The Trademark Attorneys qualification is a statutory qualification under control of the Patent Examination Board. An Attorney who has this qualification is entitled to register and practice as a Trademark Attorney and to Fellowship of the South African Institute of Intellectual Law. Lectures for the Trademark Attorneys qualification is presented by members of the SAIIPL during the first semester of each year. In order to enrol an application form obtainable from the Institute must be lodged with the Administrative Secretary before 15th January of the year in which the examinations are to be written. Late entries until 31st January may be approved by Council only on good cause shown.
The following shall be eligible for Student Membership:
- Persons who have a matriculation certificate and who intend to enrol for examinations for the purpose of becoming a Fellow or an Associate.
- A student Member shall cease being a Student Member on being elected a Fellow.
The examinations shall be held once a year in or about June or at such other time as the Administrative Officer may determine. The examination dates shall be made known to candidates enrolled for the examinations. To be allowed to enrol for the examination, a candidate shall be a Member of the Institute.
Every candidate shall, on or before the last day of December of the year before that in which he proposes to sit for any examination, apply to the Council, on a form to be obtained from the Administrative Officer, to be enrolled as a candidate. A candidate shall submit to the Council, on first enrolment, proof of his academic qualifications, an application for any exemption he may consider himself entitled to and his proposed course of study. Late entries may be approved by the Council on good cause shown.
SA Trade Mark Law and Practice
SA Patent Law and Practice
SA Copyright Law and Practice
SA Design Law and Practice
Trade Mark Law and Formalities
Trade Mark Litigation
Practical Trade Mark Problems (oral)
A student shall be required to pass the Trade Mark Law and Formalities and Practical Trade Mark Problems papers in the same year. In order to qualify for an oral examination in Group 2, a candidate shall obtain a minimum mark of 40% in the relevant written paper, which in the case of the Practical Trade Mark Problems oral shall be the Trade Mark Law and Formalities written paper.
In order to enrol for the subjects in Group A2, a candidate shall have passed or have been exempted from the subjects in Group A1; provided that Council may, after taking into account any other examination results of a candidate who has passed, or been exempted from, all but one of the Group A1 subjects, permit the candidate to enrol for the Group A2 subjects. Other than in exceptional circumstances, Council shall not permit a candidate to enrol for Group A2 subjects if the candidate has not yet passed or been exempted from subject A1 and subject A5.
The pass mark in each subject shall be 50 percent. If a candidate has obtained at least 45 percent in a subject in any one year, the Council may, after taking into account any other examination results of the candidate allow him to sit for a supplementary examination in that subject, provided that the Council shall not, except in the case of candidates who have been hindered in their studies by national service or other circumstances beyond their control, allow a supplementary examination in more than one subject.
A supplementary examination may be in writing or oral at the discretion of the Council. Supplementary examinations shall be held at a time and place determined by the Administrative Officer. Unless and until the Council or the Institute in General Meeting decides that the examinations prescribed in terms of the Patents Act no longer meet the standards of expertise required by the Institute to justify admission as a Fellow, those examinations shall serve as the examinations prescribed in Group B in sub-regulation 5.
The Group 1 Patent Examinations and Group 1 Trade Mark Examinations shall be of a standard consistent with one another.
The syllabuses for the subjects set out in sub-regulation 5 shall be as prescribed in Schedule 6. Except with the permission of the Council, a candidate who has twice failed the same subject in Group A1 or B1 of sub-regulation 5 (excluding supplementary examinations) shall not be allowed to enrol for any examination of the Institute.
Except with the permission of the Council, a candidate who has three times failed the same subject in Group A2 or B2 of sub-regulation 5 (excluding supplementary examinations) shall not be allowed to enrol for any examination of the Institute.
A candidate who has passed a subject or obtained an exemption from a subject shall retain credit for that subject for at least five years or such longer period as the Council may allow; provided that, if he does not qualify within the period of five years, the Council may, in view of the performance of the candidate or changes in the law and practice or any other circumstances which it may consider relevant, require the candidate to write that subject again.
The Council may, in its discretion, issue a Certificate in recognition of passing this examination and may recall such certificate at its discretion.
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