1. Background
Mauritius deposited its Instrument of Accession to the Harare Protocol on 27 May 2025, thereby becoming the 21st ARIPO Member State to adopt the Protocol. The Protocol formally entered into force for Mauritius on 27 August 2025, from which date applicants may designate Mauritius in patent, utility model, and industrial design applications filed through ARIPO. This development strengthens the ARIPO framework as a centralised regional IP filing mechanism, extending its geographic reach to an important Indian Ocean jurisdiction with a growing innovation-driven economy.
2. Practical Implications for Applicants
- Designation of Mauritius in ARIPO Applications
From 27 August 2025, applicants filing patents, utility models or designs at ARIPO may designate Mauritius alongside other ARIPO members in a single filing. This eliminates the need for a separate national application at the Mauritian Industrial Property Office, thereby reducing costs and administrative burdens.
- Direct Filing by Mauritian Nationals
Mauritian nationals and residents will be able to file directly with ARIPO in Harare, gaining access to a streamlined regional IP protection system. This development may increase cross-border filings from Mauritius and position the jurisdiction as a more active player in African innovation.
- Exclusions – Trademarks
Mauritius has not acceded to the Banjul Protocol (which covers ARIPO trademarks). Therefore, trademark protection in Mauritius will continue to require national filing or reliance on the Madrid System. Clients should be made aware that the benefits of ARIPO coverage extend only to patents, designs, and utility models at this stage.
3. Strategic Considerations for Clients
- Regional Efficiency
Clients with operations or interests in Mauritius may now achieve broader territorial protection through a single ARIPO filing. This streamlines regional strategies, particularly for technology-driven industries such as ICT, pharmaceuticals, renewable energy, and financial technology, where Mauritius is a recognised hub.
- Cost Savings and Procedural Simplicity
By avoiding separate national filings, applicants may benefit from lower filing and prosecution costs, harmonised procedures, and a more predictable administrative process.
- Strengthening Enforcement Prospects
Although Mauritius already has an advanced IP regime, its inclusion in ARIPO enhances the enforceability of rights regionally, particularly where clients seek multi-jurisdictional protection across Southern and Eastern Africa.
- Portfolio Management
Existing IP portfolios may need to be reassessed to determine whether new filings or ARIPO designations for Mauritius are advisable. Clients may also consider re-evaluating their innovation pipelines in light of this expanded regional coverage.
4. Recommendations
- For Current Applicants: Where clients already file through ARIPO, future filings after 27 August 2025 should consider including Mauritius as a designated state.
- For Potential Applicants in Mauritius: Clients conducting business or investment in Mauritius should now view ARIPO as the preferred route for patent and design protection.
- For Trademark Holders: Clients should be reminded that trademarks in Mauritius remain outside the ARIPO framework, and national or Madrid filings remain necessary.
- For Portfolio Reviews: It would be prudent to review existing IP strategies to ensure alignment with this development, particularly for clients with regional growth ambitions.
5. Conclusion
Mauritius’s accession to the Harare Protocol is a significant milestone in the evolution of African IP protection. It expands ARIPO’s scope, enhances efficiency for applicants, and aligns Mauritius more closely with regional innovation and investment objectives.
For Namibian and regional clients, this creates a strategic opportunity to secure broader, more cost-effective IP protection while consolidating filings under the ARIPO system.
Authored by: Helene Cronjé
Email: helene@cronjelaw.com
Head of Intellectual Property
Member of the International Trademark Association (INTA)and the International Association for the Protection of Intellectual Property (AIPPI)
GENERAL DISCLAIMER
The contents of this document shall not be construed as legal advice. The reader hereof takes note that the contents of the Act are subject to interpretation and such interpretation includes inherent risks as opinions might differ. Should legal advice on any specific matter pertaining to the act be required, instructions are to be given to provide a legal opinion on the relevant subject matter.
