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Enforcement of IPRs in Swaziland


Enforcement of IPRs
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.
Medicines and medical products most often face counterfeiting and piracy in Swaziland.
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
Industrial designs, patents, utility models, seeds and plant varieties, copyright, and trademarks are the different types of IPRs protected by IPR enforcement in Swaziland.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary – Yes
D) Customs - Yes
A) Injunctions – Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
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
ADR techniques are not readily utilized in Swaziland.
Proceedings at the Tribunal
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.