WORLD TRADE  
ORGANIZATION  IP/Q/SWZ/1 
IP/Q2/SWZ/1 
IP/Q3/SWZ/1 IP/Q4/SWZ/1 
18 October 2007 
 
 
(07-4510) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English 
 
  
REVIEW OF LEGISLATION 
 
SWAZILAND
1 
  
 The present document reproduces the questions put to the Delegation of Swaziland and the 
responses given in connection with the review of le gislation undertaken at the Council's meeting of 
27 to 28 November 2001.
2 
 
_______________ 
 
 
I. RESPONSE TO A QUESTION POSED BY AUSTRALIA 
A. P ATENTS (INCLUDING PLANT VARIETY PROTECTION ) 
1. How does your country provide protection for new plant varieties as required under 
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it modelled?  Can new plant varieties be protected by patent in your country? 
  There is no provision in the patent legislation for the protection of new varieties of plants.  
The protection of new plant varieties is the re sponsibility of the Ministry of Agriculture and 
Cooperatives in the country.  
II. RESPONSES TO QUESTIONS POSED BY CANADA 
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS 
Agreement) have been implemented.  
 The enforcement obligations have not been fu lly implemented as envisaged by Articles 41-61 
of the TRIPS Agreement except that in infring ement cases it provides for imprisonment terms and 
fines for the guilty party. 
 
2. What protection does your Copyright Legislation afford to "foreign works"? 
 
 The Copyright Act 1912 does afford protection to any foreign works. 
 
                                                     
 
1 As regards laws and regulations notified by Swazila nd under Article 63.2 of the Agreement, reference 
is made to documents IP/N/1/SWZ/1, IP/N/1/SWZ/C/1 -3, IP/N/1/SWZ/E/1, IP/N/1 /SWZ/I/1, IP/N/1/SWZ/P/1, 
IP/N/1/SWZ/T/1 and IP/N/6/SWZ/1. 
2 The minutes of this meeting have been circulated as document IP/C/M/34. IP/Q/SWZ/1, IP/Q2/SWZ/1,  
IP/Q3/SWZ/1, IP/Q4/SWZ/1 Page 2 
 
 
 III. RESPONSES TO QUESTIONS POSED BY  THE EUROPEAN COMMUNITIES AND 
THEIR MEMBER STATES 
A. G
ENERAL PROVISIONS  
1. Please describe if your legislation includes measures necessary to protect public health 
and nutrition, and to promote the public int erest in sectors of vital importance to your 
socio-economic and technological development as mentioned under Article 8 of the TRIPS 
Agreement.  If yes, please explain how such me asures are consistent with the provisions of the 
TRIPS Agreement.  
 There are no provisions for protecting public hea lth and nutrition as stipulated under Article 8 
of the TRIPS Agreement in the legislation.  B. C
OPYRIGHT AND RELATED RIGHTS  
2. Please state how your legislation provides for the protection of the exclusive rights of 
authors in relation to their literary and artistic works, as specified in Article 9 of the TRIPS 
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and 
the Appendix to the Berne Convention (1971)).  
 The Copyright Legislation does not comply with Article 9 of the TRIPS Agreement. 
 3. Please describe the protection accorded to authors of computer programs, databases or 
compilations of data.  
 The legislation does not provide for the protection of authors of computer programs. 
 4. Please state whether your legislation provides fo r a rental right and, if so, the works to 
which it applies.  
 The legislation does not provide for the rental right. 
 
5. Please describe the rights granted to p erformers, producers of phonograms (sound 
recordings) and broadcasting organisations under your legislation. 
 
 Only the producers of sound recordings have rights over their works, with a duration period 
of fifty years.  6. Please state whether your legislation provides for any limitation or exception in relation 
to each of the rights described above in acco rdance with the relevant provisions of the Berne 
and Rome Conventions and in light of Arti cles 13 and 14.6 of the TRIPS Agreement. 
 
 The term of protection for producers of sound recordings is fifty years. 
  IP/Q/SWZ/1, IP/Q2/SWZ/1,  
 IP/Q3/SWZ/1, IP/Q4/SWZ/1  Page 3 
 
 
 7. Please state the terms of protection of ea ch right described above and the work or 
subject matter to which it applies.  
 Please see above.  
8. Please state how your legislation grants the retroactive protection provided pursuant to 
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS Agreement) and Article 14.6 of the TRIPS Agreement.  
 The Copyright Legislation does not comply with the Berne and Rome Conventions. 
 
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne 
Convention is protected in your legislation.  
 The legislation does not comply with the Berne Convention. 
 C. T
RADEMARKS  
10. Please give the definition of a sign under your national legislation and explain under 
what conditions it is protectable.  
 Trademark means an invisible sign used or propo sed to be used upon, in connection with or in 
relation to goods and services for the purpose of dis tinguishing in the course of trade or business the 
goods or services of a person from those of another. 
 
