South Africa:
Sudan Has Scrapped IP Appeal Committees In Favour Of Court Processes
07 March 2019
Adams & Adams
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The Registrar General of Intellectual Property in Sudan has
recently announced a change in the prosecution of trade marks in
Sudan. The mandate of committees of appeal has been terminated,
meaning that all written submissions challenging official actions
must now be filed as applications before the High Court.
The rationale behind the Registrar General of Intellectual
Property's decision is jurisdictional. Article 16(2) of The
Trade Marks Act, 1969 states; "Any refusal by the Registrar to
register a mark or any condition, amendment, modification or
limitation imposed by him shall be subject to appeal to the
Court."
The Registrar General has interpreted the above section as
limiting jurisdiction to receive arguments against official actions
to the Courts. Practically speaking, interested parties will now
have to challenge unfavourable official actions by filing an
application with the High Court. This application must be filed
within one month from the date of issuance of the official
action.
To date, no decision has been taken or communicated in respect
of pending appeals lodged with the committee of appeals prior to
the Registrar General's announcement.
We will continue to engage with the Registry regarding the
status of pending responses to official actions in Sudan. We will
keep you advised with further updates as they become available.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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