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Section 2: Interpretation

Patents, Industrial Designs And Trademarks Act

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

2. Interpretation In this Act— “approved agent” means an agent approved by the Minister; “competent authority” means the Permanent Secretary of the Ministry; “Controller” means the Controller of Industrial Property Office referred to in section 3; “industrial property” includes— (a) “geographical indications” as defined under section 2 of the Geographical Indications Act; (b) “layout-designs of integrated circuits” as defined under section 2 of the Layout-Designs (Topographies) of Integrated Circuits Act; and (c) “patent”, “invention”, “industrial design”, “trade mark”, “trade name”, “service mark” and “collective mark” as defined under sections 11, 27 and 35 of this Act; “industrial property enactments” means the Patents, Industrial Designs and Trademarks Act, the Geographical Indications Act, the LayoutDesigns (Topographies) of Integrated Circuits Act and the Protection against Unfair Practices (Industrial Property Rights) Act; “International Classification” means— (a) as regards industrial designs, the classification according to the Locarno Agreement of October 8, 1968 (as last revised) establishing an International Classification for Industrial Designs; (b) as regards marks, the classification according to the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, of June 15, 1957; “law practitioner” has the same meaning as in the Law Practitioners Act; P4 – 2 [Issue 1] Revised Laws of Mauritius “Minister” means the Minister to whom responsibility for the subject of international trade is assigned; “Ministry” means the Ministry responsible for the subject of international trade; “Office” means the industrial Property Office referred to in section 3; “Patent Co-operation Treaty” means the Patent Co-operation Treaty done at Washington on June 19, 1970; “Paris Convention” means the Paris Convention for the Protection of Industrial Property of 1883; “priority date” means the date of the earlier application that serves as the basis for the right of priority provided for in the Paris Convention; “registers” means the registers referred to in section 6 (1); “Tribunal” means the Tribunal for Industrial Property established under section 9; “unfair practice” has the same meaning as in the Protection Against Unfair Practices (Industrial Property Rights) Act; “World Trade Organisation” means the World Trade Organisation established under the Marrakesh Agreement 1994. PART II – INSTITUTIONAL FRAMEWORK

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