- April 14, 2023
- Posted by: Aurélie
- Category: companies act
Over the past years, Mauritius has become a favorite destination for the setting up of offshore companies for many reasons. These include a favorable tax regime, including a 15% corporate tax rate, an advanced legal system, not to mention its strategic location in the Indian Ocean. However, there are certain aspects to be tackled seriously, and securing intellectual property rights (IPRs) is one of them. Let’s see why.
Mauritius offers several offshore company structures, including Global Business Companies (GBCs), trusts, and limited liability companies (LLCs). GBCs are, by far, the most popular offshore company structure in Mauritius – they can be used for a wide range of business activities, such as trading, investment holding, and consultancy services. Trusts, on the other hand, are commonly used for wealth management, estate planning, and asset protection. LLCs provide a separate legal personality for the company, protecting the personal assets of shareholders from any liabilities incurred by the company.
In short, Mauritius is an attractive location for offshore company formation, allowing them to conduct international business operations in a more flexible way and benefit from a range of incentives at the same time, including those mentioned above.
Intellectual property refers to creations of the mind, including inventions, literary and artistic works, trademarks, and other distinctive signs used in commerce. Protecting these rights can provide a competitive advantage to offshore businesses and prevent unauthorized use or reproduction of their intellectual property in a foreign land.
Intellectual Property Rights (IPRs) are of paramount importance in Mauritius, thanks to the country’s strategic location, favorable tax regime, and well-developed legal system. It’s worth noting that Mauritius is a signatory of several international treaties and agreements aimed at promoting and protecting intellectual property rights, such as the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), among others.
To date, Mauritius has a strong legal framework for the protection of intellectual property rights, including the Industrial Property Act and the Copyright Act. The Industrial Property Act provides for the registration and protection of patents, trademarks, industrial designs, and geographical indications, while the Copyright Act provides for the protection of literary and artistic works.
One of the main reasons why offshore entities should register their intellectual property in Mauritius is to secure exclusive rights and prevent infringement. In fact, registering trademarks, patents, and industrial designs in Mauritius guarantees offshore entities legal protection against unauthorized use or reproduction of their creations. It can also prevent other individuals or entities from misusing these creations without authorization. This helps safeguard a company’s reputation and competitive advantage.
But that’s not all! Besides registering their intellectual property, companies should also take steps to protect their trade secrets and confidential information. This usually includes the implementation of internal policies and procedures to safeguard sensitive information and entering into confidentiality agreements with employees, suppliers, and business partners.
Intellectual property infringement is a serious issue that should also be considered thoroughly when structuring offshore entities in Mauritius, as elsewhere in the world. Counterfeiting, patent infringement, and copyright piracy are some of the potential risks that can negatively affect a company’s operations. By conducting due diligence on potential business partners and suppliers, monitoring for potential infringement, and taking legal action when necessary, offshore entities in Mauritius can mitigate or avoid these risks.
In conclusion, the protection of intellectual property rights is crucial when structuring offshore entities in Mauritius. By prioritizing the protection of their intellectual property, these structures are likely to benefit from the country’s favorable business environment and well-developed legal system in all possible ways and position themselves for long-term success in the global marketplace.