Intellectual Property, Technology & Virtual Assets
IP protection, Technology agreements, VASP licensing and tokenisation.
SC Legal advises on intellectual property, technology and virtual assets in Mauritius. We protect and enforce trademarks, patents, designs and copyright under the Industrial Property Act 2019, draft technology and data agreements, and act for licence applicants, virtual asset service providers (VASPs), token issuers and investors under the Virtual Asset and Initial Token Offering Services Act 2021 (the VAITOS Act).
Technology businesses usually need all three at once: IP they own, contracts that let them use and sell it, and a regulatory licence where they handle other people's assets. We advise across all three.
Intellectual property
The Industrial Property Act 2019 governs patents, utility models, industrial designs, trademarks and geographical indications in Mauritius, administered by the Industrial Property Office. Copyright in software, content and creative works arises without registration. We advise on:
- Trademark clearance, filing, opposition and renewal.
- Patent and design protection for Mauritian and foreign owners.
- Ownership of IP created by employees and contractors.
- Infringement claims and defences, including urgent injunctions before the Judge in Chambers.
- IP licensing, assignment and franchising.
Technology agreements and data
We draft and negotiate software licences, development and SaaS agreements, hosting and outsourcing contracts, and data sharing and processing agreements. Businesses that process personal data in Mauritius must comply with the Data Protection Act 2017, which closely follows the EU GDPR. We advise on lawful processing, cross-border transfers, data subject rights and breach response.
Virtual assets: the full licensing lifecycle
- Licence class scoping and applications across the five VASP licence classes: Virtual Asset Broker-Dealer (Class M), Virtual Asset Wallet Services (Class O), Virtual Asset Custodian (Class R), Virtual Asset Advisory Services (Class I) and Virtual Asset Market Place (Class S), including hybrid models requiring several classes and the capital requirements that follow.
- Initial token offerings: registration of ITO issuers with the Financial Services Commission (FSC), white papers and offer documents, and the governing body sign-off and ongoing disclosure obligations the Act attaches to them.
- Token classification: opinions on whether an instrument is a security token under the Securities Act 2005 or a virtual asset under the VAITOS Act, including hybrid, asset-backed and Shariah-compliant structures.
- FSC Rules compliance: capital and financial requirements, custody of client assets, client disclosure, cybersecurity, advertisements, statutory returns and the travel rule.
- AML/CFT frameworks under the Financial Intelligence and Anti-Money Laundering Act 2002: customer due diligence, MLRO arrangements, business risk assessments, travel rule implementation and independent audit support.
- Cross-border structuring of Africa- and Asia-facing virtual asset business through Mauritius, including interaction with foreign regimes such as the EU's MiCA regulation.
A token project is, at once, a capital raising, a corporate structure and a regulatory perimeter question. Read our guide to the VAITOS Act 2021.
Frequently asked questions
How do I register a trademark in Mauritius?
File an application with the Industrial Property Office under the Industrial Property Act 2019, identifying the mark and the classes of goods or services. The application is examined and published for opposition, then registered if no successful objection is made. Registration must be renewed periodically.
Who needs a VASP licence in Mauritius?
Anyone who, in or from Mauritius, carries on a virtual asset business covered by the VAITOS Act, such as exchanging, transferring, safekeeping or advising on virtual assets, or operating a virtual asset market place. Operating without a licence is a criminal offence.
Is my token a security or a virtual asset?
It depends on the rights it carries. A token giving equity, debt, profit-share or similar investment rights is a security under the Securities Act 2005. A digital representation of value without those rights, which can be traded or used for payment or investment, is a virtual asset under the VAITOS Act.
Does the Data Protection Act 2017 apply to my business?
It applies to controllers and processors that process personal data in Mauritius, including foreign-owned businesses operating here. It sets conditions for lawful processing, data subject rights, security and transfers of personal data outside Mauritius.
