Mozambique is a party to the Patent Cooperation Treaty (PCT).

Mozambique has a copyright regime under the Copyright Act. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 9-20 lists the exceptions, which include reproduction for private purposes; reproduction in the form of a quotation; use for educational purposes; among others.

Mozambique has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Mozambique has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

There is no comprehensive regulatory framework for trade secrets in Mozambique, but the Industrial Property Code covers general principles applicable to trade secrets. Art. 213.3 considers it an offence of unlawful competition to remove, disclose or use confidential data or information relating to the production or use of certain products or processes or relating to the provision of services of a competitor without their consent and in a manner which is contrary to honest commercial practices, provided that such information is secret, in the sense that it is not known or easily accessible to persons in circles that usually deal with the kind of information in question, either as a whole or in the specific configuration and assembly of its components; has a commercial value because it is secret; has been subject to reasonable precautions, taken by the person lawfully in control of the information, under the circumstances, to keep it secret.

It is reported that there is an obligation for passive infrastructure sharing in Mozambique to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.

Tmcel - Moçambique Telecom SA, a state-owned enterprise, was once the monopoly holder in the telecommunications sector but has since lost its dominant position. Despite its state ownership, Tmcel no longer leads the market, with Vodacom SA now commanding the largest market share, holding 49% of subscribers.

Mozambique is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

In February 2020, Mexico’s Instituto Federal de Telecomunicaciones (IFT) issued guidelines under Technical Provision IFT-012-2019, which entered into force in February 2021 and has been reported to create a significant barrier to trade for mobile telecommunications products. Reports indicate that the framework may delay time-to-market by requiring in-country testing for Specific Absorption Rate (SAR). It is also reported that the applicable requirements rely on standards considered outdated compared with more recent guidance from the International Electrotechnical Commission (IEC)/Institute of Electrical and Electronics Engineers (IEEE), as well as the International Commission on Non-Ionizing Radiation Protection (ICNIRP). In addition, the rules reportedly entail duplicative testing and may create bottlenecks, as Mexico has only a limited number of accredited facilities capable of performing the required tests.

It is reported that the conformity procedures of the Agreement, under which the Plenary of the Federal Telecommunications Institute issues the Conformity Assessment Procedure for Telecommunications and Broadcasting, contain worrying language requiring the sharing of test reports that may contain in-depth confidential information about ICT products.

Mexico does not apply a horizontal de minimis threshold, which is the minimum value of goods below which customs do not charge duties, across all trading partners. Yet, Rule 3.7.35 of the General Foreign Trade Rules for 2025 provides duty relief to specific, origin-based categories. For shipments from the United States and Canada, the de minimis threshold for customs duties is USD 117, while for countries covered by certain trade agreements, including Panama, the Pacific Agreement, and the Trans-Pacific Partnership, the applicable de minimis threshold is USD 1.

Under Mexico’s Value Added Tax Law (LIVA), non-resident suppliers of digital services without an establishment in Mexico are subject to specific compliance obligations. In particular, Art. 18-D(VI) requires such suppliers to appoint a legal representative and provide an address in Mexican territory for notification and compliance-monitoring purposes. Where a non-resident supplier fails to comply with the relevant obligations, Art. 18-H BIS provides for the temporary blocking of access to the supplier’s digital service through Mexican telecommunications network concessionaires until compliance is achieved.
The applicability of these obligations depends on whether the activity qualifies as a “digital service” under Art. 18-B, which enumerates four categories, including (i) digital content, and (ii) digital intermediation between third-party suppliers and customers. In this regard, the SAT’s Criterion 40/IVA/N, published in the Official Gazette on 11 October 2024, broadens the interpretation of “digital intermediation services” by treating platforms as intermediaries where, for consideration, they enable customers to offer goods or services to third parties and allow suppliers and customers to agree via the platform on the transaction terms and price. The criterion further clarifies that this characterisation may apply even where the platform presents itself as merely an “online store,” if it also connects third-party suppliers with customers.

The Federal Law of Consumer Protection provides a comprehensive consumer protection framework that applies to online transactions. Art. 1, number VIII, enshrines consumer protection in digital transactions as a fundamental principle. Chapter VIII, BIS, of this law sets out consumer rights in transactions by means of electronic, optical, and other technologies. In addition, the Code of Commerce allows the use and validity of electronic signatures (whether simple or advanced) in any commercial or consumer transaction. Furthermore, the Federal Civil Code also establishes that, if express consent is required, it may be given by electronic means or any other technology.