South Sudan: reserving trade marks is prohibited
In the absence of a formal IP law in South Sudan, a reservation system for trade marks was implemented some years ago. This was stopped after a short time when it was agreed that there was no legal basis for it. The Ministry of Business announced at that time that until a formal IP law comes into effect, no further action was to be taken with respect to trade mark reservations.
Following a recent meeting with the Acting Chief Registrar at the Ministry of Business, the question of legality was raised again and the suggestion of reinstating the reservation system for trade marks was rejected. This position has been confirmed by the Ministry of Business and Ministry of Justice.
The situation generally in South Sudan is volatile but we are monitoring things closely. We will advise clients should the position change.
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