1 BR Number 612 I SERIESNUMBER 52
Decree No. 50/2003
of December 24, 2003
Courtesy translation provided by WIPO © 2013
The Government approved the Industrial Property Code of Mozambique through Decree No.
18/99 of May 4, 1999, thereby enacting positive law in Mozambique on the protection of marks,
patents, industrial designs, utility models and other industrial property rights. The same Decree
gave the Central Department of Industrial Property the power to administer these rights
temporarily, while preparations are being made for a special body to be set up by the Council of
Ministers.
With the growing importance of industrial property in Mozambique, there is an urgent need to
create such a body, with the capacity to act with the necessary administrative and financial
autonomy concerning the administration of the whole system guiding the creation, granting,
maintenance, termination and transfer of industrial property rights.
In this context, pursuant to Article 153(I)(e) of the Constitution of the Republic, the Council of
Ministers hereby decrees as follows:
Article 1. The Industrial Property Institute, known by the acronym IPI, shall be established. It
shall be governed by the statutes appended hereto, which shall form an integral part of the
present Decree.
Article 2. The IPI shall be a public institution endowed with independent legal personality and
administrative and financial autonomy.
Article 3. The IPI shall be national in scope and shall come under the supervision of the Minister
for Industry and Trade
Article 4. The IPI shall be responsible for enforcing the rules governing industrial property rights,
taking into consideration the public interest and the technological and economic development of
Mozambique.
Article 5. In discharging these responsibilities, the IPI shall be competent:
a) to propose special policies on industrial property and to monitor the implementation of the
measures arising from these policies;
1 Translator’s Note: Official Gazette (Bulletin of the Republic).
b) to submit proposals for the development and improvement of the legislation on industrial
property and to see that it is complied with;
c) to oversee the granting and protection of industrial property rights, with a view to boosting
fair competition;
d) to keep an uptodate register of the rights allocated and any alterations thereto, thereby
ensuring the continued existence of certified information and the evidence necessary for
resolving industrial property disputes;
e) pursuant to the law, to publish the deeds, decisions and other relevant documents relating
to industrial property;
f) to promote the disclosure of technological information with a view to stimulating a spirit of
creativity and innovation, as well as to adopt measures that will encourage the transfer of
technologies and the use of patents, by mobilizing a range of partners in public and private
sector teaching and research institutes, civil society and technological development and
innovation fundholders.
Article 6. The human, material and financial resources allocated to the Department of Industrial
Property shall be transferred to the IPI.
Article 7. The staff of the IPI shall be approved pursuant to the applicable legislation and shall be
subject to the General Statute of State Officials.
Article 8. The establishment of the structure defined in the Organizational Statute and the
transfer of personnel from the Department of Industrial Property to the staff of the IPI shall take
place within ninety days of the date on which the present Decree enters into force.
Article 9. The Minister with supervisory authority shall approve the regulations of the IPI within
ninety days of the date of publication of the present Decree.
Approved by the Council of Ministers, December 2, 2003.
Let it be published
The Prime Minister,
Pascoal Manuel Mocumbi
Organizational Statute of the Industrial Property Institute
CHAPTER I
Nature and responsibilities
Article 1
Nature
1. The Industrial Property Institute, known by the acronym IPI, shall be a public institution
endowed with independent legal personality and administrative and financial autonomy.
2. The IPI shall be regulated by the provisions of the present statute and other legislation
applicable to legal persons governed by public law.
3. The IPI shall operate under the supervision of the Minister for Industry and Trade.
Article 2
Headquarters
The IPI shall have its headquarters in Maputo and, where justified and with the authorization of
the Minister responsible, after consultation with the Minister for Planning and Finance, may, in the
exercise of its activities, open or shut down offices or other forms of representation in any other
part of Mozambique.
Article 3
Duties
The IPI shall be national in scope and shall have the following duties:
a) the enforcement of the rules governing industrial property rights, bearing in mind the public
interest and the technological and economic development of Mozambique;
b) the promotion of the activities necessary for the granting and protection of industrial property
rights and contributing to efforts in terms of fair competition.
