News from good friends Spoor & Fisher in February 2015 here of what is, or is not, happening in South Sudan. For those who cant click through they say:
"South Sudan
South Sudan gained full independence from Sudan in 9 July 2011, which means that Sudanese trade mark registrations no longer have any effect in South Sudan. Unfortunately South Sudan has not passed its own trade mark legislation either which means, quite simply, that there is no trade mark law. Notwithstanding this, the Business Registry of South Sudan is accepting and processing trade mark applications, and it is being guided by the Sudan Trade Marks Act of 1969.
So what effect do these applications have? Although they have no official effect, the general feeling is that they will be recognised in the sense that a certificate issued under this system will be cited against a later application, and may possibly even be recognised in litigation. The received wisdom also is that any trade mark legislation that is eventually passed will ratify and recognise registrations that were granted under the informal system, and that they will run for ten years from the filing date. It is therefore worthwhile filing in South Sudan.
The filing process under the informal system is quite particular. Only single-class applications may be filed; it is necessary to submit a notarised Power of Attorney and a notarised Certificate of Incorporation or Extract from the Commercial Register; and it is also necessary to submit a representation of the mark and a picture or photo showing how the mark is to be applied to the goods claimed. In cases where the application covers beverages for human consumption, the picture requirement is replaced by one requiring real samples of the container containing the beverage and showing the trade mark to be submitted – this is apparently so that it can be tested for public health reasons.
At this stage there are no corresponding arrangements for patents, designs or other IP rights in South Sudan."
"South Sudan
South Sudan gained full independence from Sudan in 9 July 2011, which means that Sudanese trade mark registrations no longer have any effect in South Sudan. Unfortunately South Sudan has not passed its own trade mark legislation either which means, quite simply, that there is no trade mark law. Notwithstanding this, the Business Registry of South Sudan is accepting and processing trade mark applications, and it is being guided by the Sudan Trade Marks Act of 1969.
So what effect do these applications have? Although they have no official effect, the general feeling is that they will be recognised in the sense that a certificate issued under this system will be cited against a later application, and may possibly even be recognised in litigation. The received wisdom also is that any trade mark legislation that is eventually passed will ratify and recognise registrations that were granted under the informal system, and that they will run for ten years from the filing date. It is therefore worthwhile filing in South Sudan.
The filing process under the informal system is quite particular. Only single-class applications may be filed; it is necessary to submit a notarised Power of Attorney and a notarised Certificate of Incorporation or Extract from the Commercial Register; and it is also necessary to submit a representation of the mark and a picture or photo showing how the mark is to be applied to the goods claimed. In cases where the application covers beverages for human consumption, the picture requirement is replaced by one requiring real samples of the container containing the beverage and showing the trade mark to be submitted – this is apparently so that it can be tested for public health reasons.
At this stage there are no corresponding arrangements for patents, designs or other IP rights in South Sudan."
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