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 MANDATE

The department's mandate is to improve and develop all Intellectual Property legislation in order to provide strong protection of the rights as well as to be compatible with regional and Intellectual obligations in the field of Intellectual Property.

MISSION

The Intellectual Property Office is entrusted with the responsibility of providing guarantee appropriate, effective protection and registration of Trade Marks and Service Marks. Patents, Utility Models, Industrial Designs, Copyright and Neighbouring Rights through the respective pieces of legislation.

The country is party to the following conventions and agreements in the field of Intellectual Property, These are:

(i) Paris Convention for the protection of Industrial Property.

(ii) Berne Convention for the protection of literary and Artistic works.

(iii) Patents Co-operation Treaty.

(iv) Banjul Protocol for the registration of Marks.

(v) Harare Protocol on Patents and Industrial Designs.

(vi) Madrid Agreement for the International Registration of Marks.

(vii) Agreement of Trade Related Aspects of Intellectual Property Rights.

LEGAL INSTRUMENTS

Act 6 of 1981

Act 72 of 1936

REQUIREMENTS FOR REGISTRATION OF:

TRADE MARKS

  • The mark should be distinctive
  • Application should be done through a trade mark agent
  • Representation of the mark
  • Mark should be in the relevant class in respect of goods/services
  • Prescribed fees

PATENTS

  • Proof of registration either in the Republic of South Africa or United Kingdom
  • Prescribed fees

INDUSTRIAL DESIGNS

  • Proof of registration either in the Republic of South Africa or United Kingdom
  • Prescribed fees

REQUIREMENTS FOR RENEWAL OF:

TRADE MARKS

  • Proof of use
  • Renewal done every 10 years, it is indefinite as long as proprietor is interested in the mark
  • Prescribed fees

PATENTS

  • Proof of renewal from either RSA or UK
  • Prescribed fees
  • Renewed every year and expiring at 20 years after that it goes to the public domain

 

INDUSTRIAL DESIGNS

  • Proof of renewal from either RSA or UK
  • Prescribed fees
  • Renewed for 5 years for only three consecutive years thereafter it goes to the public domain
  • Prescribed fees

CONTACTS

P. O. BOX 451

Mbabane

Phone: +268 2404 2372

Fax: +268 2404 4711

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