Surishta Chetamun and Marius Schneider of IPvocate Africa have in June 2018 co-authored an article on national exhaustion in Mauritius for the Journal of Intellectual Law & Practice published by Oxford University Press.

The principle of national exhaustion has been (re)confirmed in a judgement of the Supreme Court of Mauritius in Unilever PLC v Matrix impex Ltd dated 23/11/2017. The Court held that it is the right holder who must provide the required consent for the importation of the products in Mauritius. In this case, the Mauritian importer bought the goods from a subsidiary of the right holder in Singapore, however the Court was quick to point out that even a wholly owned subsidiary cannot bind the right holder.  This asserts the principle that the importation of products bearing a trade mark is only possible with the express or implied consent of the trade mark owner. This decision further strengthens the protection of trade marks in Mauritius.

You can have access to the full article using the following link here.

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