The 1997 Act is not yet in force as it is still awaiting parliamentary approval and implementing regulations. This chapter is therefore based on the provision of the 1955 Proclamation.
Swaziland is a member of the Paris Convention, ARIPO (Harare Protocol), the PCT and the WTO/TRIPS.
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.
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.