WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
0RGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP /N/1/SWZ/1/1 
5 May 2004 
(04-1999) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
SWAZILAND 
The present document reproduces the text1 of the Patents, Utility Models and Industrial 
Designs Act No. 6 of 1997, as notified by Swaziland under Article 63.2 of the-Agreement (see 
document IP/N/l/SWZ/1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
SWAZILAND 
Le present document contient le texte1 de la Loi n° 6 de 1997 sur les brevets, les modeles 
d'utilite et les dessins industriels, notifiee par le Swaziland au titre de l'article 63:2 de l'Accord (voir le 
document IP /N/1 /SWZ/1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PRO PIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DELP Ailu.FO 2 
DEL ARTICULO 63 DEL ACUERDO 
SW AZILANDIA 
En el presente documento se reproduce el texto1 de la Ley de Patentes, Modelos de Utilidad y 
Dibujos y Modelos Industriales, N° 6 de 1997, que Swazilandia ha notificado en virtud del parrafo 2 
del articulo 63 del Acuerdo (vease el documento IP/N/l/SWZ/1). 
1 In English only./En anglais seulement./En ingles solamente. IP/N/1/SWZ/Vl 
Page 2 
THE PATENTS, UTILITY MODELS AND INDUSTRIAL DESIGNS ACT, 1997 
(Act No. 6 of 1997) 
ANACT 
entitled I ASSENT 
MSWATI ID 
KING OF SWAZILAND 
4th September, 1997 
An Act to protect inventions, utility models and industrial designs. 
ENACTED by the King and the Parliament of Swaziland. 
Short title and commencement. 
1. This Act may be cite.d as the Patents, Utility Models and Industrial Designs Act, 1997 and 
shall. 1 come into force on a date appointed by the Minister by Notice in the Gazette. 
Interpretation. 
2. In this Act, unless the context otherwise requires -
"ARIPO'' means the African Regional Industrial Property Organisation; 
"ARIPO Protocol" means the Protocol on Patents and Industrial Designs within the framework 
of ARIPO; 
"Court" means the High Court established under the High Court Act, 1954; 
"Minister" means the Minister responsible for Patents; 
'fParis Convention" means the Paris Convention for the Protection of Industrial Property of 
March 20, 1983~~ast revised; 
"Patents Co-operation Treaty" (PCT) means the Patents Co-operation Treaty of June 17, 
1970 and any revisions thereof to which the Government of Swaziland is or may become a 
party; 
Priority date" means the date of the earlier application that serves as the basis for the right 
of priority provided for in the Paris Convention; 
"Registers" means the Registers referred to in section 28(1); IP/N/1/SWZ/I/1 
Page 3 
.. Registrar of Patents" means the Registrar General, Deputy Registrar General, Senior 
Assistant Registrar General, and the Assistant Registrar General appointed under Section 27; 
"Regulations" means the Regulations referred to in section 34. 
PART I: PATENTS 
Definition of patents and of invention and matter excluded from patents protection. 
3. For the purposes of this Act -
a "patent" means the title granted to protect an invention; 
"invention" means an idea of an inventor which permits in practice the solution to a specific 
problem in the field of technology and may be or may relate to a product or a process but the 
following, even if they are inventions, shall be excluded from patent protection -
(a) discoveries, scientific theories and mathematical methods; 
(b) schemes, rules or methods for doing business, perfornring purely mental acts or playing 
games; 
(c) methods for treatment of the human or animal body by surgery or therapy, as well as 
diagnostic methods practised on the human or animal body; but this provision shall 
not apply to products for use in any of those methods. 
Patentable inventions, 
4. (1) An invention is patentable if it is new, involves an inventive step and is industrially 
applicable. 
(2) (a) An invention is new if it is not anticipated by prior art. 
(b) Prior art .consist of everything disclosed to the public, anywhere in the world, by 
· publication in tangible form or by oral disclosure, by use of or in any other way, prior 
to the filing or, where appropriate, the priority date, of application claiming the 
invention. 
