2025 Volume 2025 Issue 106 Pages 73-127
Mozambique’s Intellectual Property Rights (IPR) framework is governed by key legislation, notably the Copyright Law (Law No. 22/2022) and the Industrial Property Code (Decree No. 47/2015). These laws protect a variety of intellectual property types, including copyrights, trademarks, patents, industrial designs, and geographical indications. The Industrial Property Institute (IPI) and the National Institute of Book and Disc (INLD) are tasked with overseeing the administration and enforcement of these rights. Internationally, Mozambique is aligned with major agreements such as WTO TRIPS, WIPO, and the Paris and Berne Conventions. Despite the existence of a comprehensive framework, challenges remain, including low public awareness, piracy, and resource limitations. To fully benefit from IPR, especially in sectors linked to natural resources and the Sustainable Development Goals (SDGs), Mozambique must strengthen enforcement mechanisms and promote awareness. These efforts are essential to fostering innovation, attracting investment, and driving sustainable economic growth.
Mozambique’s economy has long relied on its abundant natural resources, including natural gas, coal, minerals, and agricultural potential. These sectors have driven economic growth but present sustainability challenges due to the volatility of global commodity markets. To ensure long-term economic resilience, Mozambique recognizes the need to diversify into knowledge-based sectors that promote innovation, technology, and creativity. In this context, Intellectual Property Rights (IPR) play a vital role in advancing sustainable development and fostering economic transformation.1
IPR safeguards intellectual creations such as patents, trademarks, copyrights, and geographical indications. Mozambique’s framework is guided by the Copyright Law (Law No. 4/2001) and the Industrial Property Code (Decree No. 47/2015). Recent reforms, including the 2022 Copyright Law update, reflect efforts to align with international standards and address digital piracy and counterfeiting. Despite these strides, Mozambique lags behind regional peers like South Africa and Kenya in IP registrations and innovation capacity. For instance, South Africa files around 7,000 patent applications annually, Kenya approximately 500, and Mozambique fewer than 100. This disparity underscores the need to strengthen Mozambique’s IPR infrastructure and leverage lessons from more advanced systems. These countries serve as valuable benchmarks due to their success in leveraging IP systems for economic growth and innovation, offering practical insights that Mozambique can adapt. Strengthening Mozambique’s IP infrastructure and increasing awareness of its potential could significantly boost innovation, industrial development, and global competitiveness, aligning with the Sustainable Development Goals (SDGs).2
Institutions such as the Industrial Property Institute (IPI) and the National Institute of Book and Disc (INLD) are pivotal to administering IPR and protecting local innovations. Mozambique’s commitment to global agreements like the Trade-Related Aspects of Intellectual Property Rights (TRIPS) demonstrates its intent to align with international standards, attracting foreign investment and enhancing global competitiveness and also enhances Mozambique’s integration into the global economy.(TRIPS Agreement, 1994, Article 41)
IPR offers transformative potential for Mozambique by adding value to its natural resources. Patents and trademarks can help establish higher-value industries in agriculture, biotechnology, and renewable energy, reducing reliance on raw material exports. A robust IPR framework also aligns with Sustainable Development Goals (SDGs), particularly SDG 9 (“Industry, Innovation, and Infrastructure”) and SDG 8 (“Decent Work and Economic Growth”), by fostering innovation, creating jobs, and reducing poverty. Enhanced protections for creative industries such as music, art, and film further contribute to economic diversification.
This study examines Mozambique’s IPR framework, institutional roles, enforcement challenges, and alignment with international agreements. It highlights IPR’s potential to drive economic development and achieve SDGs, identifying key gaps and offering recommendations to enhance protection and enforcement. By strengthening its IPR system, Mozambique can foster innovation, attract investment, and build a diversified, knowledge-driven economy.
Given the context above, this research aims to address the question: How can Intellectual Property Rights (IPR) contribute to Mozambique’s economic development, particularly in leveraging its natural resources andaligning with the Sustainable Development Goals (SDGs)?
This research will adopt a qualitative methodology, focusing on documentary analysis of existing legal frameworks, international treaties, and policy documents related to IPR. Additionally, interviews with legal experts will provide insights into the practical challenges and opportunities related to IPR implementation. Case studies from other resource-rich countries will also be examined to draw lessons and recommendations relevant to Mozambique.
Mozambique has made significant strides in developing a comprehensive legal framework for the protection of intellectual property rights (IPR). This framework is built on a combination of national laws and international treaties that Mozambique has ratified. The legal framework covers several types of intellectual property, including copyrights, patents, trademarks, industrial designs, utility models, and geographical indications. The framework is primarily structured around two key laws:
•Copyright Law (Law No. 22/2022): This new Copyright Law addresses digital content more comprehensively, including protections for works disseminated through the internet, audiovisual content, software, and databases. It strengthens enforcement mechanisms by enabling better regulation of online platforms, introducing penalties for digital piracy, and creating new provisions for digital rights management (DRM). This new law reflects the growing importance of digital works in Mozambique’s cultural and creative industries, which were previously left vulnerable under the 2001 law3.
•Industrial Property Code (Decree No. 47/2015): The Industrial Property Code (Decree No. 47/2015) is the primary legal framework governing the protection of industrial property in Mozambique. It regulates the registration and enforcement of intellectual property rights (IPRs) related to patents, trademarks, industrial designs, utility models, and geographical indications (GIs). This comprehensive code aims to foster industrial innovation, enhance the competitiveness of local industries, and attract both domestic and foreign investment by ensuring that inventions, brands, and designs are legally protected. The code aligns Mozambique’s industrial property regime with international treaties, including the World Trade Organization’s TRIPS Agreement and the Paris Convention.4
These laws are complemented by Mozambique’s participation in 215 international treaties, but here are some key intellectual property treaties:
1. Paris Convention for the Protection of Industrial Property (1883): The Paris Convention laid the foundation for the international protection of patents, trademarks, and industrial designs. Its principle of “national treatment” requires countries to grant IP protections to foreign applicants equivalent to those given to domestic applicants. Mozambique’s membership in this convention is crucial for creating a consistent IP environment, encouraging both domestic and international investment by ensuring legal protections for IP holders across borders. This fosters a stable environment for foreign enterprises to operate, knowing their rights will be upheld locally as per international standards.
2. Berne Convention for the Protection of Literary and Artistic Works (1886): The Berne Convention provides automatic copyright protection for literary and artistic works among its members, eliminating the need for formal registration. Mozambique’s adherence to this convention helps protect its cultural expressions on a global scale, allowing Mozambican creators to safeguard their works from unauthorized use abroad. Additionally, it enhances the potential for economic benefits from creative industries, which can play an important role in Mozambique’s cultural and economic development.
3. Patent Cooperation Treaty (WIPO) (1970): The PCT simplifies the patent application process by allowing inventors to file a single international patent application recognized in all PCT member states. For Mozambique, being part of the PCT means that local inventors or
companies can apply for patents internationally with reduced administrative costs. This significantly benefits local innovators seeking to protect and commercialize their inventions on a larger scale, aligning
with Mozambique’s goals of fostering innovation and attracting foreign investment.
4. Lusaka Agreement on the Creation of the African Regional Intellectual Property Organization (ARIPO) (1976): The Lusaka Agreement established ARIPO to enhance IP cooperation in Africa. As a member, Mozambique benefits from shared resources, expertise, and IP management tools, which reduce administrative burdens and allow the country to effectively uphold IP rights. Mozambique’s involvement with ARIPO provides a regional framework for registering and protecting IP, which is particularly important for local entrepreneurs who want to expand into African markets.
5. Harare Protocol on Patents and Industrial Designs Within the Framework of ARIPO (1982): The Harare Protocol, within the ARIPO framework, harmonizes patent and industrial design laws across member countries. Mozambique’s adherence to this protocol supports local innovators by offering a streamlined process for IP registration within the region. This benefits Mozambique by facilitating regional trade and helping Mozambican businesses expand with fewer barriers in African markets.