Article 4
Competences
In discharging these duties, the IPI shall be competent to:
a) contribute to the definition of specific policies on industrial property and to monitor the
implementation of the measures arising from these policies;
b) submit proposals for the improvement and development of industrial property legislation
and to ensure that it is complied with;
c) process applications for invention patents, utility models, industrial designs and the
registration of marks, establishment names and signs, appellations of origin and
geographical indications, and logotypes, and to classify them;
d) keep an uptodate register of the rights granted and any alterations thereto, thereby
ensuring the continued existence of certified information and the evidence necessary for
resolving industrial property disputes;
e) publish, pursuant to the law, the acts, decisions and other relevant documents relating to
industrial property;
f) disseminate technological and industrial information with a view to stimulating a spirit of
creativity and innovation, and to adopt that will encourage the transfer of technology and the
use of patents, by mobilizing a range of partners in public and privatesector teaching and
research institutes, civil society and development and innovation fundholders, in order to
maximize access to the public information filed with the IPI.
CHAPTER II
Organization and Operation
Section 1
Bodies and Operation
Article 5
Bodies
1. The bodies of the IPI shall be as follows:
a) the DirectorGeneral;
b) the Governing Board;
c) the Supervisory Board.
2. The IPI shall have the following structure:
a) Central Services Directorate of Marks and Patents;
b) Central Services Directorate of Information;
c) Central Services Directorate of Organization and Management;
d) Research Department;
e) Legal Department.
3. Each Directorate shall be run by a Central Services Director who shall be appointed by the
Minister responsible.
4. The Departments shall be run by Central Department Heads appointed by the Minister
responsible.
Article 6
DirectorGeneral
The DirectorGeneral shall be appointed by the Minister responsible.
Article 7
Competences of the DirectorGeneral
1. In addition being responsible for implementing the measures arising from his competences, the
DirectorGeneral of the IPI shall have the powers conferred on him by the Industrial Property
Code of Mozambique, in particular he shall be competent:
a) to decide on the overall direction to be taken by management, to direct the industrial activity
of the IPI and to ensure that the Institute carries out its duties;
b) to decide on the granting, refusal, renewal, revocation and cancellation of patents, marks
and other deposits and registrations of industrial property and alterations thereto, signing the
relevant acts and certificates relating to said industrial property rights;
c) to represent the IPI both in and out of court;
d) to propose the approval of the budget of the IPI;
e) to manage the human and financial resources, property and general support services of the
IPI;
f) to convene and chair the meetings of the Governing Board;
g) to promote the IPI’s international relations and to ensure the participation of Mozambique
and its representation at relevant regional and international events;
h) to ensure that the IPI is represented on committees and working groups and in other
activities of Mozambican and international bodies;
i) to propose the approval of the internal regulations of the IPI;
j) to create working groups or structures for projects designed to carry out activities that must
not be carried out by one individual organizational unit, and to establish their terms of
reference, composition and mode of operation;
k) to engage in the activities inherent in the management of the IPI.
2. Where the DirectorGeneral is absent or unavailable, his substitute shall be a Director
appointed in accordance with the conditions to be stipulated in the internal regulations of the IPI.
Section II
Governing Board
Article 8
Composition
1. The Governing Board shall be the consultative body of the IPI, pronouncing on issues brought
before it pursuant to this Statute and to the internal regulations. It shall have the following
composition:
a) the DirectorGeneral of the IPI, as chair;
b) the Directors of Services.
2. Other staff with recognized technical and professional expertise may be called on by the
DirectorGeneral to take part in the sessions of the Governing Board, depending on the issues
under consideration.
Article 9
Competences
The Governing Board shall be competent:
a) to analyze the implementation of the administrative and management policies on industrial
property in the context of decisions taken by the State and the Government, and to propose, to
the Minister responsible, actions leading to the correct implementation of these decisions; .
b) to assess the annual and multiannual activity plans and programs and their respective
implementation reports;
c) to propose the setting up or shutting down of IPI structures;
d) to issue opinions on any matters relating to financial or property management that may be
brought before it;
e) to issue an opinion on the approval of the internal regulations of the IPI;
f) to issue opinions on other matters inherent in the running of the IPI.
