The Portfolio Committee on Trade, Industry and Competition comprised of members of the South African National Assembly held a meeting on 22 October 2024 discussing the development and implementation of various legislation including laws relating to intellectual property (IP).
The committee first considered the Intellectual Property Laws Amendment Act No. 28 of 2013 (IPLAA), which was intended to amend existing IP legislation to include protection of Indigenous Knowledge (IK). At the same time, a separate bill was introduced by a different government department which also dealt with IK and that was later enacted into law. The regulations which would have finalised the implementation of the IPLAA was then halted so that they would be in line with the alternate act dealing with the same subject matter. The IPLAA has thus been in limbo for over a decade. In 2020, a legal opinion was sought by government which suggested that the IPLAA should be repealed, in part due to the fact that other IK legislation adequately provides the functions sought to be implemented by the IPLAA. Stakeholders had a mixed review of the legal opinion with some in support of repealing the IPLAA, whilst others were of the view that the opinion was legally flawed. It was decided that internal discussions would be conducted to chart a way forward.
The South African government has also been in the process of changing the current patent system from a depository system to substantive examination of patents for a few years. It believes this will further align South Africa with international best practice. The government intends doing so by repealing the current Patents Act No. 57 of 1978 and has apparently submitted a proposed Patents Bill to the Executive Authority recently (October 2024).
The above proposed Patents Bill introduces “utility model patents” which will have overlap with the provisions in the current design law regime in South Africa. This has thus necessitated amendment of the Designs Act No. 195 of 1993, and government has apparently submitted a Designs Bill with proposed amendments to the Executive Authority this month, October 2024.
South Africa has not yet acceded to the Madrid Protocol Concerning the International Registration of Trade Marks adopted at Madrid on 27 June 1989. Accession to this agreement is considered invaluable to developing countries to reinforce trade relations with large trade corporations, modernising their existing IP systems to allow for a convenient method of trade mark protection through a single international registration. In anticipation of accession to the Madrid Protocol, submissions will be made in February 2025 to the Executive Authority to amend the principal Trade Marks Act No. 194 of 1993.
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