6. Madrid Protocol (WIPO) (1989): The Madrid Protocol allows for trademark protection across multiple countries through a single application. Mozambique’s participation in the protocol benefits domestic businesses by enabling them to safeguard their brand identity internationally. This streamlines brand protection, which is particularly valuable for Mozambican companies involved in export markets, making their trademarks more recognizable and protecting their market share.
7. Convention on Biological Diversity (UNEP) (1992): The CBD aims to preserve biological diversity and promote sustainable use of its components. Mozambique, with its rich biodiversity, benefits from this convention by implementing policies that safeguard its natural resources and local knowledge. The CBD also supports Mozambique’s goals of sustainable development and encourages global collaboration in preserving the environment and local biological resources.
8. Banjul Protocol on Marks Within the Framework of ARIPO (1993): The Banjul Protocol allows for regional trademark registration among ARIPO states, simplifying the trademark protection process for businesses operating across African borders. Mozambique’s participation in this protocol helps Mozambican businesses safeguard their brand identities and trademark assets across the region, encouraging cross-border trade and enhancing consumer trust in regional products.
9. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994): A key agreement within the World Trade Organization (WTO), TRIPS sets minimum standards for the protection of intellectual property rights, including patents, trademarks, and copyrights. It aims to create a balance between protecting IP and promoting access to knowledge and technology.
Mozambique has integrated TRIPS standards into its intellectual property policies and legislation, enhancing its appeal for foreign investment and supporting economic growth. A key example is Mozambique’s Industrial Property Code (Decree No. 47/2015), which aligns with TRIPS by covering patents, trademarks, and copyrights. This code also provides Mozambique with TRIPS flexibilities, allowing it to issue compulsory licenses to ensure public health needs are met affordably. This provision is especially crucial for Mozambique’s healthcare sector, addressing pressing issues like HIV/ AIDS and malaria by enabling the production or importation of generic drugs without infringing patent rights when necessary.
In terms of institutional support, Mozambique’s Industrial Property Institute of Mozambique (IPI) is the principal body responsible for managing IP rights, ensuring that national IP policies are in line with TRIPS standards. The IPI collaborates with the World Intellectual Property Organization (WIPO) and the African Regional Intellectual Property Organization (ARIPO) to improve Mozambique’s IP capabilities and to support regional cooperation, which helps attract investment by creating a more secure environment for IP holders. Additionally, the Ministry of Industry and Commerce plays a strategic role in balancing the promotion of local innovation and compliance with TRIPS, fostering an environment that attracts investment in key areas like agriculture and pharmaceuticals.
10. Mozambique’s pharmaceutical sector benefits directly from TRIPS flexibilities, specifically through policies aligned with the Doha Declaration on TRIPS and Public Health (2001), which allows for prioritizing public health over IP rights in emergencies. This declaration enables Mozambique to import or produce generic medicines, a critical measure for affordable healthcare in managing diseases prevalent in the country, like tuberculosis and HIV/AIDS. The flexibility in TRIPS helps Mozambique maintain essential access to medicines, supporting the nation’s healthcare goals and economic stability by balancing IP protections with urgent health needs.
11. Cartagena Protocol on Biosafety to the Convention on Biological Diversity (UNEP) (2000): The Cartagena Protocol promotes the safe transfer and handling of genetically modified organisms (GMOs) to protect biodiversity. For Mozambique, this protocol provides regulatory standards on GMOs, ensuring that new agricultural biotechnologies are introduced safely, thus contributing to food security while preserving native ecosystems.
12. Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits (2010): This protocol complements the Convention on Biological Diversity and establishes a framework for accessing genetic resources and sharing the benefits derived from their use, promoting fairness in bioprospecting and benefit-sharing.
The legal framework for IPR in Mozambique is designed to encourage innovation, protect creators and businesses, and attract foreign investment. However, despite the presence of these laws, challenges in enforcement, public awareness, and institutional capacity persist, which has hindered the full potential of Mozambique’s intellectual property system.
Copyright Law (Law No. 22/2022) History and EvolutionMozambique’s Copyright Law was first formalized in 2001 under Law No. 4/2001, which established foundational protections for literary, artistic, and scientific works. Over time, however, the need for an updated framework became evident due to the rapid digital transformation and the growing role of the internet and digital media in creative industries. The 2001 law did not adequately address issues such as digital piracy, internet-based distribution, and emerging forms of digital content6. As a result, the government revised the law, leading to the introduction of the new Copyright Law in 2022 (Law No. 22/2022), which addresses both traditional and modern forms of creativity7.
Scope of ProtectionThe 2022 Copyright Law broadens the scope of protection by explicitly including digital works and internet-based content, in addition to the categories covered under the 2001 law. These categories include:
Moral and Economic Rights•Literary works: books, articles, poetry, and other written works;
•Musical compositions: with or without lyrics;
•Artistic works: such as paintings, drawings, sculptures, and photographs;
•Cinematographic works and audiovisual creations;
•Software and computer programs;
•Dramatic and choreographic works;
•Architectural designs and works of applied art;
•Translations, adaptations, and derivative works;
•Digital works: multimedia, software, and internet content, explicitly protected under the new law;
•Databases: recognized as protectable intellectual property.
The new law maintains the dual structure of moral and economic rights while enhancing provisions for digital content.
Duration of Protection•Moral Rights: These remain inalienable and perpetual, providing creators with the right to.
•Economic Rights: These rights allow creators to financially benefit from their works and now include enhanced provisions for digital content.
The 2022 law retains the 50-year protection period for economic rights after the author’s death, aligning with international norms. However, the new law includes specific provisions for digital content, ensuring that digital works enjoy the same duration of protection. For corporate or legal entities, the 50- year protection period starts from the date of first publication.
Registration and AdministrationAs with the 2001 law, copyright protection under the 2022 law is automatic upon creation, without the need for formal registration. However, authors may still choose to register their works with the National Institute of Book and Disc (INLD) for additional legal certainty in the event of disputes regarding authorship or ownership. The new law also provides enhanced support for digital works registration to protect against online copyright violations.8
Enforcement and PenaltiesThe new Copyright Law (Law No. 22/2022) strengthens enforcement mechanisms, particularly regarding digital piracy and online infringement. Infringements, such as unauthorized reproduction, distribution, or public performance, can result in both civil and criminal actions:
•Civil remedies: Injunctions to stop further infringement, along with compensation for damages.
•Criminal penalties: Fines and imprisonment for severe offenses, with new penalties introduced for digital piracy and unauthorized dissemination of digital works.
The 2022 law introduces new monitoring mechanisms for online platforms, empowering authorities to act against internet-based copyright violations more effectively. It also emphasizes cooperation with international enforcement agencies to combat cross-border digital piracy.
Exceptions and LimitationsThe 2022 law retains key exceptions from the 2001 law but includes specific provisions for digital content.
•Fair Use: The use of copyrighted works for private study, research, criticism, and review remains permitted. However, the 2022 law introduces clearer provisions for digital works used for these purposes.
•Educational and Research Institutions: Limited copying for educational or research purposes is allowed, but the new law includes explicit guidelines for digital content, balancing access with protection.
The history of industrial property protection in Mozambique dates back to the early post-independence period when the country recognized the need to modernize its economic and legal systems. However, Mozambique’s Industrial Property Code was formally established with Decree No. 18/1999, marking the first attempt to regulate inventions, trademarks, and industrial designs. As Mozambique integrated into the global economy and joined international organizations such as the World Intellectual Property Organization (WIPO), the country recognized the need for a more modern and robust legal framework9. This led to the adoption of the Industrial Property Code (Decree No. 47/2015), which replaced the earlier legislation to address evolving needs, particularly those related to innovation, technology transfer, and industrial competitiveness. The 2015 Code also reflects Mozambique’s commitment to adhering to global standards and facilitating greater participation in international trade and investment.