Article 10
Operation of the Governing Board
The Governing Board shall meet in ordinary session once a month and in extraordinary session
whenever it is convened by the DirectorGeneral.
Section III
Supervisory Board
Article 11
Composition
1. The Supervisory Board shall consist of three members – the chair and two voting members –
appointed for a term of three years, through a joint order of the Minister for Industry and Trade
and the Minister for Planning and Finance.
2. When the Supervisory Board is being constituted, the chair and one voting member must be
nominated by the Minister for Industry and Trade and the other member shall be nominated by
the Minister for Planning and Finance.
3. The duties of the members of the Supervisory Board shall be discharged alongside other
responsibilities, without prejudice to the incompatibilities provided for by the law, and shall be
remunerated pursuant to the terms to be laid down in a joint order issued by the Minister for
Industry and Trade and the Minister for Planning and Finance.
Article 12
Competences of the Supervisory Board
The Supervisory Board shall be competent:
a) to supervise the management of and ensure compliance with the rules governing the
activities of the IPI;
b) to issue opinions on the budget and statement of accounts;
c) to examine the accounts and audit the assets.
Article 13
Operation of the Supervisory Board
1. The Supervisory Board shall meet in ordinary session on a quarterly basis and in extraordinary
session when convened by the chair.
2. The Supervisory Board may be assisted by experts appointed or contracted for this purpose, or
by enterprises specialized in auditing work.
3. The members of the Supervisory Board shall conduct their activities conscientiously and
impartially and shall have a duty of confidentiality in relation to any facts that come to their
attention in the course of their duties or because of them;
4. Minutes shall be taken at all meetings and shall be set down in special minute books.
Section lV
Structure
Subsection I
Central Services Directorate for Marks and Patents
Article 14
Competences
The Central Services Directorate of Marks and Patents shall act in the sphere of industrial
property rights with the aim of ensuring the protection of distinctive commercial signs, the granting
and protection of rights to invention patents and the deposit of utility models and industrial
designs. In this regard, it shall be empowered to do the following:
a) oversee the receipt and processing of applications for the national registration of distinctive
commercial signs, in particular trade marks and service marks, awards, appellations of origin,
establishment names and signs, and applications for the international registration of marks
and appellations of origin;
b) formally examine and analyze applications for the protection of distinctive commercial signs
and patents, assessing their compliance with the legislation and the criteria stipulated;
c) perform acts relating to the granting, refusal, maintenance, alteration and extension of
registrations of distinctive commercial signs and record them in the files;
d) prepare affidavits, certificates and deeds, and other documents proving registration;
e) with the international secretariat provided for under the Madrid Agreement, maintain the
circulation of information and documentation required for the international protection of marks
and appellations of origin;
f) propose actions to prevent or punish unfair competition or counterfeiting in relation to
distinctive commercial signs, draft opinions and reports, and provide any information
necessary;
g) oversee the receipt, deposit and registration of patent applications;
h) classify documents relating to patents and utility models in accordance with the international
patent classification and documents relating to industrial designs, in accordance with the
classifications applicable;
i) oversee the granting and management of rights to patents and deposits through the
preparation of the relevant title deeds and the processing of the entries resulting from the
acts maintaining, altering or canceling them;
j) prepare affidavits, certificates and other documents requested in relation to patents and
deposits, with the exception of search certificates;
k) prepare information intended for publication in the Industrial Property Bulletin;
l) conduct a technical examination of applications for the registration of marks and patents in
order to verify eligibility for registration and patenting;
m) organize and keep uptodate the information systems on prior art searches in relation to
applications for the registration of marks and conduct searches concerning the handling of
the respective procedures;
n) process searches for conflicting prior registrations and prepare search certificates;
o) examine, monitor and supervise the international phase of patent applications and separate
international patents deposited in accordance with the Patent Cooperation Treaty;
p) study technical proposals for projects, agreements and treaties on patents and marks.
