African Regional Intellectual Property Organization (ARIPO)
Algeria
Angola
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
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DRC
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Eritrea
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Ethiopia
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Gambia
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Libya
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Nigeria
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Senegal
Seychelles
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South Africa
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Sudan
Tanzania
Togo
Tunisia
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Western Sahara
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Zanzibar
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Trade Mark Services & Trade Mark Lawyers
Patent
Design
South Africa
Forms part of
OAPI
ARIPO
International Arrangements
South Africa is a party to the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
South Africa follows a single class filing system and recognises both goods and service classes in terms of the 11th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 18 to 24 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 3 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention and common law trade marks are recognised in South Africa.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are possible.
Forms part of
OAPI
ARIPO
International Arrangements
Paris Convention;
Convention Establishing the World Intellectual Property Organization (“WIPO”);
World Trade Organisation (“WTO) / Agreement concerning the Trade-Related Aspects of Intellectual Property (“TRIPS”);
Budapest Treaty; and
PCT.
Types of Patents
Patents of invention;
Patents of addition; and
Divisional patent.
Novelty Requirements
Absolute novelty applies.
Grace Period/Prior knowledge
Unauthorised disclosure of an invention by another party prior to the filing date of a patent application can be excused, provided the applicant files the application with reasonable diligence after learning of the disclosure.
Disclosure or knowledge of the invention prior to the filing date, as a result of the invention being worked in South Africa by way of reasonable technical trial or experiment by the applicant, can also be excused.
Examination procedure
Patent applications are examined as to compliance with formal requirements only; i.e. the novel and inventive merit of the invention is not assessed. Subjective examination to be implemented soon.
Duration & Maintenance
Patents are valid for twenty years from the date of filing the complete patent application.
In order to maintain the patent in force, it is necessary for annual renewal fees to be paid, commencing at the end of the third year after the filing of the complete application. Failure to pay the renewal fees timeously results in the lapsing of the patent. A six-month grace-period may be obtained subjected to payment of prescribed fee.
Working Requirement
A compulsory licence may be granted if the patented invention is not being worked in South Africa on a commercial scale or to an adequate extent after the expiry of a period of four years subsequent to the filing of the application of the patent or three years subsequent to the date on which that patent was sealed, which ever period expires last.
Forms part of
OAPI
ARIPO
International Arrangements
Paris Convention;
WIPO;
WTO / TRIPS
The Hague Agreement for the International Deposit of Industrial Designs (South Africa’s accession to the Hague Agreement has been approved, however such accession has not been affected); and
The Locarno Agreement Establishing on International Classification for Industrial Designs.
Types of Designs
Functional & Aesthetic Designs.
Classification
The Locarno International Classification is used.
Novelty Requirements
Absolute novelty applies.
Grace Period/Prior knowledge
If a design has been made available to the public, the application must be filed within 6 months of the release date. An exception to this rule is the case of integrated circuit typographies and mask works, for which the application must be filed within 2 years of the release date.
Examination procedure
Design applications are examined as to compliance with formal requirements only; i.e. the novelty of the design is not assessed.
Duration & Maintenance
An aesthetic design registration endures for 15 years, and a functional design for 10 years. The time period is calculated from the date of application or from the release date whichever date is earlier. This duration is subject to the payment of annual renewal fees.
Working requirement
There is no working requirement for industrial designs.
11th Edition