Section 7: Patent claims
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
7. Patent claims
(1) Subject to subsections (2) and (3), no seizure or detention shall be
made and no proceedings shall lie in respect of—
(a) an aircraft; or
(b) spare parts and spare equipment for an aircraft making a lawful
entry into, or in lawful transit through Mauritius,
on the ground that the construction, mechanism, or a part or accessory of
the aircraft or of the spare part or spare equipment infringes a patent protected by the law of Mauritius.
(2) Subsection (1) shall have effect only in respect of—
(a) an aircraft registered in a State Party to the Convention, or such
other aircraft as the Minister may approve; and
(b) a spare part or spare equipment sold or distributed in Mauritius.
(3) Where it is alleged by an interested person that an aircraft, other than
an aircraft to which subsection (1) applies, which is in Mauritius, infringes in
itself or in any part of it any patent protected by the law of Mauritius, the
Supreme Court may, on motion, order the detention of the aircraft until the
owner of the aircraft deposits, or gives security for, a sum with the Registrar
in respect of the alleged infringement.
(4) The sum specified in subsection (3) shall be of an amount agreed between the parties, or, in default of agreement, of such amount as may be
fixed by the Supreme Court.