Industrial Designs Law in Eswatini
Industrial Designs Law in Eswatini (formerly Swaziland) is governed by the Industrial Designs Act, 1999, which provides the framework for registration, protection, and enforcement of industrial designs within the country.
Key Features of Industrial Designs Law in Eswatini
1. Definition
An industrial design refers to the appearance of the whole or part of a product, created by features such as lines, contours, colors, shape, texture, or materials.
2. Eligibility
To be protected, the design must be new and have individual character, meaning it should not be identical or closely similar to any design already publicly known.
📄 Registration Process
Application Submission
Applications are submitted to the Registrar of Industrial Designs at the Registrar of Deeds and Patents Office in Eswatini.
The application must include:
A clear representation of the design (drawings, photographs, or other visual representation).
Details of the applicant and creator.
Examination
The Registrar conducts a formal examination to ensure all requirements are met.
There is no substantive examination of novelty or originality before registration.
Publication
Registered designs are published in the official Industrial Designs Journal to notify the public.
Registration
Upon successful processing, a certificate of registration is issued.
⏳ Duration of Protection
Initial protection lasts 5 years from the filing date.
The registration can be renewed for two additional periods of 5 years each, making the maximum protection term 15 years.
⚖️ Rights Conferred
The registered owner has the exclusive right to use, license, or sell the design.
Unauthorized use, copying, or imitation by third parties is prohibited.
🌍 International Treaties
Eswatini is a member of the Paris Convention for the Protection of Industrial Property.
Eswatini is also a member of the African Regional Intellectual Property Organization (ARIPO), through which regional industrial design registration is possible.
🛡️ Enforcement
Industrial design rights are enforceable through the courts of Eswatini.
Remedies for infringement include injunctions, damages, and seizure of infringing products.
✅ Summary
Eswatini’s Industrial Designs Act governs the protection of new and original designs via registration with the Registrar of Deeds and Patents Office.
Protection lasts up to 15 years (initial 5 years plus two renewals
Eswatini participates in the Paris Convention and ARIPO regional systems.
Enforcement is available via local courts with standard IP remedies.
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