Types of Industrial Property - Industrial Property Code (Decree No. 47/2015)The Industrial Property Code provides protection for various categories of industrial property, including:
1. Patents2. Trademarks➢Definition: Patents provide exclusive rights for inventions that are novel, involve an inventive step, and have industrial applicability.
➢Patentability: An invention must meet the following criteria:
✓ Novelty: It must be new and not disclosed to the public before the application.
✓ Inventive Step: It must represent a non-obvious improvement over existing technologies.
✓ Industrial Applicability: It must be capable of being used in industry or commerce.
➢Duration: Patents are granted for 20 years from the filing date, subject to annual renewal fees.
➢Rights Conferred: Patent holders have the exclusive right to prevent others from making, using, selling, or importing the invention without authorization.
3. Industrial Designs➢Definition: A trademark is a distinctive sign, logo, or symbol used to distinguish goods or services of one business from others.
➢Registration: Trademarks must be registered with the Industrial Property Institute (IPI) for legal protection. The registration process includes a search for similar marks and an assessment of distinctiveness.
➢Duration: Trademarks are initially registered for 10 years and are renewable indefinitely in 10-year increments.
➢Rights Conferred: The trademark owner has the exclusive right to use the mark in connection with the registered goods or services. Unauthorized use constitutes infringement.
4. Utility Models➢Definition: Industrial designs protect the aesthetic elements of a product, such as shape, color, or pattern, rather than its technical aspects.
➢Registration: Designs must be registered to be protected. To qualify, the design must be new and have an individual character.
➢Duration: Protection is granted for an initial period of 5 years, with the possibility of renewal for two additional 5-year terms, for a maximum protection period of 15 years.
Enforcement and Remedies➢Definition: Utility models, also known as “petty patents,” offer protection for minor inventions or improvements to existing products. These are especially useful for small and medium-sized enterprises (SMEs) that may lack the resources to pursue full patents.
➢Duration: Utility models are protected for 10 years.
➢Rights Conferred: Similar to patents, utility model holders have exclusive rights to prevent unauthorized use or commercialization of the protected invention.
5. Geographical Indications (GIs)
➢Definition: GIs protect products whose qualities or reputation are closely tied to their geographical origin, such as Mozambican cashews or specific regional handicrafts.
➢Rights Conferred: GIs prevent unauthorized producers outside the region from using the protected geographical name, ensuring that only genuine products benefit from the reputation of the region.
The Industrial Property Code (Decree No. 47/2015) outlines robust enforcement mechanisms to safeguard industrial property rights. Rights holders can seek relief through civil, criminal, and administrative channels:
Challenges in Enforcement•Civil Remedies: Injunctions can be issued to stop infringing activities, and damages may be awarded to compensate for financial losses caused by infringement.
•Criminal Penalties: Severe violations, such as counterfeiting, may result in fines or imprisonment.
•Administrative Actions: The Industrial Property Institute (IPI) plays a central role in overseeing registrations, resolving disputes, and ensuring compliance with the law. It also has the authority to impose administrative penalties for non-compliance.
Despite a comprehensive legal framework, Mozambique faces several challenges in enforcing industrial property rights:
Recent Developments•Lack of Awareness: Many businesses, particularly SMEs, are unfamiliar with the procedures for registering and enforcing their industrial property rights.
•Institutional Capacity: The Industrial Property Institute (IPI) often lacks adequate resources, resulting in delays in processing applications and resolving disputes.
•Counterfeiting and Piracy: Counterfeit goods remain a significant problem in Mozambique, particularly in urban centers. This issue undermines the value of intellectual property and poses risks to consumers.
The 2015 Industrial Property Code marked a significant improvement over its predecessor by including stronger protections for geographical indications and utility models, and by aligning more closely with international treaties. However, as Mozambique continues to develop its industrial base and attract foreign investment, there is a growing need for enhanced enforcement capacity and better awareness among businesses regarding the benefits of protecting their innovations and brands. Ongoing reforms and capacity-building initiatives are critical for ensuring that Mozambique’s industrial property system can effectively contribute to the country’s economic development.
Institutions Involved in IPR Administration and EnforcementIn Mozambique, the administration and enforcement of intellectual property rights (IPR) are primarily handled by specialized institutions, including the Industrial Property Institute (IPI) and the National Institute of Book and Disc (INLD). These bodies have distinct roles in the national IPR landscape and collaborate to foster innovation, protect local creative industries, and ensure compliance with national and international IPR standards.
Industrial Property Institute (IPI)The Industrial Property Institute (IPI), established under Mozambique’s Ministry of Industry and Commerce, is responsible for overseeing the registration, regulation, and protection of industrial property rights, including patents, trademarks, and geographical indications (GIs). IPI’s primary roles and responsibilities include processing applications for patents and trademarks, issuing certificates for these IP rights, and promoting public awareness about the importance of industrial property for national developmentalso tasked with supporting the enforcement of industrial property laws and providing guidance to policymakers on aligning national IP policies with international treaties, including the TRIPS Agreement. In this capacity, IPI collaborates with international organizations such as the World Intellectual Property Organization (WIPO) and the African Regional Intellectual Property Organization (ARIPO) to streamline IP processes and improve Mozambique’s IP landscape .
The IPI on local innovation and creativity is significant. By offering a formal process for protecting inventions and brands, IPI encourages businesses and individuals to invest in innovation. The assurance of protection helps attract foreign investors and fosters a more dynamic business environment, particularly in sectors such as agriculture, biotechnology, and renewable energy. Additionally, IPI’s work in promoting geographical indications for Mozambican products, like cashews, adds value to local goods and supports smallholder farmers by giving their products a unique market identity. This aligns with Mozambique’s Sustainable Development Goals (SDGs) by promoting inclusive economic growth and biodiversity .
National If Book and Disc (INLD)The National Institute of Book and Disc (INLD) focuses on copyright and related rights, particularly in the realm of literary and artistic works. INLD is responsible for registering and protecting copyrights, covering works such as books, music, films, and other creative outputs. INLD plays a crucial role in safeguarding the rights of Mozambican creators and ensuring that they receive proper recognition and compensation for their work. This protection supports the national cultural economy by encouraging the production and dissemination of local content .
Additionally, INLD has promoted awareness and education around copyright issues. By educating artists and creators on their rights, INLD helps combat piracy and protects the financial interests of those in the creative sectors. Its collaboration with other government entities, such as the Ministry of Culture and Tourism, also ensures that copyright protections align with broader cultural policies that promote and protect Mozambique’s diverse cultural heritage.
Coordination between IPR institutions and Impact on local innovation and creativityCoordination between IPR Coordination between IPI, INLD, and other relevant agencies is essential for a cohesive approach to IPR administration and enforcement. The Ministry of Industry and Commerce often plays a coordinating role to ensure that IP policies align across different sectors and adhere to international standards like the TRIPS Agreement. Additionally, IPI and INLD work together to address overlapping issues, such as promoting awareness of IPR among local businesses and artists and facilitating enforcement efforts to protect IP rights effectively. Regular inter-agency meetings, joint public campaigns, and shared initiatives—such as educational workshops on IPR for small and medium enterprises (SMEs)—illustrate the coordinated approach that strengthens Mozambique’s IP framework.
The Industrial Property Institute (IPI) and the National Institute of Book and Disc (INLD) significantly impact creativity and innovation in Mozambique by protecting intellectual property, which encourages local creators and innovators to develop unique products and content, confident in the knowledge that their efforts will be safeguarded.
