A contrafacção em Moçambique: uma análise do impacto económico e jurídico e a percepção social do fenómeno

Abstract

Mozambique is a rule of law that cares about safeguarding essential rights in the lives of its citizens. The falsification of goods of various types such as food, clothing, cosmetics, security items, among many others, is a reality that currently takes on highly worrying contours in the country, bringing consequences such as damage to the national economy, health problems and financial losses and to the reputation of the holders of the original brands. The verification of cases of infringement of industrial property, especially trademark counterfeiting, constitutes a practice that justifies effective legal protection, with a view to combating this issure. That is why, at a national level, there is a legal framework made up of the CRM and several infra-constitutional diplomas such as the Civil Code, the Industrial Property Code and the organic laws of institutions such as the IPI, the INAE, the MP and the Courts, which is expected to be suitable for solving the problem. At an international level, the Paris Convention for the Protection of Industrial Property stands out, the Convention establishing the World Intellectual Property Organization, the Madrid Agreement of 1891 and its respective Protocol of 1989, referring to the International Registration of Trademarks and the Agreements on Aspects of Intellectual Property Rights related to trade. This regulatory framework is expected to be suitable for triggering the civil and criminal liability of offending agents, in addition to the preventive actions that should be the responsibility of mainly supervisory institutions, as they are endowed with imperial power in relation to all other subjects involved in this problem, whatever, brand holders and consumers.