Eswatini

Intellectual Property
Smit & Van Wyk Patent, Trademark & Registered Designs

Intellectual Property in Eswatini

Smit & Van Wyk assists with the protection of Intellectual Property in Eswatini, including the filing, prosecution and enforcement of patents, designs, trade marks, copyright and plant breeders’ rights. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio. We can assist with the protection, prosecution and enforcement thereof. It is our mission to provide unparalleled service to our treasured clients by developing dynamic solutions which are tailored to suit individual Intellectual Property needs. The key to achieving this lies with our vibrant people, who are eager to go beyond the call of duty.

Patent Attorneys, Patent Registration, Patents

Patents

Eswatini patents will automatically be registered through a granted UK patent. It is also possible to register a granted South African patent to obtain patent rights in Eswatini. Eswatini patents will expire when a South African/UK patent expires. Eswatini is a member of the PCT and the Paris Convention (International treaty for the protection of Industrial Property). Eswatini patents may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state. The relevant protocol on patents for ARIPO is the Harare Protocol, which authorises ARIPO to register patents on behalf of Harare Protocol Contracting States. 

Types of Patents:

  • Registration of a granted UK/South African patent
  • ARIPO application
  • ARIPO Regional Phase PCT application

Methods of medical diagnosis, treatment or surgery are not patentable.

Trade Marks

Eswatini trade marks are valid for 10 years from filing date and renewable every 10 years. Eswatini is a member of the Paris Convention (International treaty for the protection of Industrial Property) and the Madrid Protocol (an international system for obtaining trade mark protection for a number of regions through a single application). Eswatini trade marks may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state. The relevant protocol on trade marks for ARIPO is the Banjul Protocol, which authorises ARIPO to register trade marks on behalf of Banjul Protocol Contracting States. 

Types of Trade Marks:

  • Standard marks
  • Series marks 

The most current edition of the Nice Classification of Goods and Services is followed. Multi-class applications are possible.

Trademark Attorneys, Trademark Registration, Trademarks

Industrial Designs

Eswatini designs will automatically be registered through a granted UK design. It is also possible to register a South African design to obtain rights in Eswatini. The design will expire when the UK/South African design expires. Eswatini is a member of the Paris Convention (International treaty for the protection of Industrial Property). Eswatini designs may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state.

Types of Designs:

  • Industrial Designs

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