(c) For the purposes of paragraph (b) disclosure to the public of the invention shall not 
be taken into consideration if it occurred within six months preceding the filing date 
~r where applicable, the priority date of the application and if it was by reason or in 
consequence of acts committed by the applicant or his predecessor in title. 
(3) An invention shall be considered as involving an inventive step if, 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. 
(4) (a) An invention shall be considered industrially applicable if it can be made or used in 
any hnd of industry. 
(b) "Industry" shall be understood in its broadest sense and it shall cover; in particular 
handicraft, agriculture, fishery and services. 
(5) Inventions that are contrary to public order or morality shall not be patentable. IP/N/1/SWZ/I/1 
Page4 
Right to patent, naming of inventor. 
5. (1) The right to a patent shall belong to the inventor. 
(2) If two or more persons have jointly made an invention, the right to the patent shall 
belong to them jointly. 
(3) If and to the extent to which two or more persons have made the same invention 
independently of each other, the person whose application has the earliest filing date or, if 
priority is claimed, the earliest validly claimed priority date and leads to the grant of a patent 
shall have the right to the patent. 
(4) The right to a patent may be assigned, or may be transferred by succession. 
(5) \Vhere an invention is made in execution of an employment contract, the right to the 
patent shall belong, in the absence of contractual provisions to the contrary, to the employer. 
(6) (a) Toe inventor shall be named as such in the patent, unless in a special written declaration 
signed by him and addressed to the Registrar of Patents he indicates that he wishes 
not to be named. 
(b) Any promise or undertaking by the inventor made to any person to the effect that he 
will make such a declaration shall be without legal effect. 
Application. 
6. (1) (a) The application for a patent shall be filed with :Registrar of Patents and shall contain 
a request, a description, one or more claims, and one or more drawings, where 
required.; and an abstract 
(b) An application under this section shall be accompanied by a prescribed application 
fee. 
(2) (a) The request shall contain a petition to the effect that a patent be granted, the name of 
and other prescribed data concerning the applicant, the inventor and the agent, if 
any, and the title of the invention. 
(b) Where the applicant is not the inventor, the r~uest shall be accompanied by a statement 
justifying the applicant's right to the patent. 
(3) The description shall disclose the invention in a matter sufficiently clear and complete 
for the invention to be evaluated and to be carried out by a person having ordinary skill in the art 
and shall, in particular, indicate at least one mode known to the applicant for carrying out the 
invention. 
( 4) ( a) The claim or claims shall determine the scope of the protection or define the matter 
for which protection is sought, and the description and drawings may be used to 
interpret the claims. 
(b) Claims shaD be clear and concise and shall be fully supported by the description. 
(5) Drawings 'shall be required when they are necessary for the understanding of the invention. 
(6) The abstract shall merely serve the purpose of technical information, in particular, it 
shall not be taken into account for the purpose of interpreting the scope of the protection. IP/N/1/SWZ/I/1 
Page 5 
(7) The applicant may withdraw the application at any time during its pendency. 
Unity of invention., amendmen~ .. F division of application. 
7. (1) The application shall relate to one invention only or to a group of inventions so linked as 
to form a single general inventive concepl 
(2) The applicant may, up to the time when the application is· in order for grant, amend the 
application, provided that the amendment shall not go beyond the disclosure in the initial 
application. 
(3) (a) The applicant may, up to the time when the application is in order for grant, divide 
the application into two or more applications ("divisional applications"); provided 
that each divisional application shall not go beyond the disclosure in the initial 
application. 
(b) Each divisional application shall be entitled to the filing date and, where applicable, 
the priority date of the initial application. 
(4) The fact that a patent has been granted on an application that did not comply with the 
requirement of unity of invention under sub-section (1 ), shall not be a ground for the invalidation 
of the patent. 
Right of priority. 
8. (1) The application may contain a declaration claiming the priority, as provided for in the 
Paris Convention, of one or more earlier national. regional or international applications filed by 
the applicant or hi:; predecessor in title in or for any State party to the said Convention. · 
(2) Where the application contains a declaration under subsection (1) the Registrar of Patents 
may require that the applicant furnish, within the prescribed time limit, a copy of the earlier 
application certified as correct by the office with which it was filed . 