For IPI, the protection it offers for patents, trademarks, and geographical indications fosters a more secure environment for innovators, particularly in fields like agriculture, biotechnology, and renewable energy, which are critical to Mozambique’s development goals. By securing intellectual property rights, IPI allows inventors and businesses to invest in research and development with reduced risk of intellectual property theft. This promotes local innovation as inventors know they can monetize their work without it being copied unfairly by competitors. The assurance of patent protection, in particular, helps attract international investors who see Mozambique as a safe environment for technological collaboration and investment in sectors such as energy and agricultural technology, thus driving economic growth and job creation in innovative sectorsInstitute of Book and Disc (INLD) plays a parallel role in fostering creativity by safeguarding copyrights for literary and artistic works, which is essential in the creative industries. INLD’s role in copyright registration and enforcement helps creators in music, literature, and film industries earn fair compensation for their work, which is essential for a thriving cultural economy. By educating artists about copyright protection, INLD empowers them to legally defend their creations, reducing piracy and ensuring that revenues are directed back to creators. This legal support incentivizes artists to produce original content, contributing to a diverse and dynamic cultural sector that attracts both local and international audiences, enhancing Mozambique’s cultural influence and economy .
The INLD also amplifies their impact. Joint initiatives to educate the public and small businesses about the importance of intellectual property rights have been instrumental in changing attitudes towards creativity and innovation. For example, workshops and campaigns target local entrepreneurs and artists, encouraging them to think of intellectual property as a valuable asset. This educational approach not only raises awareness about IP laws but also promotes an innovation-friendly ecosystem where creators and inventors can see intellectual property as a path to sustainable business growth.
In Mozambique, the enforcement of intellectual property rights (IPR) is a complex and multi-layered process, involving a range of administrative, judicial, and customs measures. Despite progress, there remain several challenges in effectively enforcing IPR, particularly in sectors vulnerable to counterfeiting and piracy. The primary institutions involved in IPR enforcement include the Industrial Property Institute (IPI), the judiciary, and the General Directorate of Customs, each playing distinct yet complementary roles.
Administrative Actions by the Industrial Property Institute (IPI)The Industrial Property Institute (IPI), as the main body overseeing industrial property rights such as patents, trademarks, and geographical indications (GIs), has a critical role in the administrative enforcement of IPR. One of its main responsibilities is ensuring the registration and protection of intellectual property, providing an avenue for rights holders to claim ownership of innovations and prevent unauthorized use. The IPI also acts as a regulatory body, guiding businesses and individuals on how to protect their creations and assisting with the resolution of disputes related to industrial property.
In cases of infringements, the IPI can initiate administrative actions such as issuing warnings, imposing fines, or revoking registrations when necessary. Additionally, the institute’s involvement extends to fostering awareness of IPR protection, particularly in encouraging local innovators to register their inventions and trademarks. By doing so, the IPI creates a protective environment that incentivizes innovation, providing legal certainty that intellectual property will be safeguarded from unauthorized exploitation. However, the effectiveness of administrative actions is sometimes limited by challenges such as insufficient staffing, underfunded operations, and a lack of public awareness of IPR processes, which can result in weak enforcement.
Judicial Actions and Civil CourtsMozambique’s legal framework for IPR enforcement includes the judicial system, particularly civil courts, which handle cases of infringement. When an IPR holder believes their rights have been violated—whether through the unauthorized use of a trademark, the sale of counterfeit goods, or the infringement of a patent—they can seek legal recourse through the court system. Civil actions are typically initiated by the rights holder, who must present evidence of the infringement to the court, and the judicial system can award remedies such as monetary compensation or injunctions to halt the infringing activity.
While Mozambique’s judiciary has made significant strides in recognizing and enforcing IPR, there are notable challenges. The court system’s capacity to deal with complex IP cases remains underdeveloped, with a shortage of specialized judges and limited knowledge of IPR issues within the judicial system (Medeiros, 2021). As a result, legal proceedings can be slow, and decisions may lack consistency. Furthermore, access to legal services remains a barrier for many local innovators and creators, particularly small businesses that are unable to afford the costs of litigation. Nevertheless, the judicial system has the potential to play a central role in the enforcement of IPR in Mozambique, provided there is an increase in the capacity of courts to handle such matters.
Customs Measures and Border EnforcementCustoms authorities also contribute significantly to the enforcement of IPR in Mozambique. As part of international agreements such as the TRIPS Agreement and the Paris Convention, Mozambique’s customs officers are authorized to take action against the import and export of counterfeit goods. The General Directorate of Customs plays a key role in preventing the entry of pirated goods into the country by intercepting shipments that may infringe on registered IPR. In practice, customs officers are expected to identify and seize counterfeit goods at border points, preventing them from reaching the domestic market.
While customs enforcement is critical to combating the proliferation of counterfeit products, Mozambique faces significant challenges in this area. One of the main obstacles is the lack of resources and training for customs officials, which limits their ability to effectively monitor and detect counterfeit goods. Furthermore, there is often inadequate coordination between customs and other IPR enforcement agencies, which hampers the effectiveness of border enforcement actions. Despite these challenges, customs measures remain an essential aspect of IPR protection, especially in industries such as pharmaceuticals, where counterfeit products can pose serious health risks.
Challenges Faced by Enforcement AgenciesEnforcement of IPR in Mozambique is not without its challenges, which hinder the effectiveness of administrative, judicial, and customs enforcement mechanisms. A primary issue is the lack of specialized training and resources for IPR enforcement agencies, which affects their ability to detect, investigate, and act on infringements effectively. Additionally, the judicial process is often slow and cumbersome, with intellectual property cases being delayed due to insufficient infrastructure and a backlog of cases. This is compounded by the lack of a cohesive approach to enforcement, as IPI, customs authorities, and the judiciary sometimes work in silos, leading to inefficiencies and missed opportunities for coordinated action.
Another challenge is the prevalence of counterfeiting and piracy in Mozambique, particularly in the music, film, and consumer goods sectors. These sectors are particularly vulnerable due to the high demand for cheap, illicit products and the lack of public awareness regarding the importance of IPR. As a result, enforcement agencies often struggle to combat widespread piracy and counterfeiting, which undermines the economic incentives for creators and businesses to invest in innovation. Moreover, limited access to legal services, particularly in rural areas, prevents many local creators from seeking redress for IPR violations.
Despite these obstacles, Mozambique has taken steps to improve IPR enforcement. The government has sought to improve coordination between IPI, the judiciary, and customs agencies, and there have been efforts to raise public awareness about the importance of intellectual property protection. Moreover, Mozambique’s membership in international treaties such as the TRIPS Agreement has led to an increased focus on developing better enforcement mechanisms in line with international standards (WIPO, 2020). Ultimately, strengthening IPR enforcement in Mozambique requires continued investment in both the institutional capacity of enforcement agencies and public education campaigns to foster respect for intellectual property rights.
The importance of intellectual property rights in Mozambique cannot be overstated, as they play a crucial role in the country’s economic, social, and cultural development. The significance of IPR can be explored through several key aspects:
1. Encouragement of Innovation and Technological Development:
Intellectual property rights, particularly patents, play a fundamental role in promoting innovation and technological development. By offering exclusive rights to inventors, the system provides a financial
incentive for individuals and companies to invest in research and development (R&D). In Mozambique, this is particularly important in sectors such as agriculture, energy, and telecommunications, where technological advancements can drive economic growth and improve living standards10.
2. Attraction of Foreign Direct Investment (FDI): Mozambique has positioned itself as an attractive destination for foreign direct investment, particularly in sectors such as natural resources, agribusiness, and infrastructure. A robust IPR framework enhances this attractiveness by providing legal certainty to foreign investors. Investors are more likely to bring cutting-edge technologies and products to a country if they are confident that their intellectual assets will be protected. This is particularly true for sectors like pharmaceuticals, biotechnology, and manufacturing, where intellectual property plays a critical role11.
3. Support for Small and Medium Enterprises (SMEs): Intellectual property rights are also essential for the growth of small and medium enterprises (SMEs), which are the backbone of Mozambique’s economy. SMEs often rely on their trademarks, patents, and trade secrets to differentiate their products and services from competitors. A well-functioning IPR system enables SMEs to protect their innovations, expand their market presence, and access financing, as intellectual property can serve as collateral for loans or attract investment12.
