LEGAL REQUIREMENTS, CONTRACTS, INTELLECTUAL PROPERTIES OF THE INTERIOR DESIGN INDUSTRY IN MAURITIUS.

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LEGAL REQUIREMENTS



The knowledge and use of good business practices is an essential step toward success for any professional or company, including the interior designer and the design firm. 

Interior design projects differ with respect to the scope of work, level of complexity, and individual client's personal vision. As necessary as it is to be flexible and adapt to different conditions, it is as important to the interior designer to have standard ways of processing the work flow and an organized system for keeping track of project details.


Legal checklist for Interior Design Business

  • Have an established relationship with an attorney

It is crucial to consult with both an accountant and an attorney. They will be useful in establishing the corporate structure.
Additionally, they will go through tax benefits and advise the fellow on any additional expenses related to researching choices. The startup's legal structure may vary as its priorities, resources, and legal environment evolve.

  • Check required qualifications and licenses
Check for any business license or qualification requirement in Mauritius. One should also check the permits for project management-type services required for renovations projects.
  • Go for trademark search
  • Lay down the business structure
- Sole proprietorship: business owners have complete control over the business. They still need a license and permit to run their business.
- Partnership: It involves two or more people (maximum up to 20 people) who wish to conduct business as a single entity.

  • Corporation
  • Limited Liability Company (LLC)
  • Come up with a service agreement
  • Open a business bank account
  • Draft business privacy policy
  • Check employment laws
  • Insurance for the business
  • Follow Mauritian tax laws

Legal requirements is, in part, to provide information, systems, and forms that are useful to the organization and smooth functioning of the business side of the interior design studio. It is possible to adopt the entire system, or as is often recommended, to alter its parts to fit the particular needs of the individual firm. Each of these forms can be used alone or integrated in a comprehensive system or organization. The forms are designed to serve the purposes of the independent business owner or partner, an employee of an interior design firm, or an interior design department of either an architectural firm or an organization with an in house property management division.


CONTRACT



A contract is an agreement that creates legally enforceable obligations between two or more parties. In making a contract, each party gives something of value to the other party. This is called exchange of consideration. Consideration can take many forms, including the giving of money, or a consultation, or the promise to consult, or pay for a consultation in the future. 
NOTE: Interior Designers might review their contracts with his/her attorney.  This gives the designer the opportunity to learn whether Mauritian laws may modify any provisions. 

The Interior Design Contract should include: 
  • Scope Of work
  • Design fees
  • Drawings
  • Detailed Specifications
  • Purchasing and Procurement
  • Refunds and cancellations
  • Reimbursement expenses
  • Payment terms
  • Contractors and consultants
  • Insurance


INTELLECTUAL PROPERTIES


  • The 2014 Copyrights Act and the 2019 Industrial Property Act equally protect Mauritius' intellectual property rights (IPR).
The new Industrial Property bill was passed in August 2019 and unifies the many types of industrial property, including patents, utility models, integrated circuit layout designs, breeder's rights, industrial designs, marks, trade names, and geographical indications.



  • The Mauritius Society of Authors' (MASA) regulatory structure was updated, the Copyright Act was redefined, and the rights of copyright owners was better protected . MASA is in charge of collecting copyright fees and managing copyright owners' economic rights.






References

Foyr. (2022, June 17). Interior Design Business Legal Structure: A Legal Checklist | Foyr. Create Beautiful 3D Designs. Retrieved June 17, 2022, from https://foyr.com/learn/interior-design-business-legal-structure-and-checklist/#Interior_Design_Business_Legal_Structure

Legislation – PAC | Mauritius. (2011, May 14). PAC. https://www.pac-mauritius.com/regulate/legislation

Mauritius -Protecting Intellectual Property. (2021, October 20). International Trade Administration | Trade.Gov. https://www.trade.gov/country-commercial-guides/mauritius-protecting-intellectual-property

PARAMASIVUM, P. V. (2019). LEGAL SUPPLEMENT. THE INDUSTRIAL PROPERTY ACT 2019. https://www.mauritiustrade.mu/ressources/pdf/industrial-property-act-2019.pdf

(2022, May 20). How to Prepare an Interior Design Contract. 2020. https://www.2020spaces.com/blog-interior-design-contract/#:%7E:text=A%20well%2Ddrafted%20interior%20design,is%20important%20for%20your%20business.


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