. (3) The effect of the said declaration shall be as provided in the Paris Convention. 
(4) If the Registrar of Patents finds that the requirements under this section and the 
Regulations pertaining thereto have not been fulfilled, the said declaration shall be considered 
not to have been made. 
Information concerning corresponding foreign applications for patents or other titles-of protection. 
9. (1) The applicant shall, at the request of the Registrar of Patents, furnish him with the date 
and number of any application for a patent or other title of protection by him abroad ("foreign 
application") relating to the same or essentially the same invention as that claimed in the 
application filed with the Registrar of Patents. 
(2) (a) The applicant shall, at the request of the Registrar of Patents. furnish him with the 
following documents relating to one of the foreign applications referred to in subsection 
(1) -
(i) a copy of any communication received by the applicant concerning the results of 
the search or examination carried out in respect of the foreign application; 
(ii) a copy of any final decision rejecting the foreign application or refusing the 
grant requested in the foreign application. IP/N/1/SWZ/I/1 
Page 6 
(b) The ~pplicant shall at the request of the Registrar of Patents, furnish him with a copy 
of any final decision invalidating the patent or other title of protection granted on 
the basis of the foreign application referred to in paragraph (a). 
Filing date;· examination. 
10. (1) (a) The Registrar of Patents shall accord as the filing date the date of receipt of the 
application, provided that, at the time of receipt, the application fee is paid and the 
application contains -
(i) an express indication that the granting of a patent is sought; 
(ii) indications allowing to establish the identity of the applicant; 
(iii) a part which, on the face of it, appears to be a description of an invention. 
(b) If the Registrar of Patents finds that the application did not, at the time of receipt, 
fulfil the requirements referred to in paragraph (a), he shall invite the_ applicant to 
file the required correction and shall accord as the filing date the date of receipt of 
the required correction, but if no correction is made the application shall be treated 
as if it had not been filed. 
(2) \Vhere the application refers to drawings which in fact are not included in the application, 
the Registrar of Patents shall invite the applicant to furnish the missing drawings and if the 
applicant complies with the invitation, the Registrar of Patents shall accord as the filing date 
the date of receipt of the missing drawings. otherwise the Registrar of Patents shall accord as 
the filing date the date of receipt of the application and shall treat any reference to the said 
drawings as non-existent. 
-C3) After according a filing date, the Registrar of Patents shall examine whether the 
application complies with the requirements of section 6 (1) and (2) and the Regulations pertaining 
thereto and those requirements of this Act and the Regulations which are designated as formal 
requirements for the purpose of this Act. 
(4) Where the Registrar of Patents is of the opinion that the application complies with the 
requirements indicated in subsection (3 ), he shall cause the application to be examined as to 
whether the requirements of sections 3, 4 and 6 (3), (4) and (5), 7 and 9 and the Regulations 
pertaining thereto are fulfilled 
(5) The Regulations may prescribe that. in respect of some categories of inventions, the 
examination shall not cover the requirements of novelty and inventive step under section 4 (2) 
and (3). 
Grant of patent. 
11. (1) Where the Registrar of Patents finds that, subject to section 10 (5), the conditions 
referred to in section 10 (3) and (4) are fulfilled, he shall grant the patent, otherwise he shall 
refuse the application and notify the applicant of that decision. 
(2) \Vhen he grants a patent, the Registrar of Patents shall -
(a) publish a reference to the grant of the patent; 
(b) issue to the applicant a certificate of the grant of the patent and a copy of the patent; . ( c) record the patent; IP/N/1/SWZ/I/1 
Page 7 
( d) make available cop~s· of the patent to the public, on payment of the prescribes fee. 
(3) The Registrar of Patents shall, whenever possible. reach a final decision on the application 
not later than two years after the commencement of the examination referred to in section 8 ( 4). 
