Thursday, 17 July 2014

South Sudan maintains pre-independence TM law; new Bill on its way

A news release from the Talal Abu-Ghazaleh Intellectual Property Group, citing information received from Lysaght & Co., brings news that the South Sudan Ministry of Justice has taken a decision to be guided by the Sudan Trade Marks Act of 1969, relying on Article 198 of the Transitional Constitution of the Republic of South Sudan 2011. This latter Act states that
"All current Laws of Southern Sudan shall remain in force and all current institutions shall continue to perform their functions and duties, unless new actions are taken in accordance with the provisions of this Constitution". 
A draft Trade Marks Bill is reported to be currently before Parliament. However, until it is passed, the provisions of the old Sudanese Trade Marks Act are being followed, and it is now possible to file applications with the Ministry of Justice. Since any trade marks filed now will be enforceable when the new law comes into force, it is recommended that anyone wishing to protect their trade marks in South Sudan should do so as soon as possible.

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