Assignment of Invention Affecting Patent Validity – South Africa
In a recent South African judgment (Regents of the University of California v Eurolab [2025] ZACCP 1), the Court of the Commissioner of Patents ruled that a patent applicant must acquire rights from the inventor before filing the application. Since no such assignment existed at the time of filing, the court revoked the patent for failing to comply with Section 27(1) of the Patents Act 57 of 1978.
Understanding the Importance of Amending Patent Specifications in South Africa
As South Africa is a non-examining country, it is especially important for a patentee to ensure that their patent claims are valid.
When is a Trade Mark Not a Trade Mark?
There are two ways in which trade mark rights can be acquired in South Africa. The first is statutorily through registration in terms of the Trade Marks Act 194 of 1993, and the second is in terms of the common law through use thereof only.
Navigating Trademark and Domain Name Disputes in South Africa’s .za Domain Space
It is common for a company's trademark to correspond with its domain name. This is an obvious choice as it enhances brand identity and is easy for customers to remember. However, complications arise when another party registers a domain name that includes your trademark...
The word is out and the new draft food labelling Regulations, R2986 of the Foodstuffs, Cosmetics and Disinfectants Act. No 54 of 1972 (FCD Act), have been published.
The Republic of Mauritius has joined PCT, but what does this really mean for Mauritius?
Mauritius has become the 157th Contracting State of the PCT. This means that from 15 March 2023 applicants will now be able to use the PCT system to obtain patent protection in Mauritius.
