Legal framework overview

South Africa's IP legal framework mainly consists of the following legislation:

• Trade Marks Act (Trade Marks Act No. 194 of 1993)

• Patents Act (Patents Act No. 57 of 1978, amended 2002)

• Designs Act (Designs Act No. 195 of 1993)

• Copyright Act (Copyright Act No. 98 of 1978)

• Merchandise Marks Act (Merchandise Marks Act No. 17 of 1941)

The competent authority is the CIPC (Companies and Intellectual Property Commission).
South Africa is a member of WIPO, the PCT, the Paris Convention, TRIPS and ARIPO (observer), but has not yet joined the Madrid or Hague systems.

International cooperation and regional alignment

• South Africa is a member of WIPO, the PCT, the Paris Convention and TRIPS;

• Not a member of the Madrid System or the Hague Agreement;

• Maintains mutual observer status with ARIPO (African Regional Intellectual Property Organization) and OAPI;

• Shares patent data with EPO, USPTO and CIPO;

• Implements the national IP strategy "IP Policy Phase I (2018–2038)".

Trade mark system

Filing routes

• National trade mark applications can only be filed with CIPC (South Africa is not a member of the Madrid System);

• Foreign applicants must act through a registered South African trade mark agent or attorney.

Classification

• Uses the Nice Classification for goods and services;

• Single-class applications only; multi-class filings are not available.

Examination procedure

• Formal examination: around 1‑2 months;

• Substantive examination: around 6‑8 months;

• Opposition period: oppositions may be filed within 3 months from the publication date.

Use and renewal

• Initial registration term is 10 years, renewable indefinitely;

• Non-use for a continuous period of 5 years may lead to cancellation.

Examination features

• Examination language is English;

• Focuses on distinctiveness, likelihood of confusion and conflicts with prior rights;

• South Africa allows registration of non-traditional marks (sound marks, three-dimensional shapes, colours and position marks);

• Official search platform: CIPC Trade Marks eServices.

Patent system

Types and terms of protection

• Invention patent (Patent of Invention): protection of 20 years from the filing date;

• Provisional patent: valid for 12 months from the filing date and may be converted into a complete patent.

Examination mechanism

• Operates a registration system (no substantive examination);

• Applications must comply with statutory formal requirements, but no technical examination is carried out;

• Average processing time to grant is about 18‑24 months.

International routes

• South Africa is a PCT contracting state (since 1999);

• National phase entry via the PCT is available (applications must generally be filed within 30 months);

• Cooperates with ARIPO and participates in regional patent search and information-sharing initiatives.

System features

• Examination language is English;

• Follows the “first-to-file” principle;

• Annual renewal fees are payable each year starting from the 3rd year;

• Because of the registration system, patents can be granted relatively quickly but may be vulnerable to invalidation challenges;

• Technical documentation must conform to UK patent drafting standards.

Industrial design protection

Legal basis

• Designs Act (Designs Act No. 195 of 1993).

Scope of protection

• The shape, pattern, ornamentation and other visual features of a product;

• Designs are divided into “Aesthetic Designs” and “Functional Designs”.

Term of protection

• Aesthetic designs: protection of 15 years from the registration date;

• Functional designs: protection of 10 years from the registration date.

Examination procedure

• Formality examination only; there is no substantive examination;

• Typical processing time is around 6‑9 months;

• Examination language is English.

System features

• A single registration is valid throughout South Africa;

• Multiple designs may be included in one application where permitted by law;

• No deposit of physical specimens is required;

• Official system: CIPC Designs Register / eServices.