eSWATINI
(eX-SWAZILAND)
Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.
trade mark information
Types of Trade Mark
Classification
International, Nice Classification;
Multi-class;
Goods and services can be registered.
International Arrangements
Convention priority may be claimed.
Renewal
10 years from the filing date and every 10 years thereafter.
Use Provisions
Non-use of a mark for a period of 3 years from registration renders it open to an action for cancellation by third parties. Proof of use of a mark by way of a Statement accompanied by a specimen of the mark as used is required upon renewal of the mark.
Patent information
Designation in ARIPO application;
Reregistration of South African patents;
In addition, granted UK patents automatically extend to eSwatini without the need for local registration.
Types of Patent
In the case of a UK patent, the term expires upon expiry of the UK patent.
In the case of the reregistration of a South African patent, the patent remains in force for as long as the South African patent is maintained.
The term of an ARIPO patent designating Swaziland is twenty years from the filing date - see section on ARIPO.
International Arrangements
Duration
See section on ARIPO.
Renewal
In the case of a UK patent, no separate renewal fees are payable.
In the case of a registration of a South African patent in eSwatini, renewal fees fall due annually on the same date as South African renewal fees fall due.
For ARIPO patents, please see the section on ARIPO.
design information
Types of Design
International Arrangements
A UK registered design automatically extends to eSwatini.
Design protection in eSwatini may also be obtained by re-registration of a granted South African design.
eSwatini is a member of ARIPO - however, there is currently no national law in eSwatini which specifically provides for design protection by filing an ARIPO application, and there is therefore some uncertainty as to whether or not any design protection can be obtained via ARIPO. Although such ARIPO design applications designating eSwatini may be filed and will be accepted, there is no guarantee that any enforceable rights will be granted.
Duration
For UK designs, the protection in eSwatini remains in force for so long as the UK design on which it is based remains in force.
In the case of the re-registration of a South African design, the design remains in force for as long as the South African design remains in force.
For ARIPO designs, please refer to the ARIPO section.
Renewal
In the case of a UK designs, no separate renewal fees are payable in eSwatini.
In the case of the re-registration of a South African design, renewal fees are payable 5 years from the filing date of the South African design.
In the case of a functional design, the eSwatini design can be renewed for a further five year period and in the case of an aesthetic design, it can be renewed for two further five year periods, provided that the corresponding South African renewal fees have been paid.
latest Lysaght articles