( 4) The Registrar of Patents shall, upon request of the owner of the patent. make changes in 
the tex.t or drawings conferred thereby, provided that the change would not result in disclosure 
contained the initial application on the basis of which the patent was granted. 
Rights conferred by patent, ARIPQ Protocol patents, exploitation by Government or person 
thereby authorised. 
12. (1) Toe exploitation of the patented invention in Swaziland by persons other than the owner 
of the patent shall require the latter's agreement. 
(2) For the purposes of this Act. "expJoitation" of a patented invention means any of the 
following acts -
(a) when the patent has been granted in respect of a product -
(i) making, importing, offering for sale, selling and using the product; 
(ii) stocking such products for the purposes of offering for sale, selling or using; 
(b) when the patent has been granted in respect of a process -
(i) using the process; 
(ii) doing any of the acts referred to in paragraph (a) in respect of a product obtained. 
directly by means of the process. 
(3) The owner .of the patent shall, in addition to any other rights. remedies or actions 
avai1able to him, have the right, subject to subsection (4) and (6) and section 14, to institute 
court proceedings against any person who infringes the patent by performing, without his 
agreement, any of the acts referred to in subsection (2) or who performs acts which make it 
likely that infringement will occur. 
( 4) The rights under the patent shall not extend to --
(a) acts in respect of articles which have been put on the market in Swaziland by the 
owner of the patent or with his consent; 
(b) 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; or 
(c) acts done for experimental purposes relating to a patented invention; 
(d) acts performed by any person who jn,good faith, before the filing or, where priority 
is claimed, the priority date of .application on which the patent is granted and in 
Swaziland, was using the invention or making effective and serious preparations for 
such use, to the extent such acts do not differ in nature or purpose from the, actual or 
envisaged prior use and provided;'that the right of prior user referred to ·herein may 
be transferred or devolve only together with the enterprise or business, or with that 
part of the enterprise or business in which the use or prepai.--a.tions for use or bave 
been made. IP /N/1/SWZ/I/1 
Page 8 
(5) A patent in respect of which Swaziland is a designated State, granted by ARIPO by 
virtue of the ARIPO Protocol, shall have the same effect in Swaziland as a patent under this Ad: 
unless the Registrar of Patents has communicated to ARIPO, in respect of the application therefor 
a decision in accordance with the provisions of the Protocol, that if a patent is granted by 
AR.1PO that patent shall have no effect in Swaziland. 
(6) (a) "Where 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 the Minister may exploit the invention, 
subject to the payment of an equitable remuneration to the said owner therefor. 
(b) The decision of the Minister may be appealable before the court within three (3) 
months from the date it was made. 
Duration, annual fees. 
13. (1) Subject to subsection (2), a patent shall expire 20 years after the filing date of the 
~pp!icati-9_p; }C>_!: ~e pate~t,; sufficiently in Swaziland at the date of the request or that there are 
circumstances which justify the failure so to work the invention, save that importation shall not 
constitute such a circumstance. 
(2) (a) In order to maintain the patent or patent application, an annual fee shall be paid in 
advance to the Registrar of Patents for each year starting one year after the filing 
date of the application for grant of the patent 
(b) A period of grace of six months shall be allowed for the late payment of the annual 
fee on payment of the prescribed surcharge. 
( c) If an annual fee is not paid in accordance with the provisions of this subsection, the 
patent application shall be deemed to have been withdrawn or the patent shall lapse. 
(3) The grant of the non-voluntary licence shall not exclude -
(a) the conclusion of licence contracts by the owner of the patent or the grant of othei 
non-voluntary licences; or 
(b) the exploitation of the patented invention under section 12 (6). 
Invalidation.. 
14. (1) Any interested person may request the Court to invalidate a patent 
(2) The Court shall invalidate the patent if the person requesting the invalidation proves 
that any of the requirements for an invention in sections 3, 4 and 6 (3), (4) and (5) and the 
Regulations pertaining thereto are not fulfilled or if the owner of the patent is not the inventor 
or his successor in title. 
