*”Creativity Stolen, Justice Denied: Young Man Waits for Judicial Response After His Work Was Misused by CDM”*
By Estacio Valoi
*Unprecedented intellectual property case in Mozambique raises questions about the judicial system and the power of multinationals.*
An emblematic case of alleged intellectual property violation by the multinational company Cervejas de Moçambique (CDM) is currently underway in the Fifth Section of the Judicial Court of Maputo City. The legal dispute pits a Mozambican young creative against the brewing giant, accused of improperly appropriating a project proposal sent via email to their marketing department. Without any formal response or contract signed, the company allegedly used essential elements of that proposal in an advertising campaign for their most popular beer: 2M.
The case revolves around the launch of three limited editions of the 2M can—Way da Praia, Way, and Way da Banga—promoted by CDM. According to our investigation, two of these cans prominently featured the color blue, one of the main details presented in the original proposal submitted to the company by a young creative who is now turning to the courts. To make matters worse, the slogan “Melhor do Mundo” (Best in the World) for 2M was also plagiarized from the submitted proposal.
“I sent the project by email, hoping for collaboration, but never received a response. Later, I was surprised to see elements of my proposal on the campaign cans and in the current advertising (Best in the World). This wasn’t a coincidence—it was plagiarism, it was appropriation. I didn’t have many resources, but I had a strong idea. I thought CDM, being a company with national visibility, might accept the proposal. This is disrespect,” states the creative, who preferred to remain anonymous for security reasons. He is legally represented by the well-known lawyer and human rights defender, Dr. Custódio Duma.
According to Duma: “This is an emblematic case for strengthening intellectual property protection in Mozambique. More than a dispute between a young creator and a large company, fundamental legal principles are at stake, as well as the institutions’ ability to ensure trust and predictability in the justice system. We hope justice will prevail.”
In contact with a judicial source who wished to remain anonymous, Moz24h learned that there is indeed an ongoing process. “The case exists, yes. (Ordinary Action No. 47/2023/T) It’s ongoing, but like many others that are complex by nature and involve major interests, it’s moving slowly. Very slowly.”
*Justice at a slow pace*
This should be one of the first cases in Mozambique involving an allegation of improper use of intellectual property against a multinational company, which gives the process unprecedented symbolic and legal weight. However, the progress of the case has been marked by slowness, raising suspicions about the differentiated treatment the judicial system may be giving to large corporations.
The sluggishness of the Mozambican justice system is already known, but when it involves the interests of large companies, the delay takes on more worrying dimensions. Legal observers and intellectual property defenders fear that the precedent created in this case could discourage young creativity and contribute to an environment of corporate impunity.
“The process is slow. There is still no clear position from the court, even though there is documentary evidence, digital communications, and even correspondence between the parties. It’s a situation that, beyond being unjust, discourages any young person who wants to contribute innovative ideas in this country,” warns a source close to the case.
Experts consulted by our reporting team warn that this case is just the tip of the iceberg. Mozambican legislation on intellectual property, although it exists, lacks proper implementation and oversight. Worse: many young creators don’t even know they have legal rights over their ideas.
“The absence of a fair and transparent outcome in this type of case undermines confidence in the justice system and can convey the message that equitable access to justice depends on the position or influence of the parties, rather than the strength of the law. This weakens the foundations of the Rule of Law and discourages the legitimate defense of rights, especially among the most vulnerable.”
*A judgment that could change everything*
The outcome of this process will be a watershed moment. Not just for the young creator involved, but for an entire generation of Mozambican talents seeking space and recognition in a market still dominated by large corporations. It will also be a test of the integrity of the national justice system: will it be able to resist pressures and decide based on truth and law?
Meanwhile, the young creative waits. Society watches. And justice, as usual, moves in heavy steps—when it should run alongside the truth.
