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Patents Act 1978 (Act No. 57 of 1978, as amended up to Patents Amendment Act 1988), South Africa
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Superseded Text
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Year of Version
1988
Dates
Entry into force:
January 1, 1979
Adopted:
April 26, 1978
Type of Text
Main IP Laws
Subject Matter
Patents (Inventions),
Plant Variety Protection,
Enforcement of IP and Related Laws,
IP Regulatory Body
Notes
The notification by South Africa to the WTO under article 63.2 of TRIPS states:
'This Act provides for the registration and granting of letters patents for inventions. The duration of a patent is 20 years and is non-extendable. The test of novelty is absolute novelty.
Section 90 was notified under the heading Control of Anti-Competitive Practices in Contractual Licences.
Section 90, inter alia, prohibits the inclusion of certain restrictive conditions in licensing agreements.
This Act is in the process of amendment in order to ensure compliance with the provisions of the TRIPS Agreement. Said amendments are aimed at:
(1) The removal of uncertainties relating to the payment of renewal fees;
(2) Priority dates of matter (as opposed to patent claims);
(3) The Principles of privileges in the relationship between patent agents and clients;
(4) The assessment of damage;
(5) The introduction of provisions enabling the Republic to become a party to the Patent Cooperation Treaty.'
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Patents Act 1978 (Act No. 57 of 1978, as amended up to Patents Amendment Act 1988)
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WTO Document Reference
IP/N/1/ZAF/P/1
WIPO Lex No.
ZA013