This article aims to describe the structural historical evolution of industrial property in Moçambique before and after the independence time. A legal and institutional structure of the industrial property system in Mozambique, was established in the colonial era. While that time, the administration of the industrial property system was centralized in Metropolis and protection and grant of industrial property rights were secured in Portugal as obedience of the current legislation at the time.
In legal terms, the industrial property finds its regulation in the Portuguese Industrial Property Code approved by Decree no. 30679 of August 24, 1940 extended to the overseas provinces by ordinance no. 17043 of February 24, 1959.
On the other hand, the Portuguese Civil Code approved by Decree-Law no. 47344 of November 25, 1966 extended to other overseas provinces by ordinance no. 22869 of December 28, 1967, refers to the protection of industrial property, in this case by establishing some basic principles.
With the country’s independence in 1975, the whole system of industrial property and the effective legislation, fell into disuse and became inapplicable. For this question for a long period in Mozambique there was no mechanism or system of industrial property.
In the economic system adopted by the Constitution of the Republic of Mozambique, 1975, the state had three purposes: planning; regulations; and Production.
Thus, the absence of the industrial property system in Mozambique during this period was irrelevant.
In 1986, the government introduced the Economic Recovery Programme – PRE which among other strategies, established the need for external financing through the World Bank and the Global Fund. Cooperation with these institutions brought a significant momentum in the economy, starting with the privatization of enterprises and state participation in the economy and finally including legal reform of the constitution itself.
Emerged in 1990 the second Constitution of the independent Republic which determined the indirect state intervention, and this eliminates the idea of being the main economic agent and becoming one side, promoter and regulator of the economy and the other establishing the principle of private initiative (pursuant to Article 97-C).
The same constitution recognizes the right of private property (Article 86), freedom of enterprise and national and foreign investment (Article 107 and 108) respectively.
In this scenario, the legal system of national regulation needed in industrial property, so by decree number. 18/99 of 04 May the Council of Ministers approves the first Code of Industrial Property in Mozambique.
With the entry into force of the Code of Industrial Property in Mozambique, the National Directorate of Industry under the Ministry of Industry and Trade, through the Central Office of Industrial Property-DCPI, initiated the administration and protection of industrial property rights and the Industrial Property Institute initiated its activities in 2004.