11. Please confirm whether or not services are a protectable subject matter in your 
trademark law.  Please confirm if signs, such as  trade names, are protectable.  Please describe if 
elements such as sound, perfumes and containers are protectable.  
 Services are protectable while sound and perfumes are not protectable. 
 
12. Please explain what the requirements of use are, if any, as a condition for a trademark 
registration.  Please explain the definition of  use and the conditions of maintenance of a 
registration in that respect.  
 Any person who or whose proposed registered user uses or proposes to use the trademark may 
apply for the registration of the trademark.  Use of  the trademark means, subject to Sections 29 and 
30, use thereof in relation to goods or services in a printer or visible representation. 
 
13. Please confirm whether or not your legislation permits that the registration of 
trademarks be indefinitely renewable.  
 The legislation permits that the registration of trademarks be indefinitely renewable. 
 
14. Please describe the special requirements, if any, prescribed by your legislation 
concerning the use of a trademark.  
 There are no special requirements on the use of a trademark other than that what has been 
explained above. 
 IP/Q/SWZ/1, IP/Q2/SWZ/1,  
IP/Q3/SWZ/1, IP/Q4/SWZ/1 Page 4 
 
 
 D. G
EOGRAPHICAL INDICATIONS  
15. Please explain whether or not your tr ademark registration authority refuses a 
trademark application if it contains a geographical indication.  
 There is no legislation in pl ace yet on geographical indications. 
 
16. Please give the definition of a geographical indication in your legislation. 
 
 There is no legislation in pl ace yet on geographical indications. 
 
17. Please describe and explain the provisions of your legislation establishing a link, if any, 
between the characteristics of an indication and its geographical origin.  
 There is no legislation in pl ace yet on geographical indications. 
 
18. Please describe how additional protection is granted by your legislation to wines and 
spirits.  Please mention other types of products, if any, covered by this additional protection. 
 
 There is no legislation in pl ace yet on geographical indications. 
 19. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in 
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered as generic in your jurisdiction.  
 There is no legislation in pl ace yet on geographical indications. 
 
E. I
NDUSTRIAL DESIGNS  
20. Please explain whether or not your legislation extends to the protection of designs 
dictated essentially by technical or functional considerations.  Please explain how textile designs 
are protected.  
 Textile designs are not provided for in our legislation. 
 
21. Please explain how your legislation protects right holders of a design against importing 
of articles bearing embodied or copied design.  
 The legislation protects holders of a design as follows: 
 
Section 32(2) of the legislation provides that on the request of the owner of the title of the protection, or of a licencee if he has requested  the owner to institute  court proceedings of 
specific relief and the owner has refused or faile d to do so, the court may grant an injunction 
to prevent infringement, award damages and gr ant any other remedy provided for in common 
law. 
 
22. Please state whether or not your legislation pr ovides for the right to issue a compulsory 
licence for industrial designs.  
 There is no provision for compulsory licence in resp ect of industrial designs in the legislation. 
  IP/Q/SWZ/1, IP/Q2/SWZ/1,  
 IP/Q3/SWZ/1, IP/Q4/SWZ/1  Page 5 
 
 
 23. Please indicate for what period of time your legislation grants protection for industrial 
designs. 
 
 The legislation presently in force in the Kingdom of Swaziland is Patents, Copyright and 
Designs Act 72/1936 and the term of protection granted to industrial designs is 15 years. 
 
F. P
ATENTS  
24. Please describe how your legislation defines the notions of: novelty, inventiveness and 
industrial application. 
 
 The legislation on Patents defines the notions as follows:  
(a) Section 4 (1) of the Act provides that an inven tion is new if it is not anticipated by prior 
art.  Prior art consists of everything disclo sed to the public anywhere in the world by 
publication in tangible form or oral disclosure, by use or in any other way, prior to the 
filing or where appropriate, the priority da te, of application claming for invention. 
(b) Inventiveness or inventive step means having regard to the prior art relevant to the 
application claiming the invention, it would not have been obvious to a person having ordinary skill in the art. 
(c) Industrial applicability refers to a situation where the invention can be used in that 
particular industry of field of technology. 
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are 
enjoyed without any exclusions.  If exclusions  are provided for, please describe in detail how 
these exclusions are applied in legal as well as practical terms.  
 Section 12(4) of the Patent Legislation provi des that the rights under the patent shall not 
extend to:  
• Acts in respect of articles that have been  put to the market of Swaziland by the owner 
of the patent or with his consent. 
 
• The use of articles on aircraft, land vehicles or vessels of other countries which 
temporarily or accidentally enter the airspace, territory or waters of Swaziland. 
 
