2 Honourable Jagatsingh v Honourable Boodhoo 1981 MR 357
3 21. Rights conferred by patent (1) Any exploitation of the patented invention in Mauritius by 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 means— (a) where the patent has been granted in respect of a product— (i) the making, importing, offering for sale, selling and using of the product; (ii) stocking such product for the purposes of 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 an 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 Mauritius or 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.
4 32. Rights conferred by registration (1) The exploitation of a registered industrial design in Mauritius by 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 Mauritius by 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.
5 40. Rights conferred by 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 Mauritius by the registered owner or with his consent.
6 56. Offences (1) Unless otherwise provided under this Act, any person who – (a) without the express authorisation of the author or owner of the copyright – (i) publishes, distributes or reproduces a work for commercial purposes; (ii) performs a work for the public for gain or against remuneration; (iii) communicates a work to the public for gain or against remuneration ; (iv) broadcasts a work for gain or remuneration; (v) makes a derivative work for gain or against remuneration; (vi) imports, otherwise than exclusively for his own private and personal use, sells, exposes or offers for sale or hire, or has in his possession in the course of trade, any copy of a work which constitutes an infringement of the copyright of its owner, or would constitute such an infringement if the copy of the work were made in Mauritius; (b) without the express authorisation of the owner of the related rights, infringes the exclusive rights of performers, producers of phonograms and broadcasting organisations for gain or against remuneration; (c) manufactures, imports for sale or rental, or provides such services as offering for sale, rental or distribution any device or means which is – (i) specifically designed or adapted to circumvent any device or means intended to prevent or restrict reproduction of a work or to impair the quality of any copy made thereof; or (ii) susceptible to enable or assist in the reception or further distribution of an encrypted program, which is broadcast or otherwise communicated to the public, by a person who is not entitled to receive the program; (d) has in his possession in the course of trade any apparatus, article or thing, knowing that it is to be used for making infringing copies of a work or for a purpose referred to in subsection (b); (e) intentionally or recklessly deprives the copyright owner or author of his rights, for gain or against remuneration, shall commit an offence. (2) For the purposes of subsection (1)(a), where a work is communicated to the public on the premises of an occupier by the operation of any apparatus which is provided by or with the consent of the occupier of those premises, the occupier shall be deemed to be the person communicating the work to the public, whether he operates the apparatus or not. (3) (a) Any person who commits an offence shall – (i) on a first conviction, be liable to a fine not exceeding 300,000 rupees and to imprisonment for a term not exceeding 2 years; (ii) on a second or subsequent offence, be liable to a fine not exceeding 500,000 rupees and to imprisonment for a term not exceeding 8 years. (b) Notwithstanding any other enactment, the Magistrate of the Intermediate Court shall have exclusive jurisdiction to try any person at first instance charged with an offence under this Act. (4) The Court before which a person is convicted of an offence may, in addition to any other penalty imposed – (a) order the forfeiture of any apparatus, article or thing which is the subject matter of the offence or is used in connection with the commission of the offence; (b) order that such apparatus, article or thing shall be delivered up to any person lawfully entitled to it.