Membership of International Conventions:
- Paris Union (from 12 May 1991)
- WIPO (from 18 August 1988)
- ARIPO (from 17 March 1988)
Types of Designs available:
- Industrial Designs
A UK registered design automatically extends to Swaziland. No re-registration of the UK registered design is required.
Design protection in Swaziland may also be obtained by re-registration of a granted South African design.
Swaziland is a member of ARIPO but see comments on ARIPO below.
Filing Requirements for Re-registration of a granted South African design:
- Power of Attorney (simply signed) (can be late filed, no set deadline).
- Certified copy of South African design (required on the day of filing).
Duration and Renewal:
In the case of a UK design, the protection in Swaziland remains in force for so long as the UK design on which it is based remains in force. In the case of a re-registration of a South African design, the design remains in force for as long as the South African design remains in force.
In the case of a UK design, no separate renewal fees are payable. In the case of a re-registration of a South African design, renewal fees are payable five years from the filing date of the South African design. In the case of a functional design, the Swaziland design can be renewed for a further five year period and in the case of an aesthetic design for two further five year periods, provided that the corresponding South African renewal fees have been paid.
ARIPO design in which Swaziland is designated:
Even though it is possible to designate Swaziland in an ARIPO design application, there is no national law in Swaziland which specifically provides for design protection via ARIPO and there is therefore uncertainty as to whether or not any design protection can be obtained in Swaziland through an ARIPO design application. Although ARIPO design applications designating Swaziland are filed and accepted, we cannot guarantee that enforceable rights will be granted.
Please see ARIPO