4. Promotion of Cultural and Creative Industries: Mozambique has a rich cultural heritage, and the protection of intellectual property is vital for fostering the country’s creative industries, including music, film, literature, and visual arts. The Copyright Law (Law No. 22/2022) provides creators with both moral and economic rights over their works, enabling them to control how their creations are used and ensuring they receive compensation. This protection is crucial for the growth of Mozambique’s cultural economy, which has the potential to contribute significantly to national income and job creation13.
5. Combating Counterfeiting and Piracy: A strong IPR framework is essential for combating counterfeiting and piracy, both of which are prevalent in Mozambique. Counterfeit goods, particularly in sectors like pharmaceuticals, pose serious health risks, while piracy in the creative industries undermines the livelihoods of artists and creators. Effective enforcement of IPR laws is necessary to curb these illegal
activities and protect consumers and businesses14.
6. Alignment with International Trade and Development Goals: Mozambique’s adherence to international intellectual property treaties, such as the TRIPS Agreement under the World Trade Organization (WTO), ensures that its IPR system is harmonized with global standards. This alignment facilitates international trade and investment, as businesses can operate in Mozambique with the same level of IPR protection they would expect in other countries. Moreover, the protection of intellectual property contributes to the achievement of the United Nations Sustainable Development Goals (SDGs), particularly SDG 9 (Industry, Innovation, and Infrastructure)15.
Intellectual Property Rights (IPR) are essential for fostering sustainable economic growth by safeguarding innovations and creative works, thereby allowing knowledge-based assets to be monetized16. For resource-rich nations like Mozambique, a strong IPR framework can unlock further value from natural resources and attract investments in sectors critical for sustainable development, such as agriculture, biotechnology, and renewable energy, which directly contribute to the Sustainable Development Goals (SDGs).
IPR and natural resources are closely connected when it comes to enhancing marketability and cultural value. For instance, geographical indications (GIs) provide added market value to Mozambican products like cashews and artisanal crafts, which are unique to the region. By protecting such products under GIs, Mozambique can help preserve the authenticity and cultural heritage of local goods, offering higher income to producers while promoting biodiversity. This approach aligns with SDG 12 (“Responsible Consumption and Production”) and SDG 15 (“Life on Land”).
How IPR can contribute to the SDGs in Mozambique:
•SDG 9 (“Industry, Innovation, and Infrastructure”): By fostering technological progress, IPR strengthens industrialization beyond traditional raw materials, supporting the development of sectors like agriculture, energy, and environmental management, thereby promoting diversified economic growth.
•SDG 8 (“Decent Work and Economic Growth”): The legal protections granted by IPR encourage businesses to commercialize ideas, supporting job creation, fair wages, and inclusive economic growth, particularly in emerging sectors such as biotechnology and renewable energy.
•SDG 2 (“Zero Hunger”): IPR incentivizes agricultural innovations that increase productivity and promote sustainable farming, thus bolstering food security in Mozambique.
•SDG 7 (“Affordable and Clean Energy”): Patents and other IP protections ensure that investments in renewable technologies, like solar and wind energy, are secure, supporting Mozambique’s goals for clean, affordable energy.
Mozambique can draw valuable insights from African countries with advanced IPR frameworks, such as South Africa and Kenya, where established IPR systems support natural resource management and sustainable development.
South AfricaSouth Africa has a comprehensive IPR system that includes protections for patents, trademarks, and geographical indications (GIs). The country’s experience in leveraging IPR for economic growth is evident in sectors like biotechnology, pharmaceuticals, and renewable energy. For example, patents for renewable energy technologies have supported South Africa’s clean energy goals under SDG 7 (“Affordable and Clean Energy”). Additionally, GI protections for products like Rooibos tea not only enhance marketability but also ensure that the economic benefits are shared with local communities, contributing to SDG 8 (“Decent Work and Economic Growth”)17.
South Africaʼs commitment to international agreements, including the TRIPS Agreement, alongside strong institutions like the Companies and Intellectual Property Commission (CIPC), has created a favorable environment for innovation and access to global markets.18
KenyaKenya has also made significant strides in developing its IPR system, particularly for agricultural innovations, directly contributing to SDG 2 (“Zero Hunger”) and SDG 7. Kenya’s protection for tea as a GI has added value to this export, benefiting smallholder farmers economically. The Kenya Industrial Property Institute (KIPI) further supports IP policy in areas like clean energy and agriculture, fostering sectoral innovation.19
Mozambique’s Path ForwardBy enhancing its IPR framework and learning from the experiences of South Africa and Kenya, Mozambique could increase the value of its natural resources through innovation and branding. Improving enforcement through institutions like the Industrial Property Institute (IPI) would ensure greater IP protection, attract foreign investments, and drive innovation in sustainable sectors¹³.
For instance, developing GI protections for unique Mozambican products could improve their international reputation and export potential, as seen with Kenyan tea and South African Rooibos tea¹⁴.
Mozambique’s economy is significantly driven by exports, notably cashew products, prawns, and manufactures, alongside other commodities like aluminium, electricity, and tobacc. The primary export markets include the Netherlands, South Africa, Portugal, and China. Despite once dominating the global cashew industry, holding a market share of 35-40%, Mozambique’s cashew sector has faced challenges due to inefficiencies and economic reforms in the 1980s. However, the sector has still seen growth in recent decades, reflecting its resilience.20
This context is relevant to the broader discussion of Mozambique’s economic development and the case study on the potential of cashew nuts for Geographic Indications (GI) protection. The cashew industryʼs historical importance, alongside its export challenges, highlights both the opportunities and complexities involved in leveraging Mozambique’s natural resources, particularly in the context of sustainable development and intellectual property strategies like GIs. The case study further analyzes how protecting Mozambican cashew nuts under GIs could stimulate economic growth and enhance the global competitiveness of local agricultural products.21
Mozambique’s cashew nut industry is recognized for its unique characteristics, such as its distinct flavor profile and superior quality, which are largely attributed to the country’s specific environmental conditions and traditional farming methods. These factors make the cashew nuts grown in Mozambique stand out in the global market. The possibility of protecting Mozambican cashew nuts under Geographic Indications (GIs) presents a valuable opportunity for economic development and international recognition, as it would allow for the differentiation of Mozambican cashews from those produced in other regions.22
The concept of Geographic Indications (GIs) is based on the principle that products with specific qualities tied to a particular geographical region can be legally protected. GIs provide a mechanism for preserving the cultural heritage and traditional production methods of a region, while also offering consumers a guarantee of quality. The case of Mozambican cashew nuts highlights how a GI could serve as a tool for distinguishing these products in the competitive global market. By obtaining GI protection, Mozambique could increase the market value of its cashews, benefit from better consumer recognition, and guard against the misuse of its geographical name.23
However, despite Mozambique’s involvement in international intellectual property frameworks, such as the TRIPS Agreement, the country lacks an effective legal infrastructure to support the registration and protection of GIs. This presents a significant barrier to the formal recognition and legal protection of Mozambican cashew nuts under intellectual property law. The absence of such a framework has hindered the potential for cashews from the region to fully capitalize on the advantages of GI protection.24
International examples of successful GI systems for cashew nuts, such as those in India and Vietnam, illustrate the potential benefits that Mozambique could derive from implementing a similar system. Both countries have leveraged GIs to increase the market value of their cashew products, opening up new opportunities for rural farmers and contributing to the economic development of the agricultural sector. By examining these cases, Mozambique can learn valuable lessons about the implementation of GIs and tailor a system that suits its own unique needs.25
The economic benefits of GI protection for Mozambican cashew nuts are significant. Not only could GIs help secure premium prices in both domestic and international markets, but they could also provide a platform for sustainable agricultural practices, contributing to rural development. GI protection could ensure that traditional farming methods are preserved, creating a pathway for environmentally and socially responsible production practices. Moreover, GIs could foster greater collaboration between producers, consumers, and policymakers, creating a more sustainable and equitable cashew industry.26
Despite the potential advantages, several challenges remain in the path toward establishing a robust GI system in Mozambique. Among the obstacles are the lack of awareness of GIs among local producers and consumers, as well as the absence of institutional structures for the registration and enforcement of GIs. To address these challenges, it is crucial that Mozambique establishes a comprehensive legal framework for GIs and educates producers on the benefits of registration. Government support, legal expertise, and the active participation of stakeholders will be key to the successful implementation of a GI system for Mozambican cashew nuts.27
This case study highlights the important considerations for implementing a GI system for Mozambican cashew nuts, drawing from international examples to guide the process. By fostering a supportive legal environment and promoting awareness of GIs, Mozambique can ensure that its cashew industry reaches its full potential, contributing to the country’s economic growth and the preservation of its agricultural traditions.
