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.
[1] Document IP/C/5
i Honourable Jagatsingh v Honourable Boodhoo 1981 MR 357