• Acts performed by any person who in good faith  before the filing or where priority is 
claimed, the priority date of the applica tion on which the patent is granted and in 
Swaziland was why the invention or making eff ective and serious preparations for such 
use, to the extent such acts do not diffe r in nature or purpose from the actual or 
envisaged prior use and provided that the right or prior user preferred to herein may be 
transferred or devolve only together with the en terprise or business, or with that part of 
the enterprise or business in whic h the use or have been made. 
 IP/Q/SWZ/1, IP/Q2/SWZ/1,  
IP/Q3/SWZ/1, IP/Q4/SWZ/1 Page 6 
 
 
 26. Please explain whether your legislation provid es for the exclusion of inventions from 
patentability based on ordre public or morality.  If so, please explain the relevant section of your 
legislation and explain its formulation.  Please al so explain if it has been applied in practice. 
 
 The Patent Legislation provides that inventions  that are contrary to public order or morality 
shall not be patentable.  The relevant section is Sec tion 4 (5) of the Act.  It has not been applied in 
practice yet.  
27. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded 
from patentability in your legislation.  If so, please explain the relevant section of your 
legislation and explain its formulation.  
 Diagnostic, therapeutic and surgical methods  are provided for in the legislation at 
Section 3 (3) and it provides that methods for treatment of human body or animal body by surgery of 
therapy as well as diagnostic methods practiced on human  or animal body, but this provision shall not 
apply to products for use in any of those methods.  
28. Please explain whether or not plants, anim als and essentially biological processes are 
excluded from patentability in your legislation.  If so, please explain the relevant section of your legislation and explain its formulation. 
  Plants, animals and biological processes are not  provided for in the Patent Legislation. 
 
29. Please describe how micro-organisms, non-essentially biological processes, 
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in 
this respect, the relevant sections of your legislation. 
 
 Micro-organisms, biological processes, micro- biological and plant varieties are not provided 
for in the Patent Legislation.  
30. Please explain how your legislation protects patent right holders against the importing 
and against the offering for sale of a patented invention. 
 
 Section 12 of the Patent Legislation provides that  the exploitation of the patented invention in 
Swaziland by persons other than the owner of the patent, shall require th e patent right holder's 
agreement. 
 
31. Please state if your legislation provides for patent product protection of pharmaceutical 
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference. 
 
 There are no provisions for pharmaceutical and chemical products in the legislation. 
 32. Please clarify if the patent protection of a pr ocess, as provided for in your legislation, 
covers the product obtained directly by that process.  
 There is no clear provision in the legislation fo r a product obtained directly by that process. 
  IP/Q/SWZ/1, IP/Q2/SWZ/1,  
 IP/Q3/SWZ/1, IP/Q4/SWZ/1  Page 7 
 
 
 33. Please explain the additional conditions, if any, in your legislation other than the 
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of 
justification for access to genetic material or prior inform consent to its use).  If such additional 
conditions exist, please point out the relevant le gislation and describe the additional conditions 
in detail. 
 
 There are no additional conditions concerning discl osure other than the ordinary disclosure of 
an invention contained in Article 29 of the TRIPS Agreement.  34. Please describe if your legislation provides for limited exceptions to the exclusive rights 
conferred by a patent.  If affirmative, pl ease make a reference to relevant legislation. 
 
 See the answer to question 28 above.  35. Please explain whether or not your legislation provides for compulsory licensing.  If so, 
please explain in detail the conditions under which a compulsory licence may be granted.  In 
particular, please explain how your national le gislation considers individual merits in the 
authorization of such use.  
 The legislation provides for compulsory licensing under Section 12 (6) (a) and it provides that where the public interest in particular national secur ity, nutrition, health or development of other vital 
sectors, the national economy so requires the Minister may decide that even without an agreement of 
the owner of the patent, a government agency or  a third person designated by the Minister, may 
exploit the invention, subject to the payment of  an equitable remuneration to the said owner.  
However, the decision of the Minister may be app ealable before the court within three months from 
the date it was made. 
 
36. Please explain how your legislation explicit ly ensures that a proposed user has made 
efforts to obtain authorization from the ri ght holder on reasonable commercial terms and 
conditions and that such efforts have not been su ccessful within a reasonable period of time.  In 
this context, how do you define "reasonable p eriod of time".  Please also explain how your 
legislation ensures that the use of a compulsory licence shall be authorised predominantly for 
the supply to the domestic market of the Member authorizing such use.  
 There is no provision in the legislation for such. 
 
