Industrial Designs Law in South Sudan

In South Sudan, there is currently no specific legislation governing industrial designs. The country has not enacted a national law for industrial property, including patents, trademarks, or industrial designs. As a result, obtaining registered protection for industrial designs is not possible under South Sudanese law. 

The Intellectual Property Bill 2015, which aims to establish a legal framework for intellectual property rights, including industrial designs, is still pending approval by Parliament. Until this Bill is enacted, there is no formal system for registering or enforcing industrial design rights in South Sudan. 

In the absence of a national system, some stakeholders have explored alternative methods to protect their designs. For instance, businesses may consider filing cautionary notices in the Official Gazette to publicly declare their rights to a design. While this does not confer legal protection equivalent to a registered design, it serves as a public record of the claim. 

Additionally, South Sudan is not a member of the Hague Agreement, which facilitates the international registration of industrial designs. Therefore, designs registered under the Hague System are not automatically protected in South Sudan.

Summary:

Legislation: No national law governing industrial designs.

Registration: Not possible under current law.

Alternative Protection: Cautionary notices in the Official Gazette may serve as a public declaration of rights.

International Protection: Not available through the Hague Agreement.

 

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