Designs

– See under “Patents of Invention“.

Membership in International Conventions

– See under “Patents of Invention“.

Filing, Protection

Applicant: (1) the proprietor of a British design registration is automatically protected as though his registration had been issued with an extension to Eswatini; (2) the proprietor of a South African design registration may apply to extend his design to Eswatini at any time during its lifetime.

Novelty: rights under a British design can be avoided if it is shown that the design can be cancelled under British law. Publication in Eswatini before registration in the United Kingdom is relevant. No similar provision exists with regard to a registration based on a South African design. The design would have to be attacked in South Africa.

Examination procedure: no examination other than as to form.

Opposition: no provision.

Duration: rights under a British design registration expire with the expiry of the British design registration. The registration of a South African design in Eswatini remains in force for as long as the South African design is maintained (subject to the payment of renewal fees).

Renewal: registration of a South African design falls due for renewal in Eswatini every five years calculated from the filing date of the South African design.

Marking: it is advisable, but not compulsory, to mark articles “Registered design No. ….” or an abbreviation thereof.

Assignment: notice of assignment or other dealings with the basic South African design registration should be recorded.

Filing requirements for an application (to be sent to authorized agent):
1. Power of attorney (notarization and legalization is not necessary);
2. Copy of South African design registration certified by the South African Registrar.