37. Please state if your legislation grants additional protection for innovations after the 
20 years of patent protection has lapsed.  
 The legislation does not grant additional protec tion for innovations after the 20 years of patent 
protection has lapsed.  38. Please explain how your legislation provides for the reversal of the burden of proof in 
relation to process patents.  
 The Patents, Copyright and Designs Act 72/1936 does not have a provision on process 
patents, including the reversal of the burden of proof .  However, in terms of the legislation the effect 
of any patent legislation in Swazila nd is such that so long as the patent registration in respect of which 
it is registered, remains in force in the Republic of South Africa or United Kingdom, and so long as he 
is the proprietor of the patent, that person can enjo y in Swaziland the same rights and privileges and is 
subject to the same duties, obligations and conditio ns as have been confe rred or imposed upon him by 
the said patent registration with the Repub lic of South Africa or the United Kingdom. IP/Q/SWZ/1, IP/Q2/SWZ/1,  
IP/Q3/SWZ/1, IP/Q4/SWZ/1 Page 8 
 
 
  
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
39. Please describe how your legislation protects topographies. 
 
 The legislation on this is not yet in place. 
 
40. Please explain what protection your national legislation grants to right holders against 
the unlawful importation, sale or distribut ion for commercial purposes of topographies 
including integrated circuits or other articles  in which a topography is incorporated in 
accordance with Article 36 of the TRIPS Agreement. 
 
 The legislation on this is not yet in place. 
 
41. Please explain how your legislation provides for the derogation from Article 36 as 
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable 
grounds to know when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains an unlawful topography.  
 
 The legislation on this is not yet in place.  42. Please state the term of protection granted by your legislation to topographies. 
 
 The legislation on this is not yet in place. 
 H. P
ROTECTION OF UNDISCLOSED INFORMATION  
43. Please explain whether or not your legislation grants a defined period of time for the 
protection of undisclosed information.  If so, please give the time span.  
 The legislation on this is not yet in place. 
 
44. Please explain how your legislation defines "undisclosed information". 
  The legislation on this is not yet in place. 
 
45. Please explain how your legislation defi nes data submitted to governments or 
governmental agencies. 
  The legislation on this is not yet in place. 
 I. E
NFORCEMENT  
46. Please describe how your legislation provides fo r effective action against infringement of 
intellectual property rights. 
  The legislation provides for heavy fines, imprisonment period on both to the guilty party on 
infringement cases.   IP/Q/SWZ/1, IP/Q2/SWZ/1,  
 IP/Q3/SWZ/1, IP/Q4/SWZ/1  Page 9 
 
 
 47. Please explain whether or not your legislat ion provides for a mechanism to appeal to 
judicial bodies of final administrative decisions.  
 The legislation allows for appeal procedures at the High Court.  
48. Please describe how your legislation authorizes judges to order production of evidence 
by the opposing party.  Please give precise info rmation on what measures are taken to ensure 
the protection of confidential information.  
 There are no specific provisions in the legislation that allow the judges to order production of 
evidence by the opposing party.  
49. Please quote provisions of your legislation that  authorize judges to order a defendant to 
desist from an infringement. 
  Part IX of the Trademarks Legislation and Section 32 of the Patents Legislation. 
 
50. Please quote what provisions of your legisl ation authorize judges to order the payment 
to the right holder of adequate damages to compensate the injury he suffered. 
 
 There are no specific procedures on the award of damages in the intellectual property 
legislation.  However, the civil procedur e will take care of the damages incurred. 
 
51. Please quote what provisions of your legisl ation authorize judges to order the payment 
of the right holder's expenses by the infringer. 
  There are no specific provisions in the legislation. 
 
52. Please explain if and how judges have the authority to order that infringing goods are 
placed outside channels of commerce or destroyed.  
 There are no specific provisions in the legislation. 
 
53. Please quote what provisions of your legislation authorize judges to indemnify a 
defendant in the event of abuse by the plaintiff.  
 There are no specific provisions in the legislation. 
 
54. Please explain how your legislation implemen ts Article 50 of the TRIPS Agreement. 
 
 Although the legislation does not fully comply with Article 50 of the TRIPS Agreement, 
Section 13 of the Merchandise Marks Act provides th at for all goods liable for forfeiture including all 
goods of foreign manufacture bearing any name of a trade in Swaziland unless such name or 
Trademark is accompanied by a definite indication of the country in which the goods were made, or produced are prohibited to be imported and if an y such goods are imported contrary to these 
provisions these goods shall be forfeited.  IP/Q/SWZ/1, IP/Q2/SWZ/1,  
IP/Q3/SWZ/1, IP/Q4/SWZ/1 Page 10 
 
 
 55. Please identify the competent authorities in your jurisdiction who receive requests from 
right holders for an application to suspend the release of counterfeit goods by the customs authorities.  
 The competent authorities who receive requests fro m right holders for applications to suspend 
the release of counterfeit goods are Law Enforcem ent Agencies such as Courts, Police, the Army 
Personnel as well as Customs Officials.  
56. Please indicate whether or not procedures are available to suspend the exporting of 
counterfeit goods. 
 
 The legislation does not provide for the susp ension of the exportation of counterfeit goods.  
However, the Criminal Procedure and Evidence Legislation does provide for that.  57. Please indicate whether or not your legislation provides for a de minimis  imports 
exception.  
 There is no provision for that in the legislation. 
 
