Intellectual Property and Technology
Intellectual Property and Technology
Acting for leading Mauritian and global brands, our team advises on regulatory compliance, drafting IT contracts and assisting clients with their problem solving when there are disputes. We also support our clients to identify and manage risks when they decide to outsource part of the activities using cloud-based services.
With our extensive experience in protecting the brands and other intellectual property rights of businesses across a range of sectors, including banking, fashion, hotels, technology and pharmaceuticals, we regularly act for high-profile clients in these sectors.
We also act for our clients before the Industrial Property Office, ranging from trade mark opposition proceedings and in IPRs breach and breach of confidence cases before the Supreme Court through to liaising with the Customs enforcement with respect to import and export of goods in contravention of clients intellectual property rights.
In addition, we have a wealth of experience advising on data protection law compliance, including on international data transfers, privacy and data security. We assist clients handling data breaches, including cyber security incidents and advising them on their reporting obligations.
Our Expertise
- Disputes covering the full spectrum of intellectual property rights – ranging from complex patent actions to all forms of dispute relating to trademarks, passing off, copyright, database rights, design rights and breach of confidence claims.
- IP related agreements - includes trademark licensing, distribution agreements, sponsorship agreements and franchising deals.
- Transactional work - includes advising on M&A, disposals and joint ventures where technology or brands are integral to the transaction, structure or value.
- Expert advice on practical implications of the Data Protection Act
Key Contacts
Recent Works
Intellectual Property
- Acted for a leading international pharmaceutical company with respect to border control enforcement of its intellectual property rights.
- Acted for leading multinational technology companies with respect to the enforcement of their trade mark rights.
- Acted for Red Bull GmbH in connection with the unlawful importation of its products in Mauritius.
- Advised Toyota Jidosha Kabushiki Kaisha in connection with the registration of its trademark in Mauritius, including making representations before the Industrial Property Office.
- Advised an internationally renowned garment company based in the United States on franchising law in connection with its proposed entry on the Mauritian market.
- Acted for a local insurance company in connection with an alleged breach of the trademark of a US company on a social networking website.
- Advised a leading international French company in the fashion industry on franchising law.
- Acted for an international hotel brand in connection with the misuse of its trade mark.
Technology and Fintech
- Advising an international company on the tokenization of carbon credits.
- Regularly advising a leading domestic financial institution on the legal and regulatory implications of outsourcing part of its activities on the cloud.
- Advised a leading American technology company that focusses on search engine technology and cloud computing on its global payment service.
- Advised a leading international company on its proposed internet payment system.
- Advised an international Fintech company on its cloud-based global banking application platform built on the blockchain with respect to Mauritian law compliance.
- Advised a leading international US-based social network company on the law enforcement powers under the cybercrime law and data protection law of Mauritius.
- Advised a European financial institution on the data protection implication of providing clients web access to their bank statements electronically on servers hosted in Mauritius.
- Reviewed a fintech collaboration agreement for our client with a US-based company for the provision of micro-finance facilities in Africa.
Data Protection and Cybersecurity
- Advising companies based in the European Union with respect to the Mauritian Data Protection Act for their compliance with the decision of the Court of Justice of the European Union in Schrems II.
- Conducted a data protection due diligence for a leading international web services provider.
- Conducted a data protection due diligence for a leading international bank having a presence in Mauritius and in Africa.
- Advised a leading hotel brand having a presence in Mauritius, the Seychelles and Morocco with respect to its data protection law compliance.
- Conducted a data protection compliance exercise for a leading social networking service provider.
- Drafting and reviewing data protection policies for domestic and international clients.
- Assisted a leading international technology company in connection with a personal data breach.
- Advised an international reinsurance company with respect to a data incident at a leading insurance company in Mauritius and on a cyber insurance claim submitted by an insured.
- Acted for an international bank for the recovery of funds following an electronic fraud.
- Regularly provides legal assistance to controllers with respect to data breach notifications to the Data Protection Office