South Sudan

Trade Mark

Forms part of

No
ARIPO
No
OAPI
No
MADRID
No
SERVICE CLASSES
No
WELL-KNOWN TRADE MARKS RECOGNISED?
No
NICE CLASSIFICATION
South Sudan gained its independence from Sudan in 2011. Currently there is no legislation in South Sudan for the protection of trade marks and it is therefore not possible to register trade marks in this country. Refer to SUDAN, no international treaties

OAPI

ARIPO

Patent

Forms part of

No
ARIPO
No
OAPI
No
PARIS CONVENTION
NA
PCT
The current Sudanese legislation pertaining to patents, which will for the time being continue to apply in South Sudan, is the Patents Act, 58 of 1971 and regulations, 1981, thereunder. According to the Transitional Constitution, it would appear that intellectual property rights in South Sudan are regulated in terms of Sudanese Laws. In practice, South Sudanese authorities have not yet considered protection in terms of the Sudanese Patents Act.

OAPI

ARIPO

Types of Patents

Patents of invention; and
Divisional patent

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

A grace period of 6 months is provided where the invention was exhibited by the inventor or his successor at an officially recognised international exhibition for.

Examination procedure

Patent applications are examined as to compliance with formal requirement.

Duration & Maintenance

Patents are valid for twenty years from the date of filing the patent application. A grace period of six months is allowed for the late payment of the annual fee, subject to payment of surcharges. Failure to pay the renewal fee causes the patent to lapse.

Working Requirement

A patent must be worked within three years for the date of grant or four years from the date of filing, whichever is the later. 

Design

Forms part of

No
ARIPO
No
OAPI
No
PARIS CONVENTION
The current Sudanese legislation pertaining to designs, which will for the time being continue to apply in South Sudan, is the Industrial Designs Act, 18 of 1974 and regulations, 1999, thereunder. According to the Transitional Constitution, it would appear that intellectual property rights in South Sudan are regulated in terms of Sudanese Laws. In practice, South Sudanese authorities have not yet considered protection in terms of the Sudanese Industrial Designs Act.

OAPI

ARIPO

International Arrangements

N/A

Types of Designs

An industrial design is defined to mean any composition of lines or colours formed to give a special appearance to any industrial or hand‐made product or any plastic form, whether or not it is restricted to colour, on condition that the form or composition can be used as an industrial design or a handicraft design.

Classification

N/A

Novelty Requirements

Absolute novelty applies.

Grace Period/Prior knowledge

There is a six-month grace period. 

Examination procedure

Design applications are examined as to compliance with formal requirements only.

Duration & Maintenance

The initial term of the design registration is five years, which is extendible upon payment of renewal fees for two further five-year terms. A grace period of six months is allowed for the late payment of the renewal fee, subject to payment of surcharges. Failure to pay the renewal fees causes the design registration to lapse.

Working requirement

There is no working requirement.