(3) Any invalidated patent, or claim or part of a claim, shall be regarded as null an.d void 
· from the date of the grant of the patent 
( 4) The final decision of the Court shall be notified to the Registrar of Patents who shall 
record it and publish a reference thereto as soon as possible. PART II: UTILITY MODEL CERTIFICATE 
Applicability of provisions relating to patents, IP/N/1/SWZ/I/l 
Page 9 
15. (1) Subject to section 16, the provisions of Part I shall apply, mutatis mutandis, to utility 
model certificates or applications therefor. 
· (2) Where the right to a patent coriflicts with the right to a utility model certificate in the 
case referred to in section 5 (3), that section shall apply as if the word '-'patent" were replaced by 
the. word "patent or utility model certificate". 
Special provisions relating to utility model certificates. 
16. (1) (a) An invention qualifies for a utility model certificate if it is new and industrially 
applicable. 
(b) Section 4 (1) and (3) shall not apply in the case of inventions for which utility model 
certificates are requested. 
(2) Section 10 (4) shall not apply in the case of application for utility model certificates. 
(3) (a) A utility model certificate shall expire, without any possibility of renewal, at the 
end of the seventh year after the date of the filing of the application. 
(b) With the exception of subsection (3) thereof, section 13 shall not apply in the case of 
utility model certificate; 
( 4) (a) In proceedings under section 14, the Court shall invalidate the utility model certificate 
on the following grounds -
(i) that the claimed invention did not qualify for a utility model certificate, having 
regard-to subsection (1) (a) and to section4 (2), (4) and (5); 
(ii) that the description .and the claims do not comply with the requirements prescribed 
by section 6 (3) and (4) and he the Regulation pertaining thereto 
(iii) that any drawing which is necessary for the understanding of the invention has 
not been furnished; 
(iv) that the owner of the utility model certificate is not the inventor or his successor 
in title. 
(b) Section 14 (2) shall not apply in the case of utility model certificates. 
Conversion ·of patent application or applications for utility model certificates. 
17. (1) (a) At any time before the grant or refusal of a patent, an applicant for a patent may, 
upon payment of the prescribed fee, convert his application model certificate, which 
shall be accorded the filing date of the initial application. 
(b) At the time before the grant or refusal a utility model certificate, an applicant for a 
utility model certificate may, upon payment of the prescribed fee, convert his 
application into patent application, which shall be accorded the filing date of the 
initial application. 
(2) An application may not be converted under subsection (1) more than once. IP/N/1/SWZ/Vl 
Page 10 
PART ill: INDUSTRIAL DESIGNS 
Definition of industrial design. 
18. (I) For the purpose of this.Act, any composition of lines or colours or any three-dimensional 
form, whether or not associated with lines or colours, is deemed to be an industrial design, 
provided that such composition or form gives a special appearance to a product of industry or 
handicraft. 
(2) The protection under this Act does not extend to anything in an industrial design which 
serves solely to obtain a technical result. 
Registrable industrial designs. 
19. ( 1) An industrial design is registrable if it is new. 
(2) (a) An industrial design shall be new if it has not been disclosed to the public, anywhere 
in the world, by publication in tangible form or, by use or in any other way, prior to 
the f'iling date or, where applicable, the priority date of the application for registra~on. 
(b) Section 4 (2) (c) shall apply mutatis mutandis. 
(3) Industrial designs that are contrary to public order or morality shall not be registrable. 
Right to registration of industrial design; naming of creator. 
20. Section 5 shall apply mutatis mitandis with regard to registration of an industrial design 
and the naming of the inventor. 
Application for registration of industrial design. 
21. (I) ( a) The application for registration of an industrial design shall be filed with the Registrar 
of Patents and shall contain a request. drawing, photographs 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 is to be used. 
(b) Toe application 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. 
(2) 'Where the ~pplicant is not the creator, the request shall be accompanied by a statement 
justifying the applicant's right to the registration of the industrial design. 
(3) Section 8 shall apply mutatis mutaiulis. 
( 4) The applicant may withdraw the application at any time during its pendency. 
