Approved by the Republic Assembly in March and published in the Diário Oficial in June, Decree No. 9/2022 comes into force on 26th September 2022. The new decree revokes Decree No. 4/2001 and updates the issue of copyright and neighbouring rights in Mozambique.
According to article 9 of the new law, copyright belongs to the intellectual creator of the work and is recognised regardless of registration or any other formality, with the exception of some cases specified in the law, namely title of undisclosed work, title of periodical publication, literary or artistic name.
Although dispensable for legal protection, the registration of a work is highly recommended because it creates a legal presumption of work’s ownership, in addition to defining a date of creation of the same, which can be especially useful information in case of unauthorised uses made by third parties
Currently, the entity responsible for this purpose is the National Institute of Cultural and Creative Industries, IP (INICC, IP), a public institute that is part of the Ministry of Culture and Tourism, and, within the scope of its powers provided for in article 6 of Decree No. 23/2019, of 28 March, ensures the protection of copyright and neighbouring rights and the implementation of legislative rules on the matter.
For further questions on the protection of copyright and neighbouring rights in Mozambique, please contact Inventa Mozambique: maputo@inventa.com.
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