Overview
Eswatini, formally known as Swaziland, protects trademarks, patents, and industrial designs under a structured legal framework governed by the Registrar General’s Office. It is a member state of the African Regional Intellectual Property Organization (ARIPO), affording applicants a choice between national filings and regional protection through ARIPO systems. Both local and foreign entities can secure their rights in Eswatini, supplemented by recognized enforcement channels within the jurisdiction.
Through domestic regulations aligned with international standards, Eswatini provides straightforward procedures for filing and renewing IP rights. This mechanism, combined with ARIPO membership, ensures broader coverage for applicants seeking comprehensive protection in different African markets.
International Conventions
Eswatini is party to several international IP agreements, facilitating alignment with global principles. These include:
Paris Convention
Berne Convention
TRIPS Agreement
Patent Cooperation Treaty (PCT)
IP office
Trademark registration in Eswatini is managed by the Registrar General’s Office.
Applicants must submit a clear depiction of the trademark and fulfill the payment of official fees.
Substantive examination ensures the trademark meets distinctiveness requirements and does not conflict with earlier registered rights.
Registrations remain valid for 10 years from the filing date and can be renewed for subsequent 10-year periods.
Applicants must accurately provide their name, address, and the specific class in which protection is sought.
As a member of ARIPO, Eswatini also allows applicants to pursue regional trademark filings under certain protocols, resulting in coverage in multiple member states.
Patents in Eswatini may be filed directly with the Registrar General’s Office based in UK or South African patent applications or through ARIPO, covering all designated member states. Patentable inventions must exhibit novelty, inventive step, and industrial applicability.
A patent in Eswatini is valid for 20 years from the filing date, contingent on timely payment of annual maintenance fees.
Applicants must provide a full specification, including claims and supporting materials that define the invention.
Substantive examination evaluates compliance with local patentability criteria.
The country’s participation in the Patent Cooperation Treaty (PCT) allows applicants to enter Eswatini at the national/regional phase after filing an international application.
A granted patent confers exclusive rights in Eswatini, upheld by enforcement measures available within the judicial system.
Eswatini also protects industrial designs, covering the visual or ornamental aspects of products. Filings may be pursued nationally or via ARIPO’s design registration framework:
Applicants must file a representation or drawing of the design, along with the required fees.
A typical initial term of protection is five years, renewable twice for a total of 15 years.
Complete and accurate applicant information is essential for a valid registration.
Design rights enable proprietors to prevent unauthorized manufacture or importation of products featuring identical or closely similar designs within Eswatini.