Comparative Analysis: Kenya’s Tea Industry and Mozambique’s Cashew Nut under Geographic Indications (GIs)The experiences of Kenya’s tea industry and Mozambique’s cashew nut sector offer valuable insights into the potential of Geographic Indications (GIs) to enhance agricultural value chains, boost export revenues, and improve farmer livelihoods.
Mozambique’s Cashew Industry and Potential GIMozambique’s cashew industry, once a world leader, faces significant challenges due to economic reforms and inefficiencies. However, introducing GI protection for Mozambican cashews could revitalize the sector. The unique characteristics of Mozambican cashews—derived from specific climatic and soil conditions—make them prime candidates for GI status. GI protection could help address issues of market access, price volatility, and quality control, ensuring that farmers and producers receive a fair share of the value chain. Moreover, such protection would help differentiate Mozambican cashews in international markets, similar to the impact seen in Kenya’s tea sector .
The linkage between Mozambican cashew nuts and the Sustainable Development Goals (SDGs) is significant. GI protection for these cashews could foster SDG 2 (Zero Hunger) by promoting agricultural sustainability and enhancing food security through the protection of high-quality agricultural products. Additionally, SDG 8 (Decent Work and Economic Growth) would benefit, as smallholder farmers would be able to access higher-value markets, increasing their incomes and boosting rural development. Furthermore, SDG 12 (Responsible Consumption and Production) is directly linked, as GI protection ensures traceability and sustainability of production practices, preventing environmental degradation and enhancing market competitiveness.
Comparative Benefits and ChallengesBoth Kenya and Mozambique share the potential for rural development and economic empowerment through GIs. However, while Kenya’s tea sector benefits from strong institutional frameworks and government support, Mozambique would need to address gaps in its IP enforcement, quality standards, and marketing strategies to fully leverage GI protections. Additionally, Kenya’s experience highlights the importance of coordinated efforts among government bodies, industry stakeholders, and international partners, a model Mozambique could emulate to enhance the competitiveness of its cashew industry.
Key Comparisons
1. Institutional Support and Coordination:
✓ In Kenya, strong institutional frameworks, such as KTDA and KIPI, have played a pivotal role in GI registration and promotion. These bodies provide technical assistance, market intelligence, and logistical support to farmers.
✓ Mozambique could replicate this model by strengthening its institutional capacity through partnerships with organizations like the National Institute of Industrial Property (IPI) and the Ministry of Agriculture.
2. Market Impact:
✓ GIs have enabled Kenyan tea producers to penetrate niche markets and achieve price premiums, benefiting smallholder farmers economically.
✓ For Mozambique, GI protection could similarly elevate the status of its cashew nuts in global markets, promoting economic development and improving rural livelihoods.
3. Challenges and Opportunities:
✓ Both industries face challenges in terms of enforcement and awareness. While Kenya has made strides in promoting GIs, it continues to combat counterfeits and ensure compliance with quality standards.
✓ Mozambique must address similar issues, particularly in creating awareness among producers and consumers about the benefits of GIs.
Kenya and Mozambique present compelling case studies for leveraging Geographical Indications (GIs) to enhance the value and market positioning of their respective agricultural products. Below is a detailed comparative analysis, with a focus on institutional frameworks, market impact, and challenges.
1. Institutional Support and Coordination - Kenyaʼs tea industry benefits from strong institutional frameworks, notably the Kenya Tea Development Agency (KTDA) and the Kenya Industrial Property Institute (KIPI). KTDA supports over 600,000 smallholder farmers through technical assistance, training, and market intelligence. This agencyʼs role is vital in ensuring that Kenyaʼs specialty teas meet quality standards required for GI registration. KIPI, on the other hand, oversees the registration of GIs and intellectual property (IP) rights, ensuring legal protection for Kenyan tea in domestic and international markets .28
Mozambique’s cashew industry lacks similar robust institutional support. The country could benefit from strengthening its National Institute of Industrial Property (IPI) and fostering partnerships with the Ministry of Agriculture. By replicating Kenya’s coordinated approach, Mozambique could enhance its cashew nut industry’s competitiveness and secure GI status, improving product differentiation and protection against counterfeits.
2. Market Impact - Kenya’s success in GI registration has allowed its tea producers to penetrate niche markets, achieving price premiums. GI recognition enhances the productʼs reputation and quality assurance, translating to higher incomes for smallholder farmers. For instance, specific Kenyan teas, such as Kericho Gold, have gained a competitive edge in European and Asian markets due to their GI-protected status .29
In Mozambique, GI protection for cashew nuts could similarly elevate the productʼs global standing. Given that Mozambican cashew nuts are already known for their unique flavor and quality, GI registration could help secure higher market prices, attract investment, and promote rural development by improving farmers’ livelihoods.
3. Challenges and Opportunities - Both industries face challenges in terms of enforcement and awareness. Despite Kenyaʼs progress, it continues to battle counterfeit products and ensure strict adherence to GI standards. The government and private stakeholders actively engage in promoting GI benefits among farmers and consumers to sustain compliance .30
Mozambique must address similar hurdles, particularly in raising awareness about GIs and improving enforcement mechanisms. Collaboration with international organizations, such as the World Intellectual Property Organization (WIPO), could aid in capacity building and technical support. Strengthening legal frameworks and consumer education will be critical for maximizing the benefits of GI protection.
Kenyaʼs experience demonstrates the transformative potential of GIs when backed by strong institutional frameworks and strategic market positioning. Mozambiqueʼs cashew nut industry has an opportunity to replicate this success by investing in institutional capacity and seeking GI registration. This strategy could drive economic growth, foster rural development, and safeguard the country’s agricultural heritage.
The prevalence of counterfeit medicines poses a severe threat to public health, with the World Health Organization (WHO) estimating that up to 10% of global pharmaceutical products are counterfeit, with even higher rates—ranging from 50% to 70%—in developing countries like Mozambique. These fake medicines contribute significantly to mortality rates, particularly in cases of treatable diseases such as malaria and tuberculosis, where counterfeit drugs are responsible for hundreds of thousands of avoidable deaths annually.31
The lack of robust IP protection exacerbates this issue by creating a regulatory vacuum that facilitates the production and distribution of counterfeit drugs. Weak drug regulatory control, an erratic supply of genuine medicines, and extended, unregulated distribution chains allow counterfeit products to infiltrate markets. Moreover, limited enforcement capabilities and fragmented customs operations hinder the effective monitoring and seizure of counterfeit goods.
Efforts to combat this problem have involved collaboration with international organizations. The WHO and other bodies have provided technical support to strengthen Mozambique’s regulatory framework and enforcement mechanisms. These initiatives aim to enhance the capacity of customs and judicial systems to identify and intercept counterfeit products. However, the challenges persist, highlighting the necessity of integrating IP protection within broader public health strategies to ensure the availability of safe and effective medicines.32
The enforcement of Intellectual Property Rights (IPR) in Mozambique’s pharmaceutical sector provides a critical case study on public health and counterfeit drug challenges. The prevalence of substandard and falsified (SF) medical products in Mozambique and the broader Southern African region undermines public health efforts, posing significant risks due to the proliferation of ineffective or harmful treatments.
