CHECKLIST OF ISSUES ON ENFORCEMENT^[1]

Responses from mauritius

Civil and Administrative Procedures and Remedies

        (a)    Civil judicial procedures and remedies

1.    Specify the courts which have jurisdiction over IPR infringement cases.

Under Section 53 of the Copyrights Act 2014, the Supreme Court is given, without prejudice to other remedies that are available, jurisdiction to grant special remedies for breach of copyright. The Patents, Industrial Designs and Trademarks Act does not confer jurisdiction upon a specific court to hear IPR infringement cases. However, being given the nature of the remedy sought (typically an injunction) and the amount of damages involved (typically in excess of 500,000 rupees), such cases are normally heard by the Supreme Court. However, nothing would prevent the Intermediate Court from hearing a claim not exceeding 500,000 rupees or the District Court from hearing a claim not exceeding 50,000 rupees.