58. Please explain how your legislation implemen ts Article 61 of the TRIPS Agreement. 
  Although the Trademark Legislation does not provide for criminal procedures and penalties 
for useful trademark counterfeiting (Article 61 of the TRIPS Agreement), Section 3 of the Merchandise Marks Law, provides that it is an offen ce to forge a trademark or to falsely apply to 
goods any trademark or mark so nearly resembli ng a trademark as to be calculated to deceive. 
 
IV. RESPONSE TO A QUESTION POSED BY JAPAN 
A. C
OPYRIGHT AND RELATED RIGHTS  
1. Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in 
Articles 3 and 4 of the TRIPS Agreement. 
 
 The exceptions on exemptions stat ed in the Copyright Law are: 
 
(i) any fair dealing with any work for the purpose of private study, research, criticism, 
review or newspaper summary; 
 
(ii) where the author of an artistic work author izes another person to use his work such as 
mould, cast, sketch, plan, model or study made by him for the purpose of the work.  The user of the work of the copyright owne r, is prohibited from repeating or imitating 
the work; 
 
(iii) the making on publishing of paintings, drawings , engraving or photographs of a work 
of sculpture an artistic craftsmanship, if  permanently situated in a public place on 
building; 
 
(iv) the publication in a collection mainly  composed of non-copyright matter, "bona fide"  
intended for the use of schools; 
  IP/Q/SWZ/1, IP/Q2/SWZ/1,  
 IP/Q3/SWZ/1, IP/Q4/SWZ/1  Page 11 
 
 
 (v) the publication in a newspaper of a report of  a lecture delivered in public, unless the 
report is prohibited by conspicuous writte n on printed notice affixed before and 
maintained during the lecture at or about th e main entrance of the building in which the 
lecture is given, and except, whilst the build ing is being used for public worship, in a 
position near the lecture;  and 
 
(vi) the reading on recitation in public by one person of any reasonable extract from any 
published work. 
 
V. RESPONSES TO QUESTIONS POSED BY SWITZERLAND 
A. P
ATENTS  
1. Does your legislation grant patent protection for inventions relating to products and 
processes in all fields of technology?  Are there an y exceptions?  If so, please explain what these 
exceptions are and how they comply wi th Article 27 of the TRIPS Agreement. 
 
 Patent protection is granted in all fields of technology and the ex ception is that inventions that 
are contrary to public order or morality shall not be patentable. 
 
2. Does your legislation, in accordance with Arti cle 27.1 in combination with Article 31 of 
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude 
compulsory licensing, if a product is being imported)?  
 There is no provision in the patent law rega rding the importation as a "working patent" if a 
product is being imported. 
 
3. Does your legislation make the granting of  a compulsory license subject to all the 
conditions enumerated in Article 31 of the TR IPS Agreement?  Please cite the relevant 
provisions of law. 
  Yes.  The relevant provision of the law is S ection 12 (6) (a) of the Pa tent Utility Models and 
Design Act 6/1997 that has already been notified at the World Trade Organization (WTO).  
4. Does your legislation provide for the principle of the reversal of burden of proof in a 
process patent litigation?  Please cite the relevant provisions of law. 
  There is no provision for the reversal of the burden of proof in respect of a process patent 
litigation.  B. P
ROTECTION OF UNDISCLOSED INFORMATION  
5. Please explain in detail if your legislation ensures that undisclosed test or other data 
submitted by an applicant to the responsible State agency in the procedure for market authorisation of a pharmaceutical or of an agr icultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market auth orisation for a similar product.  Does your 
legislation provide for exceptions to this?  If yes, under what conditions would such exceptions 
apply?  Does your legislation set a specific term of  protection for undisclosed test or other data 
of the first applicant?  IP/Q/SWZ/1, IP/Q2/SWZ/1,  
IP/Q3/SWZ/1, IP/Q4/SWZ/1 Page 12 
 
 
  There is no legislation on undisclosed information. 
 C. E
NFORCEMENT  
6. Please indicate remedies provided by your legislation which constitute effective 
deterrents to infringements of intellectual property rights. 
 
 The legislation provides for both imprisonment te rm and high fines in cases of infringement 
to the guilty party.  7. Please describe any new initiatives that are planned to improve enforcement of 
intellectual property rights in your country, pa rticularly initiatives related to criminal 
enforcement.  
 An amendment Bill to the Patent Utility Models  and Design Act is currently being finalized 
which will also incorporate some criminal enforcement provisions as well.  The World Trade 
Organization (WTO) will be notified accordingl y once this has been  passed into law. 
 
VI. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES 
A. G
ENERAL  
1. Please describe, in relation to each form of intellectual property covered by the TRIPS 
Agreement, including plant variety protection, the manner in which national treatment and 
most favoured nation treatment are provide d to nationals of other WTO Members. 
 