The World Health Organization (WHO) highlights that SF medical products often contain incorrect or toxic ingredients, lack active ingredients, or are produced in unsanitary conditions. These products not only fail to treat medical conditions but can exacerbate them, leading to severe health outcomes, including fatalities. Commonly targeted products include anti-malarials and antibiotics, crucial in Mozambique’s healthcare landscape given its disease burden.33
To combat this issue, Mozambique collaborates with international bodies like WHO under frameworks such as the Global Surveillance and Monitoring System. This initiative aids in identifying and reporting counterfeit incidents, facilitating rapid responses and policy development. Strengthening the judicial and customs systems is central to Mozambique’s strategy, as border control remains a critical point for intercepting counterfeit imports.
South Africa’s pharmaceutical sector has made significant strides in improving regulatory oversight, primarily through the establishment of the South African Health Products Regulatory Authority (SAHPRA). This institution was set up to address the inefficiencies of its predecessor, the Medicines Control Council (MCC). SAHPRA’s mandate includes ensuring the safety, efficacy, and quality of medicines while also tackling the influx of counterfeit drugs. Key strategies include reliance pathways, which facilitate collaboration with international regulatory bodies like the European Medicines Agency and the WHO to streamline drug approvals.34
The linkage between South Africa’s pharmaceutical regulatory framework and Sustainable Development Goals (SDGs) is clear. By protecting public health and improving access to quality medicines, SAHPRA’s actions align with SDG 3 (Good Health and Well-being). Furthermore, the use of IPR enforcement strategies helps safeguard innovations in the pharmaceutical sector, which can fuel economic growth, contributing to SDG 8 (Decent Work and Economic Growth). The strengthening of regulatory systems also supports SDG 9 (Industry, Innovation, and Infrastructure) by creating a more robust and competitive industry.
In contrast, Mozambique’s efforts in regulating pharmaceuticals remain nascent. The country faces similar issues with counterfeit drugs but lacks a robust institutional framework comparable to SAHPRA. The Mozambican National Institute of Industrial Property (IPI) oversees IP but needs stronger collaboration with health authorities and international bodies to effectively combat counterfeiting.
Market and Health ImpactSouth Africa’s strengthened regulatory environment has enhanced public health by curbing counterfeit drugs, which previously posed significant risks. SAHPRAʼs strategies, including prioritizing high-risk applications and clearing regulatory backlogs, have improved access to genuine medicines and fostered industry confidence.35
For Mozambique, the rampant circulation of counterfeit medicines undercuts public trust in healthcare. Strengthening IP enforcement in this sector could improve health outcomes and attract investments in the pharmaceutical industry. Leveraging GIs in pharmaceuticals, akin to South Africaʼs branded approach in certain drug categories, could bolster market trust and drive economic gains. Mozambique’s focus on enhancing its pharmaceutical IP system would directly contribute to SDG 3, ensuring better access to legitimate medicines, which in turn improves public health outcomes. Additionally, aligning with SDG 17 (Partnerships for the Goals), Mozambique could benefit from international partnerships and technical support to build a more resilient regulatory system.
Challenges and OpportunitiesBoth countries grapple with capacity constraints. While South Africa is enhancing SAHPRA’s workforce and infrastructure, Mozambique must develop institutional capabilities and public awareness regarding IPR. Establishing partnerships with international organizations, as South Africa has done, could be instrumental in bridging regulatory gaps.
The key challenge for Mozambique lies in institutional development. Mozambique’s lack of a well-established regulatory framework for pharmaceuticals hinders progress. Drawing from South Africa’s model, Mozambique could collaborate with international organizations like WHO and WIPO to develop more effective IP enforcement mechanisms in the pharmaceutical sector. This strategy would be directly aligned with SDG 9 (Industry, Innovation, and Infrastructure), as strengthening the regulatory infrastructure would lay the foundation for growth in the pharmaceutical industry and innovation. It would also support SDG 10 (Reduced Inequality) by ensuring that all segments of the population have access to quality healthcare, regardless of their income level.
This case underscores the importance of robust regulatory frameworks and international cooperation in IPR enforcement to safeguard public health. It also illustrates the broader implications for sustainable development, as protecting IP in pharmaceuticals ensures the availability of effective treatments, aligning with Mozambiqueʼs goals under the Sustainable Development Goals (SDGs). This nexus between IPR enforcement and public health offers fertile ground for further research, particularly concerning how improved legal frameworks and enforcement mechanisms can bolster both economic and social outcomes. South Africa’s experience demonstrates the pivotal role of robust regulatory frameworks and international collaboration in addressing counterfeit drugs. Mozambique could adopt similar models, with tailored strategies to suit its socio-economic context, to enhance IPR enforcement in the pharmaceutical sector.
Addressing Challenges and Charting Future Directions for IPR in MozambiqueMozambiqueʼs journey toward developing a robust intellectual property system is one marked by significant potential and equally important hurdles. As the country strives to diversify its economy away from its reliance on natural resources, addressing the challenges surrounding intellectual property rights (IPR) is essential for fostering innovation and driving sustainable economic growth. This section explores the key areas where Mozambique can improve its IPR framework to promote a culture of innovation and align it with broader economic development goals.
Enhancing Public Awareness and Education on IPRA critical starting point for strengthening IPR in Mozambique is raising awareness. Many individuals and businesses are unaware of the value and protections afforded by intellectual property rights, often viewing them as a distant, complex concept. To overcome this, Mozambique could invest in education programs that introduce IPR at an early age, much like the initiatives promoted by the World Intellectual Property Organization (WIPO) across Africa. 36 Integrating IPR into school curricula could ensure that future generations are well-equipped to navigate the complexities of intellectual property. Furthermore, educating small and medium enterprises (SMEs) through targeted workshops could empower them to better protect their innovations. Public campaigns showcasing successful Mozambican entrepreneurs who leveraged IPR could also serve as a practical, inspiring example of how IP can drive both creativity and economic development.
Strengthening Institutional Capacity and InfrastructureThe effective management of IPR requires strong, well-resourced institutions. In Mozambique, while the Industrial Property Institute (IPI) and the National Institute of Book and Disc (INLD) are tasked with enforcing IP protections, they often face challenges related to capacity and resources. Strengthening these institutions will require not only greater financial investment but also technological upgrades. Digitizing registration processes, similar to the platforms implemented in South Africa, could streamline the application process and make IPR protection more accessible to Mozambican innovators . Moreover, Mozambique could benefit from deeper collaboration with regional bodies such as ARIPO (African Regional Intellectual Property Organization), which could provide technical support and facilitate knowledge sharing. By modernizing infrastructure and enhancing institutional capacity, Mozambique could establish a more efficient and effective IPR system, laying the groundwork for sustained innovation and economic growth.
Combating Piracy and CounterfeitingPiracy and counterfeiting represent significant obstacles to the development of a vibrant IPR ecosystem in Mozambique, particularly in creative sectors such as music, film, and literature. These illegal activities not only undermine the efforts of local creators but also discourage foreign investment. While Mozambiqueʼs recent Copyright Law (2022) introduced stronger legal protections, more needs to be done to combat these pervasive issues. Drawing inspiration from Kenya’s successful anti-piracy initiatives, Mozambique could adopt a multi-pronged strategy that includes public-private partnerships, increased enforcement at borders, and the use of technology to track and prevent infringement . Public awareness campaigns highlighting the societal and economic costs of piracy could shift consumer behavior, fostering a greater respect for intellectual property. The success of these initiatives will ultimately depend on the cooperation of all stakeholders, including government agencies, industry groups, and consumers.37
Building Judicial Capacity in IP DisputesAn often-overlooked aspect of intellectual property is the judicial system’s ability to effectively resolve IP disputes. In Mozambique, the lack of specialized knowledge in intellectual property law can hinder the resolution of complex cases. To address this, the Mozambican judiciary should invest in capacitybuilding programs focused on IPR. Initiatives like those supported by the Southern African Development Community (SADC) could provide muchneeded training for judges, lawyers, and legal professionals to better understand and apply international treaties such as the TRIPS Agreement.38 Specialized courts or IP divisions within existing courts could expedite the resolution of disputes, creating a more predictable and fair environment for IP owners. A judiciary well-versed in IP law would not only boost confidence among domestic innovators but also attract international investors seeking legal certainty.
