South Africa

General Information

• Capital: Pretoria (administrative), Cape Town (legislative)
• Population: 43.5 million
• Area: 2 346 537 km2
• Languages: English, Afrikaans, Ndebele, North Sotho, Sesotho, Swazi, Tswana, Tsonga, Venda, Xhosa, Zulu – official languages.
• Exports: Gold; other minerals and metals; foods; chemicals; manufactured goods.
• Imports: Machinery; transport equipment; chemicals; textiles; scientific instruments; petroleum products.
• Currency: Rand

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Signatory to the Trade Mark Law Treaty, Berne Union, Signatory to the WIPO Copyright Treaty, Signatory to the WIPO Performances and Phonograms Treaty

Requirements for Application

(a) Power of attorney, simply signed.
(b) Six prints of the trade mark - device marks.

Classification

International classification of goods and services. A separate application is required for each class.

Procedure

Applications are examined as to formal requirements. Thereafter the application is examined to determine inherent registrability and conflict with prior applications and/or registrations.

Opposition

Opposition may be lodged within three months following advertisement of the trade mark application.

Extension of the opposition period is possible at such further time as may be allowed by the Registrar. 

Use

Failure to use the trade mark for a continuous period of five years after date of issuance of the registration certificate will render the registration vulnerable to attack and removal from the register.

Registration may also be cancelled if the trade mark was registered without any bona fide intention to use the mark and there has, in fact, been no use of the mark up to the date three months before the date of the cancellation application. 

Duration and Renewal

A trade mark registration is effective for an initial period of ten years and, thereafter, renewable for like periods.

Licensing/Registered Users

Licensing is recognised.

Requirements

(a) License agreement;
(b) Power of attorney from the proprietor;
(c) Power of attorney from the licensee

Assignments

Assignments may be made with or without goodwill of the business

Requirements

(a) Deed of assignment;
(b) Power of attorney from the assignee.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

Textile goods containing sheep’s wool, whether in the piece or made up, are now subject to special marking regulations.

There are special marking regulations, for potentially harmful drugs, many other drugs, and for food. Labels should be in English.

Every bag, package, wrapper, case or other container in which goods of any kind are imported into the Republic for the purpose of sale, sold, exposed for sale, or delivered to a purchaser, other than on the basis of weight or measure, shall avoid all direct or indirect indication of either weight or measure, including numbers which might be constructed as such an indication. This does not prohibit outer containers from being marked with the shipping weight.

A wide range of commodities when sold in pre-packed form in South Africa must be marked in accordance with prescribed regulations under the South African Weights and Measures Act, and certain specified commodities must be sold by weight and in prescribed quantities when prepacked.

Patents

General

Patent protection is obtainable via a national filing. South Africa is a member of the International Convention, WTO and PCT.

Patentable Subject Matter

Any new invention, which involves an inventive step and which is capable of being used or applied in trade or industry or agriculture, is patentable.

The following are not patentable:
inventions contrary to law or morality;
discoveries, scientific theories, mathematical methods;
literary, dramatic, musical or artistic work or any other aesthetic creation;
a scheme, rule, or method for performing a mental act;
a program for a computer;
the presentation of information;
varieties of plants or animals or processes for producing them, which are not microbiological in nature;
therapeutic or surgical methods of treating humans or animals, or diagnostic methods practiced on either. 

Filing Requirements

Neither legalization nor notarisation of any documents is required. A specification in English is needed.

Novelty

An invention is deemed to be new if it does not form part of the state of the art immediately before the priority date of that invention. The state of the art comprises all matter which has been made available to the public, anywhere in the world, by written or oral description, by use or in any other way. The state of the art also comprises matter contained in a patent application in South Africa and which is, or will become, open to public inspection and where such matter has an earlier priority date.

Examination

The application is subjected to formal examination only.

Duration/Maintenance

The term is twenty years from the date of filing. Maintenance fees are payable annually as from the third anniversary of the filing date. On PCT based national phase applications, if grant takes place 33 months or later after the international filing date, the due date for payment of maintenance fees is extended to a date 6 months after the date of grant. A 6 months grace period is available,

Working

In certain circumstances, non-working can be a ground for an application to Court, by a third party, for a compulsory licence.

Marking

Marking is not required, but it is advisable to mark the patented article “patent” or “patented” and to include the serial number.

Licences/Assignments

Licences and Assignments must be recorded to be valid against third parties.