Section 40: Rights conferred by registration
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
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.