The Draft National Intellectual Property Policy Proposals for Improving South Africa's Patent Registration System: A Review

‘The Draft National Intellectual Property Policy Proposals for Improving South Africa's Patent Registration System: A Review’ (2014) 9 (10) Journal of Intellectual Property Law & Practice 822-829

Posted: 18 Apr 2016

Date Written: April 4, 2016

Abstract

This article discusses South Africa’s draft Intellectual Property Policy proposed reforms. It considers how these may be practically implemented. In particular, it focuses on the phased sector specific introduction of substantive patent examination, possible co-operation with other national or regional patent offices to enhance examination capacity, the retention of non-examination for utility or second-tier patents and the involvement of third parties in the examination process. It also considers the reintroduction of opposition proceedings to further strengthen the patent system. The article points to other jurisdictions that have implemented some of these options such as Australia’s utility patent system, the successful implementation of the peer-to-patent project in countries such as the United States (USA) and the United Kingdom (UK) and opposition proceedings in Europe, the UK and Australia. It concludes that these are plausible and viable options that should be further explored for adaptation to the South African context. The article will be of interest to those following policy and legislative developments in the developing world and particularly Sub-Saharan Africa, where change often begins in South Africa then extends throughout the region as neighbouring states follow South Africa’s lead.

Keywords: South Africa, Intellectual Property, Policy, Draft, Patent

Suggested Citation

Ncube, Caroline B., The Draft National Intellectual Property Policy Proposals for Improving South Africa's Patent Registration System: A Review (April 4, 2016). ‘The Draft National Intellectual Property Policy Proposals for Improving South Africa's Patent Registration System: A Review’ (2014) 9 (10) Journal of Intellectual Property Law & Practice 822-829. Available at SSRN: https://ssrn.com/abstract=2758594

Caroline B. Ncube (Contact Author)

University of Cape Town ( email )

Private Bag
Rondebosch 7701
South Africa

HOME PAGE: http://www.commerciallaw.uct.ac.za/claw/staff/academic/cncube

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