 Plant variety protection is not provided for under the patents legislation.  In as far as national 
treatment and the most favoured na tional treatment, Swaziland is a signatory to both the Paris and 
Berne Conventions, and therefore, nationals of other WTO Members are treated as provided by the 
these Conventions. 
 
B. COPYRIGHT AND RELATED RIGHTS  
2. Please explain whether and how the copyri ght law of Swaziland complies with Article 9 
of the TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the 
Berne Convention (1971), except Article 6bis, since Members do not have rights or obligations 
relating to the latter Article under the TRIPS Agreement.  
 The Copyright Law of Swaziland does not comply  with Articles of the TRIPS Agreement. 
 3. Please explain how the copyright law of Swaziland protects computer programs as literary works and complications of data as required by Article 10 of the TRIPS Agreement. 
 
 The Copyright Law does not protect computer programs as required by Article 10 of the 
TRIPS Agreement.  4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs and cinematographic works be available.  Please cite to the corresponding provision of the 
copyright law of Swaziland.  
 There is no provision on the Copyright Law of Swaziland for rental rights for computer 
programs and cinematographic works.  IP/Q/SWZ/1, IP/Q2/SWZ/1,  
 IP/Q3/SWZ/1, IP/Q4/SWZ/1  Page 13 
 
 
  
5. Please state the length and terms of prot ection the copyright law of Swaziland provides  
for a work other than a photographic work or a work of applied art and cite to the relevant provision of law. 
  The term of copyright protection in Swaziland is th e life of the life of the author and a period 
of fifty years after his/her death.  
6. Please describe the protection the copyright law of Swaziland provides for performers, 
and the term of the protection. 
 
 The copyright law does not provide for performers and the term of protection. 
 
7. Article 14.2 of the TRIPS Agreement provi des that producers of phonograms are to 
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.  
Article 14.2 requires that producers of phonogr ams are to have the right to authorize or 
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please 
describe how the copyright law of Swaziland implements these obligations and indicate the term of protection.  
 Copyright exists in records, perforated ro lls, and other countruances by means of which 
sounds may be mechanically reproduced.  The producers of such phonograms enjoy the right to 
authorize or prohibit reproduction thereof.  The term  of copyright protection is fifty years from the 
making of the original phonogram.  
C. T
RADEMARKS  
8. Please describe the subject-matter that can comprise a trademark under the trademark 
law of Swaziland.  
 The subject-matter that comprises a trademark is  a visible sign used or proposed to be used 
upon, in connection with or in relation to goods and services of a person from those of another. 
 
9. Please describe the procedure that must be followed to register a trademark in 
Swaziland, citing the relevant provisions of the law, and describe the rights that the owner of a registered mark can exercise.  
 The procedure that must be followed to register a trademark in Swaziland is that any person 
who or whose proposed registered user uses or  proposes to use a trademark may apply for the 
registration of that mark.  The application shall be in writing to the Registrar and shall include: 
 
(a) the name and address of the applicant; 
(b) the trade or business description of the applicant; 
(c) a reproduction of the trademark; 
(d) the particular goods and services in respect of  which registration of the Trade Mark is 
applied for, listed under the applicable classes of the international classification; 
(e) an address for service within Swaziland, accomp anied by a power of attorney in favour 
of a trademark agent resident a nd practicing in Swaziland;  and IP/Q/SWZ/1, IP/Q2/SWZ/1,  
IP/Q3/SWZ/1, IP/Q4/SWZ/1 Page 14 
 
 
 (f) a declaration that the applicant or his/her proposed registered user is using or proposes 
to use the trademark in Swaziland. 
10. Please provide the length and terms of pr otection that the trademark law of Swaziland 
provides for a trademark. 
  The length of the protection is 10 years subject to the renewal terms of the proprietor if he is 
still interested in using the mark.  D. G
EOGRAPHICAL INDICATIONS  
11. Please describe in detail how the laws of Swaziland provide for the recognition and 
protection of geographical indications required by  Article 22.2 of the TRIPS Agreement, citing 
to the relevant provisions of law or regulation, and provide examples of geographical indications so protected.  
 The legislation is not yet in place. 
 
