WORLD TRADE  
ORGANIZATION   
IP/N/1/SWZ/1 
5 May 2004  
 
(04-1992) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
SWAZILAND 
 
 
 By means of a communication from its Ministry of Foreign Affairs and Trade, dated 22 March 2004, Swaziland has notified its Ma in Dedicated Intellectual Property Laws and 
Regulations, under Article 63.2 of the Agreement.   
 These laws and regulations are listed in Annex I below. 
   IP/N/1/SWZ/1 
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ANNEX I 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
 
 
 
TITLE 
DATE OF ADOPTION 
ENTRY INTO FORCE 
  
BRIEF DESCRIPTION 
Copyright and related rights   
Copyright Act No. 36 of 1912.1 
 
 The Act regulates copyright.  It makes provision 
for the registration and protection of the following works:  architectural, artistic, 
cinematographic, published editions, dramatic 
works, engravings, literary and musical works.  The duration of the protection of these works is life of the author and 50 years after  his death.   
Copyright  (Prohibited Importation) Act No. 35 
of 1918.2 
  The Act makes provision for the operation within 
Swaziland of Section 14 of the Copyright Act 1911 of the United Kingdom.   
Copyright (Rome Convention) Act No. 1 of 
1933.3 
  This is an act to impl ement the Rome Convention 
in Swaziland.   
Trademarks   
Trade Marks Act No. 6 of 1981.4 
 
 This is an act to provide for the registration and 
protection of trademarks of goods and services.  It regulates the application procedure, examination, opposition and registration of trademarks in Swaziland. 
 
 
                                                      
1 See document IP/N/1/SWZ/C/1. 
2 See document IP/N/1/SWZ/C/2. 
3 See document IP/N/1/SWZ/C/3. 
4 See document IP/N/1/SWZ/T/1.  IP/N/1/SWZ/1 
 Page 3 
 
 
 
 
TITLE 
DATE OF ADOPTION ENTRY INTO FORCE 
  
BRIEF DESCRIPTION 
Merchandise Act No. 24 of 1937.5 
 
 The Act regulates the marking of merchandise 
and of coverings in or with which goods are sold and the use of certain words or emblems in connection with business.  Basically, the Act 
outlaws false description of goods as to quality, 
kind, origin, measure, ownership, weight, gauge, mode of manufacture, fitness for purpose, strength, performance, etc.  
 
Geographic indications 
  
There is no specific legislation relating to 
geographical indications yet in Swaziland.  However, where appropriate, measures from 
other relevant legislation such as the following, 
may be used:    
Merchandise Act No. 24 of 1937.5 
 
 This is an act to provide against the use of false 
trade description and forged trademarks. 
The Act basically outlaws the false application of a trade description and since geographic indications inherently describe the quality of goods and thus if they are falsely applied to goods that becomes an offence under this law. 
It further outlaws the sale of goods with false 
descriptions and so goods bearing false geographical indications are prohibited from being sold in Swaziland.  
 
Patents and related rights 
  
Patents Utility Models a nd Industrial Designs Act 
No. 6 of 1997.6 
 
 The Act provides for the registration and 
protection of inventions, utility models and industrial designs. 
 
 
 - Patents  The Act provides for the registration and granting 
of letters patent for inventions.  The duration of a patent is 20 years after the filing date of the 
patent. 
 
                                                      
5 See document IP/N/1/SWZ/E/1. 
6 See document IP/N/1/SWZ/I/1. IP/N/1/SWZ/1 
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TITLE 
DATE OF ADOPTION 
ENTRY INTO FORCE 
  
BRIEF DESCRIPTION 
 - Industrial designs  The Act provides for the registration and 
protection of industrial designs.  The duration of an industrial design is 5 years, renewable for further two consecutive 5-year extensions.  
 
Seed and Plant Variety Act No. 7 of 2000.7 
 
 The Act provides for a system wherein rights 
relating to new varieties of certain kinds of seeds (plants) may be granted and registered.  It also provides for the protection of such rights and 
grants of licences in respect of the exercise 
thereof.   
Protection of undisclosed information   
There is no legislation relating to the protection 
of undisclosed information yet in Swaziland.    
 
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7 The text of this Act will be circulated as  soon as it is received in the Secretariat.