Counterfeit Goods: A Critical Situation In Mozambique

The production of counterfeit goods is common in the trademark field as it is a business opportunity based on the consumer’s inability to identify second-generation goods. Laws surrounding this activity include:

• Article 177(1) of the Mozambican Industrial Property Code (Decree 47/2015), which defines the ‘production of counterfeit goods’ as an infringement committed by an entity that counterfeits a registered trademark without authorisation from the owner, uses a counterfeit mark or exports, imports, sells, puts on sale or circulates products or articles containing a counterfeit mark;

• Article 73(d) of the Mozambican Industrial Property Code, which stipulates that it constitutes an industrial property violation; and