12. Please describe in detail the manner in which the higher level of protection required for wines and spirits under Article 23.2 of the TRI PS Agreement is implemented, citing to the 
relevant provisions of law or regulation, and provide examples of geographical indications for such products. 
  The legislation is not yet in place. 
 E. I
NDUSTRIAL DESIGNS  
13. Please describe the procedure that must be  followed to obtain protection for industrial  
designs, citing to the provisions of the la w of Swaziland, and describe the nature of the 
protection provided.  
 The procedure to obtain an industrial design protec tion is that the application of an industrial 
design shall be filed with the Registrar and shall co ntain a request, drawing, or other adequate graphic 
representations of the article embodying the industrial  design and an indication of the kind of products 
for which the industrial design will be used.  The a pplication may be accompanied by a specimen of 
the article embodying the industrial design and shall be accompanied by the payment of the prescribed 
application fee.  Where the applicant is not the creator, the request shall be accompanied by the 
statement justifying the applicant's right  to the registration of the design. 
 14. Please describe the procedure that must be followed to obtain protection for textile 
designs and cite to the relevant provisions of law or regulation.  
 Textile designs are not provided for in the legislation. 
  IP/Q/SWZ/1, IP/Q2/SWZ/1,  
 IP/Q3/SWZ/1, IP/Q4/SWZ/1  Page 15 
 
 
 F. P
ATENTS  
15. Please describe in detail the way in which the patent law of Swaziland implements 
Article 27 of the TRIPS Agreement, indicating  any exceptions provided for, and including 
details regarding the protection for micro-or ganisms and non-biological and microbiological 
processes and plant varieties.  Please cite to the relevant provisions of the law. 
 
 Section 3 of the Patent Law implements the pr ovisions of Article 27 of the TRIPS Agreement. 
The exceptions provided are methods for the treatment  of the human or animal body by surgery or 
therapy, as well as diagnostic methods practiced on the human or animal body, but those provisions 
shall not apply to products for use in any of tho se methods.  Plant varietie s and micro-organisms are 
not provided for in the law.  
16. Please describe in detail the rights provi ded patent holders under the patent law of 
Swaziland and cite to the relevant provisions of law. 
  The rights provided to patent right holders are that the right to a patent shall belong to the 
inventor.  If and to the extent to which two or  more persons have made the same invention 
independently of each other, the person whose applica tion has the earliest filing date or, if priority is 
claimed the earliest validity claimed priority date an d leads to a patent, shall have the right to the 
patent.  Where an invention is made in the execution of an employment contract, the right to the 
patent shall belong, in the absence of contracted provisions to the contrary to the employer.  The 
relevant provision of the law is Section 5 of the Patent Law.  
17. Please describe in detail any provisions in the laws of Swaziland permitting 
unauthorized use of a patent, citing to the rele vant provisions of law, and describe in detail the 
conditions under which such use can occur. 
 
 Unauthorized use of a patent may occur wher e the public interest in particular national 
security, nutrition, health or the development of other vital sectors of the national economy so requires, the Minister may decide that even without the agreement of the owner of the patent, a Government agency or a third person designated by th e Minister may exploit the invention, subject to 
the payment of an equitable remuneration to the sai d owner.  The relevant provision of the law is 
Section 12(6) of the Patent law.  
18. What term of protection does the patent la w of Swaziland provide for patents?  Please 
describe any provisions for extension of the term of protection and cite to the relevant 
provisions of the law. 
 
 The term of protection is twenty years for pate nts and this is provided for in the law under 
Section 13(1) of the Patent Law.  G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
19. Please describe in detail the protection for layout-designs of integrated circuits provided 
under the laws of Swaziland, including the term of  protection, and cite to the relevant provisions 
of law.  
 The legislation is not yet in place.  IP/Q/SWZ/1, IP/Q2/SWZ/1,  
IP/Q3/SWZ/1, IP/Q4/SWZ/1 Page 16 
 
 
 H. P
ROTECTION OF UNDISCLOSED INFORMATION  
20. Please describe in detail how the laws of Swaziland provide for the protection of 
undisclosed information as required by Articl e 39.2 of the TRIPS Agreement and provide 
citations to the relevant provisions of law. 
  The legislation is not yet in place. 
 
21. Please describe in detail the manner in whic h protection is provided test data regarding 
pharmaceutical and agricultural chemical produc ts submitted to the government in order to 
obtain marketing approval in Swaziland and cite to the relevant provisions of law. 
 
 The legislation is not yet in place. 
 
22. Are other applicants for marketing approv al for their own versions of a previously 
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted 
by the earlier applicant?  If so, how long a peri od of exclusivity is given the earlier applicant 
before such reliance becomes possible.  
 The legislation is not yet in place. 
 
I. E
NFORCEMENT  
23. Please describe in detail the manner in which the laws of Swaziland provide for effective 
action against infringement of intellectual prop erty rights as required by Article 41.1 of the 
TRIPS Agreement.  
 In infringement cases the law provides for both imprisonment term and high fines on the 
guilty part. 
 
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate  a party's claims where that party has been 
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or 
regulations of Swaziland provide this authorizatio n, citing to the relevant provisions of law or 
regulation.  
 Article 43.1 of the TRIPS Agreement is not  provided for in the patent legislation. 
 25. Please describe in detail the all of the civil remedies that are available to right holders 
under the laws of Swaziland, citing to the relevant provisions of law or regulation.  
 Any person who is guilty of an offence in te rms of the Act shall be fined or serve an 
imprisonment term or both.  This is provided for under Section 32 of the Patent Law, and Part XI of 
the trademark law. 
 