Examination, registration of industrial design. 
22. (1). (a) The Regist:ra.r of Patents shall accord as the filing date the date of receipt of the 
application, provided that, at the time of receipt, the application fee is paid and the 
application contains the name of the applicant and drawings, photographs or other 
adequate graphic representations of the article embodying the industrial design. 
(b) Section 10 (1) (b) shall apply mutatis mutandis. IP /N/l /SWZ/I/1 
Page 11 
(2) (a) After according a fili.bg date. the Registrar of Patents shall examine wheth~r the 
appli~~on comp~~~ the requirements of section 21 (1) and (2) and the Regulations 
pertauung thereto and whether the application fee has been paid: 
(b) The Re~istrar of Pate~~;sean' examine whether the industrial de~~~~mplies with 
the requrrements of sectio1f 18 and 19 (3) and the Regulations pertaining thereto. 
(3) 'Where the Registrar of Patents finds that the conditions referred to in subsection (2) are 
ffulfilled, he shall register the industrial design, publish a reference to the registration and issue 
ito the applicant a certificate of regisiratii>n· of the industrial design, otherwise~ he shall refuse 
.the application. -
Rights conferred by registration, duration~ ~newal. ARIPO protocol and industrial designs. 
23. (1} The exploitation of a registered ·industrial design in Swaziland by persons other than 
the registered owner shall require the agreement of the latter. 
(2) For the purposes of this Act, "exploitation .. of an registered industrial design means the 
making, selling or importation of articles 'incorporating the industrial desi.gn .. 
(3} Section 12 (4) (a) shall apply mutatis mutandis. 
( 4) In addition to any other rights, remedies or action available to him, the registered owner 
of an industrial design may right tb institute court proceedings against any person wbc?fufnnges 
the industrial design by performing, without his agreement:: any of the acts referred to in ·subsection 
(2) or who performs acts which make it likely that infringement will occur. 
(5) (a) The regi_stration of an industrial design shall be for a period of five years fronnhe 
filing date of the application for registration. 
(b) The registration may be renewed for two further consecutive periods of five years 
through the payment of the prescribed fee. 
( c) A period of grace of six months shall be allowed for the late payment of renewal fee 
')D payment of the prescribed surcha.""ge. 
(6) An industrial design in respect of which Swaziland is a designated State, registered by 
ARIPO by virtue of the ARIPO Protocol, shall have the same·effect in Swaziland as in industrial 
design registered under this Act unless the Registrar of Patents has communicated to ARIPO, in 
respect of the application therefor, a decision, in accordance with the provisions of the Protocol, 
that if a registration is made by ARIPO that registration shall have no effect in Swaziland. 
Invalidation. 
24. (1) Any interested person may request the Court to invalidate the registration of an industrial 
design. 
(2) The Court shall invalidate the registration if the person requesting the invalidation 
proves that any of the requirements of section 18 and 19 and the Regulations pertaining thereto 
are not .fulfilled or if the registered owner tof the industrial design is not the creator of his 
successor· in title'. 
(3) Section 14 (3) and (4) shall apply mutatis mutan.dis. IP /N/1/SWZ/I/l 
Page 12 
PART IV: GENERAL PROVISIONS 
Changes in ownership; licence contracts. 
25. (I) (a) Any change in the ownership of a patent, a utility model certificate, or the registration 
of an industrial design, or in the ownership of an application therefor, shall be in 
writing and shall, at the request of any interested party to the Registrar of Patents, 
be recorded except in the case of an application, published by the Registrar of Patents; 
(b) A change referred to in paragraph (a) shall have no effect against third parties until 
the recording is e:ff ected. 
(2) Any licence contract concerning a patent, a utility model certificate, or a registered 
industrial design, or an application therefor, shall, on invalidity, be submitted to the Registrar of 
Patents who shall keep its contents confidential but record it and publish a reference thereto. 
Agents. 
26. Where an applicant's ordinary residence or principal place of business is outside Swaziland, 
he shall be represented by a legal practitioner resident and practising in Swaziland. 
