Nigeria designs require absolute novelty, but unlike a patent, a design may be registered up to 6 months after the design has been disclosed or released to the public. Nigeria designs have an...
Intellectual Property
Insights
Nigeria
Nigeria
Intellectual Property in NigeriaSmit & Van Wyk assists with the protection of Intellectual Property in Nigeria, including the filing, prosecution and enforcement of patents, designs, trade...
Nigeria Plant Breeders’ Rights
Nigeria Plant Breeders’ Rights does not currently have a intellectual property protection for plant varieties or plant breeders, but in 2019 Nigeria has taken the first steps to start the...
Nigeria Patents
Nigeria patents have a duration of 20 years from date of filing. Nigeria is a member of PCT and the Paris Convention (International treaty for the protection of Industrial Property). PCT National...
Nigeria Trademarks
Nigeria trademarks are valid for 7 years from the filing date and are renewable every 14 years thereafter. Nigeria trademarks that have been registered are easier to enforce than their common law...
South Sudan
There is currently no legislation in terms of Industrial Property in South Sudan and therefore it is not possible to obtain registered trade mark, patent or design rights.
Gambia to join the Banjul Protocol
On 3 May 2021, Gambia deposited its instrument of accession to the Banjul Protocol on Trade Marks. Thus, Gambia may be eligible for designation in ARIPO from 3 August 2021 - Gambia to join the...
Banjul Protocol Update 2020
On 15 May 2020, the Government of the Republic of Mozambique deposited its instrument of accession to the Banjul Protocol on Marks. The instrument of accession is pursuant to a previous resolution...
Uganda Trade Mark Regulations Amendments
“The Trademarks Act No.17, 2010 was recently amended by the Trademark (Amendment) Regulations No. 9 of 2021”. Uganda has recently amended its Trade Mark Regulations, bringing about several...
Protecting Innovations, indirectly through AfCFTA
The African Continental Free Trade Area AfCFTA is a free trade area founded in 2018, with trade commencing as of 1 January 2021. It was created among 54 of the 55 African Union nations. One of the...
Granting of a compulsory license for pharmaceuticals
In the event that an interested person discovers, through what ever means, a patented product that is still in force, and that person wishes to make use of that patent in South Africa, the person...
Legalisation of Private Use of Cannabis in South Africa
In September 2018, a landmark decision by the Constitutional Court in South Africa legalised certain acts in relation to cannabis. In particular, the court ruled that the private cultivation,...
Recent Increase in Trade Mark Filings in South Africa
According to the World Intellectual Property Organisation (WIPO), South Africa is currently grouped under middle-income countries, amongst other African countries such as Egypt and Algeria. In...
2021 Client Choice Awards
Congratulations to Esmari Jonker on being named a 2021 Client Choice Award Winner! All winners of the 2021 Lexology Client Choice Awards were announced on the 14th of October 2021 and Esmari Jonker...
CIPC File Transfer Notice
Companies and Intellectual Property Commission (CIPC) File Transfer Notice The South African CIPC has commenced with the second stage of the large-scale file transition to a new bulk storage...
Privacy rights in South Africa: Data And Cloud
Looking at privacy rights in South Africa with the arrival of the Fourth Industrial Revolution (4IR) we stand at the verge of a technological revolution, characterised by the digitalisation of...