Geographical Indications Law in Eswatini
Here’s an overview of the Geographical Indications (GI) law in Eswatini (formerly Swaziland):
🇸🇿 Geographical Indications Law in Eswatini
1. Legal Framework
Eswatini’s GI protection is governed mainly by:
The Trade Marks Act, 2010 (as amended), which includes provisions for the registration and protection of Geographical Indications.
The Industrial Property Act, which may also relate to GI protections.
Regional frameworks: Eswatini is a member of the African Regional Intellectual Property Organization (ARIPO), which facilitates the registration and protection of intellectual property rights, including GIs, across member states.
2. Key Features of GI Protection in Eswatini
Definition: GIs are signs used on goods that have a specific geographical origin and possess qualities, reputation, or characteristics essentially attributable to that origin.
Scope: GIs in Eswatini can apply to:
Agricultural products
Foodstuffs
Handicrafts and other products linked to geographical origin
Registration:
GIs can be registered nationally via the Eswatini Registrar of Trade Marks.
Regional registration is possible through ARIPO under the Harare Protocol on Patents and Industrial Designs, which helps protect IP rights across multiple African countries, including Eswatini.
3. Registration Process
Application is made to the Registrar of Trade Marks in Eswatini or through ARIPO.
The application must demonstrate:
The product’s geographical origin
The qualities or reputation linked to the origin
The Registrar examines the application and publishes it for opposition.
If no valid opposition is raised, the GI is registered and protected.
4. Protection and Enforcement
Once registered, GIs enjoy exclusive rights to prevent unauthorized use or imitation of the protected name.
Enforcement includes:
Civil remedies against infringement
Customs actions to prevent counterfeit goods entering or leaving Eswatini
Misuse of a GI can lead to legal penalties, including fines or injunctions.
5. Regional Context
Eswatini benefits from regional IP cooperation through ARIPO, which provides a streamlined registration and enforcement mechanism for GIs and other IP rights.
This regional approach helps local producers protect their products not only domestically but across ARIPO member states.
6. Examples of GIs in Eswatini
Currently, no widely known internationally recognized GIs from Eswatini, but potential exists for:
Traditional agricultural products (e.g., sugar, tea)
Local crafts and cultural products
Summary
| Aspect | Details |
|---|---|
| Governing law | Trade Marks Act, 2010; Industrial Property Act |
| Regional mechanism | ARIPO (Harare Protocol) |
| Scope | Agricultural, food, handicrafts |
| Registration body | Registrar of Trade Marks |
| Enforcement | Civil remedies, customs intervention |
| Protection duration | Subject to renewal; typically 10 years |
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