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Amendments to Trademark Laws

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Nov 26, 2024 (Newsletter Issue 11/24)
South Africa
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Preparing for key legislative updates


On 22 October 2024, South Africa's Portfolio Committee on Trade, Industry, and Competition met to review progress on several legislative initiatives, including significant updates to intellectual property (IP) laws.

A major focus is the overhaul of South Africa’s patent system, transitioning from a depository system to substantive examination. A proposed Patents Bill, submitted to the Executive Authority in October 2024, introduces “utility model patents,” which may overlap with the Designs Act No. 195 of 1993. As a result, a Designs Bill with necessary amendments was also submitted to address these intersections and update the legislative framework.

In addition, South Africa is preparing to align with the Madrid Protocol, an international system that streamlines trade mark registration and fosters global trade relations. To facilitate accession, proposed amendments to the Trade Marks Act No. 194 of 1993 are scheduled for submission to the Executive Authority in February 2025. This step reflects the government’s forward-thinking approach to enhancing trade mark protection and fostering international collaboration.

Another key discussion centered on the Intellectual Property Laws Amendment Act No. 28 of 2013 (IPLAA), which sought to incorporate Indigenous Knowledge (IK) protection into South Africa’s IP regime.

Source: www.bergenthuin.com