What are the causes of counterfeiting and piracy in Swaziland?
Pirated goods quite often offer cheaper alternatives to lure the customers into buying harmful products tainted with counterfeit procedures. Also, it has been observed that pirated medicines are an issue in almost all African countries. The reason may lie in the shortage in the generation of such goods to meet the desired targets of demand and supply.
Which are the goods that most often face counterfeiting and piracy in Swaziland?
Medicines and medical products most often face counterfeiting and piracy in Swaziland.
Does Swaziland have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
What are the specific laws/orders/rules laid down in Swaziland for the enforcement of Intellectual Property Rights?
They are as follows:
The Intellectual Property Tribunal Act of 2018
The Patent Act
The Banjul Protocol on Marks
The Competition Act 2007
The Copyright Prohibited Importation Act 1918
The Competition Commission Regulations Notice 2010
The Constitution of Kingdom of Eswatini
The Copyright (Rome Convention) Act 1933
The Copyright Act 1912
The Eswatini Copyright Law
The Eswatini Intellectual Property Tribunal Act 2018
The Harare Protocol on Patents and Industrial Designs
The merchandise marks regulation 1937
The Seeds and Plants Varieties Act 2000, The Patents, Utility Models, and Industrial Designs Act 1997,
The Trademark Act 1981
The Trademark Regulation 1989
What are the different types of IPRs protected by IPR enforcement in Swaziland?
Industrial designs, patents, utility models, seeds and plant varieties, copyright, and trademarks are the different types of IPRs protected by IPR enforcement in Swaziland.
What are the general IPR enforcement obligations in Swaziland?
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Is there any limitation period for filing an infringement action?
Which of the following IPR enforcement channels is/are available in Swaziland?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary – Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Swaziland?
A) Injunctions – Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Swaziland than the ones mentioned above? If yes, then kindly explain in brief.
No
What is the approximate timeline of civil litigation related to IPR enforcement in Swaziland?
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Swaziland? If yes, then kindly give 2-3 points?
No
Is criminal prosecution available in Swaziland for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Yes
Which is the responsible authority in Swaziland corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Intellectual Property Tribunal, High Court, Supreme Court
B) Imprisonment Term - Trademark: 06 months; Patents: a term not exceeding 05 years; and copyright: 02 months
C) Monetary Fine - Trademark: E2000; Patents: E10, 000; Copyright: 100 Rands
Are there any other criminal remedies available in Swaziland than the ones mentioned above? If yes, then kindly explain in brief.
No
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Swaziland? If yes, then kindly give 2-3 points?
No
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
ADR techniques are not readily utilized in Swaziland.
Are border control measures (customs) available in Swaziland for the enforcement of IPRs?
No
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
No
What are the remedies available under border control measures (customs) in Swaziland?
N/A
Who must bear the costs of customs intervention during enforcement?
N/A
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
N/A
Which are the best practices for enforcement of IPRs in Swaziland?
Proceedings at the Tribunal
Are there any risks involved in the enforcement of IPRs in Swaziland? If yes, then kindly give 2-3 points.
The lack of administrative measures and customs procedures to record and register one’s rights to intercept infringing goods is a barrier for the foreign investors and proprietors willing to enforce their rights in Swaziland.
