SOUTH AFRICA

COUNTRY : REPUBLIC OF SOUTH AFRICA

CAPITAL : CAPE TOWN

LANGUAGE : ENGLISH

 

MEMBER : PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION, WIPO,

The IPR aspects of South Africa are administered by the Companies and IP Commission.

The IP affairs in  South Africa are looked after by the Companies & Intellectual Property Commission (CIP)

The Geographical Indications affairs in South Africa are looked after by:

  • the  Department of Trade & Industry.
  • the Department of Agriculture.

  • ROLE PLAYED BY GEOGRAPHICAL INDICATION SOUTH AFRICA:
      • GI is a source indicator informing consumers about a product’s origin from a certain place.
      • GI confirms certain special characteristics  inherent to the product.
  • PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN SOUTH AFRICA

    • There is no specific law on Geographical Indications in South Africa as yet, hence the following laws are applicable:

      • Trademarks Law
      • Trade Practices Act
      • Merchandise Marks Act
      • Liquor Products Act

      Categories of GI Protected:

      1. Appellations of Origin
      2. Geographical Indications Gis are protected as Collective & Certification marks.
  • KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE SOUTH AFRICA

    • Geographical Indications are not protectable if:

      • They are immoral or against public order;
      • GIs likely to mislead the public with respect to the place of origin of the goods;
      • Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
      • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
      • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
      • GIs which are not or have ceased to be protected in their country or territory of origin
      • Gis which have fallen into disuse in their country or territory of origin
  • REQUISITES TO BE GEOGRAPHICAL INDICATION SOUTH AFRICA

    • Applications to contain the following:

      • the name, address and nationality of the natural person or legal entity filing the application, and the capacity in which the applicant is applying for registration;
      • the geographical indication for which registration is sought;
      • the geographical area to which the geographical indication applies;
      • the goods for which the geographical indication applies;
      • the quality, reputation or other characteristic of the goods for which the geographical indication is used; and
      • any other particulars as may be prescribed.
  • WHO CAN FILE GEOGRAPHICAL INDICATION SOUTH AFRICA

    • Following can apply for registration of GIs:

      • Natural / Legal persons carrying on activities as producers in the defined Geographical Area
      • Groups of Producers
      • Other competent authorities
  • EXAMINATION OF GEOGRAPHICAL INDICATION SOUTH AFRICA

    • Once the application is received, it is formally examined. The application is then scrutinised regarding compliance with all the requisites. Once the application is found to be compliant with all the formalities and the requisites, it is advertised for objections from interested third parties.

  • PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION SOUTH AFRICA

    • Interested parties may, post publication of the application, object, oppose or ask for cancellation of the GI.

      If there is no opposition post filing of the application, or the opposition is unsuccessful, the applicant’s GI is registered.

  • USAGE OF GEOGRAPHICAL INDICATION SOUTH AFRICA

    • Only producers registered & carrying on activities within the indicated geographical area are allowed to use GI in the course of trade & commerce.

  • Cost of Registration of Trademarks
Geographical News