Mozambique accedes to the Banjul Protocol

As anticipated as long ago as 2016, Mozambique has finally acceded to the Banjul Protocol (the instrument which provides for the registration of trade marks at ARIPO), bringing the total membership to this Protocol up to eleven countries.

According to a post on ARIPO’s website (which can be accessed here), Mozambique deposited its Instrument of Accession with ARIPO on 15 May 2020. It will therefore be possible to designate Mozambique in ARIPO trade mark applications from 15 August 2020.

As Mozambique’s Industrial Property Code of 2015 already makes provision for the recognition of ARIPO registrations, there should not be any doubt about the enforceability of such registrations in Mozambique. It remains to be seen, however, whether ARIPO applications designating Mozambique will be examined within the timeframe allowed for this, and on the same level as national applications.

This is a positive development and simplifies the acquisition of registered rights in Africa for trade mark owners. We now await the accession of the other countries that we have been expecting to join soon.

By Adré Pretorius, Trademark Attorney