Subsection 11
Central Services Directorate of Organization and Management
Article 15
Competences
The Central Services Directorate of Organization and Management shall promote the study and
adoption of measures to improve the functioning of the IPI with the aim of ensuring the
management, organization and administration of human and financial resources and property. It
shall also be responsible for the following:
a) promoting the drafting of staff management instruments and indicators;
b) overseeing the administrative procedures relating to staff recruitment and movements and
the acts inherent in the legal regime governing them;
c) studying and proposing measures to train and motivate staff;
d) proposing and supporting the implementation of measures relating to the organization and
simplification of work routines and methods;
e) promoting stafftraining actions;
f) organizing and keeping the staff register and recording and monitoring attendance;
g) overseeing the receipt, recording, classification, distribution and dispatch of correspondence;
h) promoting the systematic improvement of budget management, introducing cost control
techniques and helping to draw up the budgets of the IPI;
i) preparing draft budgets and ensuring that they are implemented;
j) checking, classifying and processing documents relating to receipts and expenditure and
entering them in the accounts;
k) developing financial management instruments and indicators in accordance with the
principles of public service accounting;
l) overseeing the movement of financial flows, drawing up the respective monthly balance
sheets;
m) overseeing the management of the assets of the IPI and keeping the inventory of its
movable and immovable assets in good order.
Subsection III
Central Services Directorate of Information
ARTICLE 16
Competences
The IPI’s Central Services Directorate of Information shall be responsible for disseminating and
promoting the potential of industrial property among economic agents, organizing, processing and
maintaining the technical information on the sector and promoting the computerization of the
activities of the IPI. In carrying out these activities, it shall be empowered to do the following:
a) organize and maintain a specialized library on industrial property and ensure public access
to the IPI’s information and documentary resources;
b) process and promote the selective dissemination of the technological information contained
in patents and in other industrial property documents;
c) promote the creation of sources of technological information aimed at enterprises and carry
out actions to raise awareness of the industrial property system, in such a way as to stimulate
creativity and innovation in production and marketing processes;
d) oversee the production of IPI publications and microfilming and reprography, as well as to
promote the publication of the Industrial Property Bulletin, including subscriptions to journals;
e) manage public relations for the IPI and the provision of information to users;
f) keep uptodate information on the new information technologies and propose the acquisition
of information technology (IT) equipment and products;
g) promote the development and improvement of software and other suitable IT applications in
the fields in which the IPI works, in particular with regard to bibliographical information and
the management of processes relating to patents, marks, registrations and deposits;
h) oversee the maintenance of the IPI’s IT equipment, in accordance with the applicable
technical standards;
i) carry out the security, verification and maintenance procedures necessary for the smooth
running of existing applications and ensure the correction of anomalies or breakdowns;
j) support users and manage the distribution of the IPI’s resources and IT network in
accordance with the needs of the services;
k) promote participation in national and international information networks with a view to setting
up and using document databases in the sphere of industrial property.
Subsection IV
Research Department
Article 17
Competences
The Research Department shall provide advisory services to the directors and bodies of the IPI in
the exercise of their competences and the fulfillment of their goals and duties, in particular in the
sphere of industrial property development policy and planning. In order to carry out these
activities, it shall be empowered to do as follows:
a) provide advice to the directors and bodies of the IPI on the performance of their duties and
the fulfillment of their goals and functions;
b) submit proposals leading to the definition of industrial property management policies;
c) propose investment priorities in line with the development strategies defined;
d) study and propose regulations concerning the functioning of the IPI;
e) propose the creation of special funds to ensure the development of industrial property;
f) prepare reports and work plans;
g) prepare regular audit reports on the activities of the IPI and evaluate progress made
concerning the work planned.
Subsection V
Legal Department
Article 18
Competences
The Legal Department shall be competent to:
a) provide legal advice to the DirectorGeneral of the IPI in the exercise of his duties and
ensure the legality of the actions taken by the IPI in the context of the granting and refusal of
industrial property rights;
b) issue opinions on relevant legal regulations;
c) in coordination with the officeholders of the bodies of the IPI, draw up regulations, draft
legislation, regulations, statutes, grounds for acceding to or ratifying agreements, and/or
protocols on industrial property;
d) take part in the negotiation of agreements, protocols and other legal instruments in
coordination with the DirectorGeneral;
e) represent the DirectorGeneral of the IPI in court in relation to any litigation or administrative
disputes that may arise from the actions of the IPI;
f) study and issue opinions on the legal regimes for the various forms of industrial property;
g) investigate the legislative measures concerning intellectual property, and in particular
industrial property;
h) compile and keep an uptodate database on intellectual property legislation, in particular
legislation on industrial property;
i) cooperate with the judicial and other competent bodies with regard to the development of
measures to prevent or punish unfair competition and counterfeiting in the sphere of the
usurpation of rights and the exclusive use of patents and distinctive commercial signs,
drafting opinions and reports and supplying any necessary information.