26. Please describe in detail the provisional  procedures and remedies available to right 
holders under the laws of Swaziland, citing to the relevant provisions of law and regulation, and 
indicate any condition under which a right holder may avail itself of those procedures and remedies. 
  There are provisional procedures in the legislation. 
  IP/Q/SWZ/1, IP/Q2/SWZ/1,  
 IP/Q3/SWZ/1, IP/Q4/SWZ/1  Page 17 
 
 
 J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES  
27. Please describe in detail the procedures under the laws of Swaziland that provide for 
border enforcement at least for trademark counter feiting and copyright piracy, identifying the 
competent authority and citing to the relevant provisions of law or regulation. 
  In the intellectual legislation there are no provisions for border enforcements. 
 
28.  Please indicate if border enforcement is ava ilable to owners of other forms of intellectual 
property and, if so, please describe the procedur es and remedies available in relation to each 
form of intellectual property, citing the relevant provisions of law. 
 
 In the intellectual legislation there are no provisions for border enforcements. 
 
29. Article 58 of the TRIPS Agreement speci fies procedures to be followed where the 
competent authorities can act ex officio.  Plea se explain whether the competent authorities in 
Swaziland are empowered to act ex officio and, if so, please identify the intellectual property 
areas subject to ex officio action.  
 The intellectual property laws presently in fo rce in Swaziland do not have "ex officio" action 
provisions, as outlined under Article 58 of the TRI PS Agreement.  However, it is worth noting that 
the country is presently in the process of finaliz ing the necessary amendments of the intellectual 
property legislation to be compatib le with all our international oblig ations.  These amendments will be 
deliberated in Parliament in the near future, and once it is passed into law they will immediately be 
notified accordingly to the World Trade Organization (WTO).  
 However, it is also worth noting that where a competent authority has reason to believe that 
there are infringing goods that are about to be circulated, the competent authority may file an application for the court's authority to order provisional measures under the common law, the Criminal Procedure and Evidence Act, as well as the Merchandise Marks Act.   The aforementioned measures are ordered where there is a real and well-founded 
apprehension that the alleged infringing goods, th e equipment used to manufacture them and other 
records of the alleged infringing business activities may be hidden or destro yed or in some other 
manner be spirited away by the time the case comes to court.   A search and seizure order is initiated by applying to the court for a search warrant 
authorizing the search and seizure.  The court will i ssue the warrant if it is satisfied that there are 
reasonable grounds for believing that there are infri nging goods or other records in the possession of 
any person or at any premises.   Usually the seized goods remain in the custody of the law enforcement agencies until criminal 
proceedings have been concluded. 
 IP/Q/SWZ/1, IP/Q2/SWZ/1,  
IP/Q3/SWZ/1, IP/Q4/SWZ/1 Page 18 
 
 
 K. C
RIMINAL PROCEDURES  
30. Please describe in detail how the laws of Swaziland implement Article 61 of the TRIPS 
Agreement that requires Members to have cri minal procedures and penalties, including 
imprisonment and/or monetary fines sufficient to ac t as a deterrent, at least for cases of wilful 
trademark counterfeiting and copyright infringeme nt on a commercial scale.  Please cite to the 
relevant provisions of law and regulation.  
 There are no provisional procedures in the legislation. 
 31. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture 
and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence.  Please describe the provisions in the laws of 
Swaziland that provide for such remedies, and describe the circumstances in which those remedies would be imposed, citing to the relevant provisions of law or regulation. 
  There are no provisional procedures in the legislation. 
 
32. Article 61 also indicates that Members may provide for criminal procedures and 
penalties in cases of wilful infringement of other forms of intellectual property.  Please describe any provisions of the laws of Swaziland that prov ide for such procedures and remedies, citing to 
the relevant provisions of law or regulation. 
 
 There are no provisional procedures in the legislation. 
 L. S
TATISTICAL QUESTIONS  
33. Please provide statistical information related  to civil copyright, trademark, geographical 
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcement for 2000, including the number of ca ses filed;  injunctions issued;  infringing 
products seized; infringing equipment seized;  cases resolved (including settlement);  and the 
amount of damages awarded.  
 There were no civil cases covering intellectual pr operty that went to court in the year 2000. 
 
34. Please provide statistical information relat ed to criminal enforcement in the area of 
copyright piracy and trademark infringement  for 2000, including the number of raids, 
prosecutions, convictions, and the amount of fin es and/or jail terms (including whether the fines 
were paid and whether the jail term was actu ally served or was suspended) and any other 
information establishing that the criminal system operates effectively to deter copyright piracy 
and trademark counterfeiting.  
 There were no civil cases covering intellectual pr operty that went to court in the year 2000. 
 
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