Eswatini
Classification
The International Classification of Goods and Services (Nice Classification) is applied. Eswatini follows a multi-class filing system, which means a single application may cover more than one class.
Convention priority
The Act provides for the claiming of convention priority in Eswatini. The Eswatini application must be filed within six months of the priority filing date, and a certified copy of the priority application must be filed within three months of the date of filing of the Eswatini application.
Examination/procedure
An application is examined as to formalities, as to its inherent registrability, and possible conflict with prior registrations or pending applications.
Opposition
Once accepted, an application is published for opposition purposes. Opposition may be lodged within three months from the date of advertisement of the application in the Official Gazette. The Registrar is empowered to grant extension of this period.
Duration and renewal
A trade mark registration is effective for a period of 10 years from the date of filing the application and, thereafter, renewable for like periods, provided the registrant submits a statement confirming use of the trade mark in Eswatini during the preceding three years or that special circumstances prevented use of the trade mark.
Patent protection
Swaziland has not yet implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national law, and the current national law does not provide for filings under the PCT and for priority claims. Accordingly, although Swaziland is a member of ARIPO, it seems that patents registered via an ARIPO application designating Swaziland may not be recognised. Furthermore, it is not possible to file a PCT national phase application, or a convention or non-convention application directly in Swaziland.
At present, therefore, patent protection is available by way of the extension of a United Kingdom granted patent, and the registration of a South African granted patent, while the validity of an application via ARIPO is uncertain.
Note: The 1997 Act, which is not yet in operation, provides for ARIPO applications designating Swaziland. Although the Act refers to the PCT, there are no specific provisions for PCT applications.
Patentable subject matter
There is no provision in the current Proclamation of 1955 to define patentable subject matter.
Novelty
The 1955 Proclamation is silent regarding novelty requirements.
Examination/procedure
Applications are subjected to formal examination only.
Duration and maintenance
A patent registered based on a granted South African patent will remain in force for the period for which the South African patent remains in force, subject to the payment of renewal fees, and subject to the South African patent being renewed.
The extension of a UK patent remains in force as long as the UK patent remains in force.
Subject matter eligible for protection
The Act provides for copyright to subsist in every original literary, dramatic, musical and artistic work.
A literary work is defined to include maps, charts, plans, tables and compilations.
Dramatic works are defined to include any piece of recitation, choreographic work, or entertainment in dumb show, an any cinematograph production where the arrangement or acting or the combination of incidents give the work an original character.
An artistic work is defined to include works of painting, drawing, sculpture and artistic craftsmanship, architectural works, engravings, photographs.
Registration of copyright
No requirement for registration.
Duration of copyright
Copyright subsists for the lifetime of the author plus 50 years.
Design protection
Design protection is available by the automatic extension of a United Kingdom registered design, or by way of the registration of a South African registered design. Although Swaziland is a member of ARIPO (Harare Protocol), it has not yet implemented the Harare Protocol in its national law. Therefore, it is not clear whether a design registered via ARIPO and designating Swaziland will be recognised in Swaziland.
As indicated above, the 1997 Act (which is not yet in operation) provides for ARIPO applications.
Registrable subject matter
No provision.
Novelty
No provision.
Examination/procedure
Applications are subjected to formal examination.
Duration and maintenance
South African registered designs registered in Swaziland are valid for the duration of the South African design, subject to the payment of renewal fees, and subject to the South African design being renewed.
The extension of a UK registration remains in force as long as the UK registration is in force.
Currently, no legislative provision for plant breeders’ rights or other sui generis protection for plants is available in Swaziland.
Africa Update 2020 - Eswatini (Swaziland)
Anti-counterfeiting training During March 2019, at the request of the Royal Swaziland Police, our Anti-Counterfeiting Team met with senior members of the Police to assist in developing and strategizin...
September 12 2020
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