CHAPTER III
Financial and Administrative Management
Article 19
Legal regime
In the context of financial and administrative management, the IPI shall be governed by the
provisions of this Statute and other applicable legislation.
Article 20
Legallybinding acts in respect of the IPI
The IPI shall be bound by the signature of the DirectorGeneral.
Article 21
Acts and contracts
1. Deeds and contracts signed by the IPI, together with their revocation, rectification or
amendment, may be certified through private documents.
2. In the case of deeds subject to registration, private documents must contain recognition of the
signatures.
3. Documents through which the IPI formalizes any legal transactions, as well as documents it
has issued in conformity with the contents of the financial records of the IPI, may be enforced
against those shown by them to be debtors of the IPI, irrespective of any other formalities
required by law.
Article 22
Property
The property of the IPI shall consist of all the goods, rights and other assets it acquires in the
discharge of its duties through purchase, alienation or donation.
Article 23
Management tools
1. The management tools of the IPI shall consist of the following:
a) work and financial plans, both annual and multiannual;
b) annual budgets;
c) annual activity reports and annual accounts.
2. The accounts of the IPI must include an analytical component that ensures appropriate
budgetary control.
3. The IPI shall submit its management tools to the Minister responsible for approval.
Article 24
Revenue and expenditure
1. The following shall constitute the IPI’s own revenue:
a) the income from fees paid during the deposit and registration of patents, utility models,
industrial designs, marks, establishment names and emblems, logotypes, appellations of
origin, geographical indications and awards, and other amounts of a pecuniary nature that
may be assigned to it;
b) the proceeds from the sale of services or publications;
c) any other income that may be allocated to it by law or contract or for any other reason;
d) other amounts resulting from the alienation of its own assets.
2. The following shall constitute other revenue of the IPI:
a) funding allocations from the State Budget;
b) funding allocations, along with equity and subsidies bestowed upon it by any, public or
private entities, whether national or international;
c) gifts and grants made by individuals or collective bodies, whether Mozambican or foreign.
3.The expenditure of the IPI shall consist of the following:
a) its operating costs;
b) purchase and maintenance costs and other costs entailed in the performance of its duties.
Article 25
Allocation of funds and reserves
In allocating any financial surplus, the following reserves shall be set up as a minimum, with the
procedures for their use being approved by the Governing Board:
a) the Research Fund;
b) the Investment Fund;
c) the Fund for annual contributions to regional and international organizations.
- Decreto n.º 50/2003De 24 de Dezembro
- CAPÍTULO INatureza e atribuições
- Capitulo IIOrganização e funcionamento
- CAPITULO IIIGestão Financeira e Administrativa
BR Número 612 I SÉRIENÚMERO 52
Decreto n.º 50/2003
De 24 de Dezembro
Pelo Decreto n° 18/99 de 4 de Maio, o Governo aprovou o Código da Propriedade Industrial de Moçambique, criando assim, no território nacional, o direito positivo em matéria de protecção de marcas, patentes, modelos industriais, modelos de utilidade e de outros direitos de propriedade industrial. Pelo mesmo Decreto foi atribuído ao Departamento Central da Propriedade Industrial a competência de administrar provisoriamente aqueles direitos, enquanto se prepara a criação de um órgão específico, pelo Conselho de Ministros.
A importância crescente da propriedade industrial em Moçambique, torna urgente a criação do referido órgão que possa actuar com a necessária autonomia administrativa e financeira na administração de todo o sistema que norteia a criação, concessão, manutenção, extinção ou transferência