Aligning IPR Policies with Natural Resource Management and Economic Development GoalsMozambique’s economic future lies not just in its natural resources but in the ability to innovate and create value from them. IPR can play a pivotal role in this transformation. Geographical indications (GIs), for instance, offer the potential to market local products—such as Mozambican coffee or cashew nuts—on the global stage, much like South Africa has done with rooibos tea. By protecting the unique characteristics of these products, Mozambique can capture higher value in international markets, creating a win-win for local communities and the broader economy . Furthermore, Mozambique’s resource-rich sectors, such as agriculture and renewable energy, stand to benefit from patenting innovative technologies that enhance productivity, reduce environmental impacts, and contribute to sustainability. Aligning IPR policies with economic development goals and the Sustainable Development Goals (SDGs), particularly SDG 9 (“Industry, Innovation, and Infrastructure”) and SDG 8 (“Decent Work and Economic Growth”), will help diversify the economy, reduce dependency on raw material exports, and foster a more resilient, knowledge-based economy.
The future of intellectual property in Mozambique is filled with both challenges and immense opportunities. By enhancing public awareness, strengthening institutional frameworks, combating piracy, building judicial expertise, and aligning IPR policies with the country’s economic development goals, Mozambique can create an environment conducive to innovation. These steps, though ambitious, are necessary for the country to leverage its intellectual and natural resources, driving both economic resilience and sustainable growth. The path to a more diversified economy—one that values intellectual creation as much as natural resource extraction—lies in embracing the full potential of intellectual property.
Mozambique, with its rich natural resources, has long relied on sectors such as mining, agriculture, and energy for its economic growth. However, as the country faces the unpredictable nature of global commodity markets, there is an urgent need to diversify its economy. Intellectual Property Rights (IPR) offer a crucial opportunity in this transformation, enabling the country to foster innovation, create high-value industries, and reduce its reliance on the export of raw materials. While Mozambique has made notable progress in updating its IPR framework, several challenges persist. These include limited public awareness of IPR, insufficient institutional capacity, and weak enforcement mechanisms, which together hinder the country’s ability to fully leverage its intellectual assets. When compared to regional leaders like South Africa and Kenya, Mozambique’s IPR system still falls short, which limits its potential to drive innovation and attract foreign investment.
To strengthen Mozambique’s IPR system, several key actions are needed. Public education and awareness campaigns are essential to build a culture of respect for intellectual property, particularly in schools and universities, where the next generation of innovators is being trained. In parallel, the institutional infrastructure responsible for administering IPR must be strengthened, both in terms of human resources and technological capacity. This will ensure that the process of registering and enforcing intellectual property is efficient and accessible. A particular focus should be placed on combatting piracy and counterfeiting, which continue to undermine the economic value of intellectual creations. In addition, strengthening the judicial system and building capacity among legal professionals will help ensure that IP laws are properly enforced, providing creators with the protection they need to innovate and invest in new ideas.
Aligning IPR policies with broader national economic development goals will be critical for Mozambique’s future. Sectors such as agriculture, biotechnology, and renewable energy offer immense potential for value-added innovation, which can be protected and commercialized through IPR. This alignment can contribute to the achievement of key Sustainable Development Goals (SDGs), particularly SDG 9, which focuses on building resilient infrastructure, fostering innovation, and promoting sustainable industries, and SDG 8, which targets decent work and economic growth. By developing and protecting innovations in these sectors, Mozambique can create industries that enhance the value of its natural resources, reduce dependency on raw exports, and contribute to a more sustainable, diversified economy.
However, to truly maximize the potential of IPR, Mozambique must also explore the intersection of intellectual property protection and marketing. Marketing plays an essential role in the commercialization of intellectual property. Beyond securing legal protection, innovators need to effectively market their products to attract investment, create brand recognition, and ultimately reach global markets. Marketing strategies that align with IPR protections can help increase the visibility and commercial potential of locally developed products. This is particularly important in a global economy where intellectual assets are central to business success. Therefore, future research could explore how marketing can be used as a tool to not only enhance the value of intellectual property but also support its commercialization in international markets. Such research would provide valuable insights into how Mozambique can leverage its intellectual property to establish strong, marketable brands that generate sustainable economic growth.
In conclusion, while Mozambique has made strides in developing its intellectual property rights (IPR) framework, significant challenges remain in fully leveraging its intellectual assets. By addressing gaps in awareness, enforcement, and institutional capacity, and aligning IPR policies with broader economic goals, Mozambique can build a more diversified and resilient economy. Learning from Kenya and South Africa, Mozambique can prioritize awareness campaigns, strengthen institutions, and focus on commercialization to foster innovation and attract investment.
Marketing as a tool for IPR commercialization offers a critical avenue for future research. By bridging the gap between innovation and market access, marketing can ensure Mozambique’s intellectual property gains global recognition and economic value. This holistic approach, combining policy reform, capacity building, and marketing, will help Mozambique transform into a knowledge-driven economy, unlocking sustainable growth and development.
1 African Economic Outlook, 2023, p. 11. Available at
2 World Intellectual Property Organization (WIPO), Global Innovation Index 2023, p. 21-24, World Intellectual Property Organization (WIPO), World Intellectual Property Indicators 2023, p. 57-59.
3 Copyright Law (Law No. 22/2022)
4 Industrial Property Code (Decree No. 47/2015)
5 This are the 21 International Treaties:
6 Copyright Law (Law No. 4/2001);
7 Copyright Law (Law No. 22/2022);
8 Copyright Law (Law No. 4/2001), Copyright Law (Law No. 22/2022;
9 Government of Mozambique, Industrial Property Code (Decree No. 18/1999);
10 Industrial Property Code (Decree No. 47/2015), TRIPS Agreement (1994).
11 Ibid.
12 TRIPS Agreement (1994).
13 Copyright Law (Law No. 22/2022)
14 Berne Convention for the Protection of Literary and Artistic Works (1886), TRIPS Agreement (1994)
15 TRIPS Agreement (1994), Paris Convention for the Protection of Industrial Property (1883)
16 Intellectual Property Rights (IPR) and Sustainable Development, page 5-6.
17 https://carmientea.co.za/rooibos-now-recognized-as-a-geographical-indicator-gi-by-theeuropean-commission/; https://www.bizcommunity.com/Article/196/641/117056.html;
18 https://www.wipo.int/web/inventor-assistance-program/w/news/2024/creating-valuefrom-ip-in-south-africa;
19 KIPI STRATEGIC PLAN 2023-2027;
20 Chambaze, Edgar, The Suitability of Mozambican Cashew Nuts to be Protected Under Geographic Indications, Page 4.
21 Ibid.
22 Ibid Page 2.
23 Ibid, Page 3.
24 Ibid, Page 4-5.
25 Ibid, Page 5-6.
26 Ibid, Page 7.
27 Ibid, Page 8.
28 Kenya Tea Development Agency Website; Brian Kipkoech, Vlad llie Isarie, International Journal of English Literature and Social Sciences Vol-7, Issue-1; Jan-Feb, 2022.
29 Brian Kipkoech, Vlad llie Isarie, International Journal of English Literature and Social Sciences Vol-7, Issue-1; Jan-Feb, 2022;
30 Kenya Tea Development Agency Website;
31 KRISTINA M. LYBECKER, Counterfeit Medicines and the Role of IP in Patient Safety,
32 Ibid;
33 World Health Organization;
34 Spotlight, The Plan to Revive Medicines Regulation in South Africa; South Africa Health Products Regulatory Authority, SAHPRA Clarifies Process for Importation of Medicines.
35 Spotlight, op cit.
36 Southern African Development Community (SADEC), WIPO.
37 SADC.
38 Ibid.
