– The Industrial Property Act 2019, in force since January 31, 2022.
– The Industrial Property Regulations 2022, in force since January 31, 2022.

Definition: “Geographical indication” means an indication which identifies a product as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin.

Extent of protection: protection will be available whether or not the geographical indication has been registered. It will be unlawful to use any means in designating or presenting a product, which indicate or suggest that the product originates in a geographical area, other than the true place of origin, in such a manner as to mislead the public.

Effect of registration: registration will raise a presumption that the registered indication is a valid geographical indication.

Applicant: any person carrying on an activity as a producer in the geographical area specified in the application, with respect to the product specified in the application, will have the right to file an application for registration.

Applicants not living in the country: an applicant whose ordinary residence or principal place of business is outside Mauritius, must be represented by a legal practitioner resident and practicing in Mauritius.

The Authority: applications are to be filed with the Controller of the Industrial Property Office.

Filing requirements for an application will have to specify:
1. Name, address and nationality of the person filing the application and the capacity in which that person is applying for registration;
2. The geographical indication;
3. The geographical area to which the indication applies;
4. The products to which it applies;
5. The quality, reputation or other characteristic of the products.

Examination procedure: the Controller will examine the application for compliance with statutory requirements and if found in order the application will be published.

Opposition: may be filed within the prescribed period by any interested person. There is provision for a counter-statement and a hearing but not, it appears, for an exchange of evidence. The Controller has then to decide. His decisions can be appealed to the Industrial Property Tribunal and thence to the Supreme Court.

Grant and publication: in the absence of opposition or on conclusion of an opposition in the applicant’s favor, the Controller will register the geographical indication, issue a certificate and publish the registration.

Duration - renewal: ten years from the filing date; renewable indefinitely for further periods of ten years.

Right of use of registered indication: no person, other than a producer carrying on activity in the specified geographical area, shall have the right to use a registered geographical indication in the course of trade with respect to the specified products.

Cancellation and rectification: any interested person may apply for cancellation of a registration on the ground that it does not qualify for protection; or for its rectification on the grounds that the geographical area specified in the registration is incorrect or that the registered indication of products is missing or unsatisfactory.

Invalidation: any interested person may apply to the Tribunal for the invalidation of a registered geographical indication.