South Sudan – reservation of trade marks now possible

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Written By Richard Stilwell

Whilst the Intellectual Property Bill 2015 is still yet to be passed, the Ministry responsible for IP in South Sudan is now allowing the reservation of trade marks in advance of its enactment.  The registration process will be completed once the new law is introduced.

The Ministry has advised that reservation applications may be filed immediately; however, we are still seeking clarification on some matters, such as the documents required, before we can proceed.

It is not expected that reservation in this period will grant the applicant a filing date equivalent to that of the enactment date of the new law; rather, the purpose of reservation is to ensure a similar mark cannot be registered by a third party once the new law is in force (similar to a priority right).  Furthermore, it will still be necessary to file a fresh application after enactment.

All trade marks registered in 2014/15 will remain valid and can be renewed under the new law, once enacted.

Whilst various factors will affect when the new law eventually comes into force, this is welcome news for rights holders wishing to protect their trade marks as soon as possible.

For further information, please get in touch with the author or your usual Lysaght contact.

 
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Author: Richard Stilwell

Richard is a Chartered Trade Mark Attorney and manager in the Patents and Design department. He is responsible for overseeing and managing the day-to-day operations of the department, as well as being part of operational working groups to develop and enhance internal policies and procedures.

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Richard Stilwell

Richard is a Chartered Trade Mark Attorney and manager in the Patents and Design department.  He is responsible for overseeing and managing the day-to-day operations of the department, as well as being part of operational working groups to develop and enhance internal policies and procedures.

Richard graduated from the University of Leeds in 2012 with a Master’s degree (with Distinction) in Medicinal Chemistry, which included a placement year with a major U.K. pharmaceutical company. He joined Lysaght in 2015 and has worked in the IP industry for over ten years.

In 2016 Richard was awarded the Postgraduate Certificate in Intellectual Property (with Distinction) from Bournemouth University, and he became a Chartered Trade Mark Attorney in 2018.

He adds a considerable skill set to the company, where he is responsible for a wide-ranging portfolio, particularly for patent cases in the Caribbean and Middle East.  In his dual role, Richard also handles prosecution and contentious matters within the trade mark department in several complex jurisdictions.

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