
(c) registration of a mark or
collective mark;
(d) ownership of an
application thereof; or
(e) ownership of a trade
name,shall be made in writing to the Controller and shall be entered in the
appropriate Register.
(2) Subject to subsection (4), where
the Controller accepts a change referred to in subsection (1), he shall enter
the change in the appropriate register and cause it to be
published.
(3) Any change effected under
subsection (1) shall have no effect against third parties until an entry has
been made under subsection (2).
(4) Any change in the ownership of a
trade name shall be made at the time the transfer of the enterprise or part
thereof identified by that name takes place and be in
writing.
(5) Where any change in the
ownership of the registration of a mark or a collective mark is likely to
deceive or cause confusion, particularly in regard to the nature, origin,
manufacturing process, characteristics, or suitability for their purpose, of the
goods or services in relation to which the mark or collective mark is intended
to be used or is being used, it shall be invalid.
(1) Any licence concerning a patent,
a registered industrial design or a registered mark, or an application thereof,
shall be submitted to the Controller, who shall record it and publish a
reference thereto, while keeping its contents confidential.
(2) The licence shall have no effect
against third parties until such recording is effected.
Where an applicant's ordinary
residence or principal place of business is outside Mauritius, he shall be represented by a legal practitioner resident and practising
in Mauritiusor an approved agent.
(1) Any person who is dissatisfied
with the detem1ination of the Tribunal as being erroneous in law, may appeal to
the Supreme Court by way of case stated.
(2) An appeal under this section
shall be prosecuted in the manner provided by the rules made by the Supreme
Court.
(3) No person shall appeal to the
Supreme Court under this section unless he has exhausted the remedy available
under section 10.
(4) Any appeal to the Supreme Court
shall be made within 28 days of the determination of the
Tribunal.
(5) The Supreme Court may make rules
for ensuring the prosecution of appeals under the Act.
(6) On the hearing of an appeal
under this section, any person may, by special leave of the Supreme Court, bring
forward further material for the consideration of the appeal by the Supreme
Court.
(1) The performance of any act
referred to in sections 21, 32 and 40 in Mauritiusby any person
other than the owner of the title of protection or the licensee and without the
agreement of the owner, shall be unlawful.
(2) Any person who knowingly
performs any act in breach of subsection (1), shall commit an offence and shall,
on conviction, be liable to a fine not exceeding 250,000 rupees and imprisonment
for a term not exceeding 5 years.
(1) Any act in breach of
sections 21, 32 and 40, shall amount to an act of unfair practice and may give
rise to a claim in damages.
(2) Any claim arising out of an
unfair practice shall be prosecuted in accordance with the Protection Against
Unfair Practices (Industrial Property Rights) Act.
(3) In any action under subsection
(1), the court may, notwithstanding any other enactment, order the forfeiture of
any article or thing that were used in or gave rise to an act of unfair practice
as the court thinks fit.
(1) The Minister may make
regulations generally for the purpose of this Act.
(2) The regulations may, in
particular, but without prejudice to subsection (1), provide-
(a) For the payment of fees;
and
(b) For the procedure for the
registration of industrial designs, marks and collective marks and matters
related thereto.
The following are hereby
repealed –
(a) The Patents Act;
and
(b) The Trademarks
Act.
55.
Transitional provisions
(1) Where, upon the coming into
force of this Act, in relation to an application made under the Patents
Act-
(a) no certificate of interim
protection has been issued; or
(b) a certificate of interim
protection has been issued;
the application shall be processed
in accordance with the provisions of this Act.
(2) The Controller shall
-
(a) perform all the functions
of and exercise all the powers conferred in relation to patents under the
Patents Act; and
(b) be the custodian of the
Register of patents kept under the Patents Act and of the patents granted under
that Act together with the certificates of interim protection and other relevant
records.
(3) Subject to subsection (4), the
term of every patent or trademark that has not expired at the time of coming
into force of the Patents Act and the Trademarks Act shall, notwithstanding the
repeal of the Patents Act and the Trademarks Act, be deemed to be the unexpired
period from the date of the patent or registration of
trademark.
(4) Any patent or trademark, before
the coming into operation of this Act which has been extended or renewed under
the repealed Patents Act and Trademarks Act shall on the coming into force of
this Act, remain in force for the unexpired portion of the period for which it
was extended.
(5) Nothing in this Act shall apply
to or affect -
(a) any proceedings for the
invalidation or infringement of a patent commenced before the coming into
operation of this Act; and
(b) any application for the
extension of the term of a patent made before the commencement of this
Act.
(6) Notwithstanding subsection (3)
and (4), a patent referred to therein shall be subject to the payment of the
prescribed annual maintenance fee.
(7) Where, into coming into force of
this Act, an application made under the Trademarks Act is pending, such
application shall, notwithstanding the repeal of the Trademarks Act, be dealt in
accordance with the provision of this Act.
(8) The Controller shall
-
(a) perform all the functions
of and exercise all the powers conferred on the Authority, in relation to trade
marks under the Trademarks Act;
(b) be the custodian of the
Register of Trademarks kept under the Trademarks Act and of any relevant
records.
(9) Notwithstanding the repeal of
the Trademarks Act, a trademark registered thereunder shall remain in force but
shall on coming into force of this Act, be deemed to have been registered under
this Act.
(1) This Act shall come into
force on a date to be fixed by Proclamation.
(2) Different sections may come into
force on different dates.
Passed by the
National Assembly on the second day of July two thousand and
two.
Andre
Pompon
Clerk of the National
Assembly