Appointment and functions of Registrar of Patents. 
27. (1) Toe Minister shall appoint a Registrar of Patents, Utility Models and Industrial Designs . 
who shall be entrusted with all functions relating to the procedure for. the grant of patents and 
utility model certificates and the registration of industrial designs and for the administration of 
granted patents and utility model certificates and registered industrial designs, as specified in 
this Act and the Regulations. 
(2) The Registrar of Patents shall have the authority to carry out studies, programs or 
exchanges of items or services regarding domestic and international industrial property law. 
(3) Decisions of the Registrar of Patents shall be signed by him or an official designated by 
him. 
Registers, Gazette. 
28. (1) (a) The Registrar of Patents shall maintain separate Registers for patents, utility model 
certificates and industrial designs and all the recordings provided for in this Act 
shall be effected in the said Registers. 
(b) The Registers may be consulted by any person, and any person may obtain extracts 
therefrom. under the conditions prescribed in the Regulations. 
(2) The Registrar of Patents shall publish in the Government Gazette all the publications 
provided for in this Act. 
29. (1) The Registrar of Patents may, subject to any provision in the Regulations, correct any 
error of translation or transcription, clerical error or mistal:e in any application or document 
filed with the Registrar of Patents or in any recording effected pursuant to this Act or the 
Regulations. IP/N/1/SWZ/I/1 
Page 13 
(2) (a) If the Registrar of Patents is satisfied that the circumstances justify it, he may, upon 
receiving a written request, extend the time for doing any act or taking any proceeding 
under this Act and the Regulations upon notice to the parties concerned upon such 
tenns as he may direct. 
(b) The extension may be granted though the time for doing the act or taking the 
proceeding has expired. 
Exercise of discretionary powers. 
30. The Registrar of Patents shall give any party to a proceeding before him an opportunity of 
being beard before exercising adversely to that party any discretionary powers vested in the 
Registrar of Patents by this Act or the Regulations. 
Appeal.s. 
31. Any decision taken by the Registrar of Patents under this Act, in particular the grant of a 
patent or of a utility model certificate or the registration of an industrial design. or the refusal of 
an application for such a grant or registration, may be the subject of an appeal by any interested 
party before the High Court arid such appeal shall be filed within 3 months· of the date of the 
decision. · 
Infringement, unlawful acts, offences. 
32. (1) Subject to sections 12 (4) and (6), 14 and 24 (3), an infringement shall consist of the 
performance of any act referred to in section 12 and 23 in Swaziland by a person other than the 
owner of the title of protection and without the agreement of the latter. 
(2) On the request of the owner of the title of protection, or of a licensee if he has requested 
the owner to institute court proceedings of a specific relie( and the owner has refused or failed 
to do so, the court may grant an injunction to prevent infringement, or an imminent infringement, 
award damages and grant any other remedy provided for in the Common law. 
(3) Any person who performs an act which constitutes an infringement as defined in 
subsection (1) hereof shall is upon conviction, guilty of an offence punishable by a fine not 
exceeding ten thousand (El0;000.00) Emalangeni or imprisonment for a term not exceeding 
five (5) years or both. 
( 4) A.ny person who -
(a) makes or causes to be made a false entry in the Register, knowing the entry to be 
false; or 
(b) makes or causes to be made or produces or tenders or causes to be produced or 
tendered in evidence, entry in the register, is guilty of an offence. 
(5) Any person who -
(a) for the purpose of deceiving the Registrar of Patents or any other officer of his office 
in the execution of the provisions of this Act; or 
(b) for the purpose of procuring or influencing the doing or commission of anything in 
:relation to this Act or the repealed legislation or any matter thereunder, 
( c) makes or submits a false statement or representation, whether oraliy or in writing, 
knowing the same to be false, is guilty of an offence. IP/N/1/SWZ/I/1 
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(6) Any person who, having innocently made a false statement or representation, whether 
orally or in writing, for the purpose of procuring or influencing the doing or commission of 
matter thereunder and who, on becoming aware that such statement or representation was false, 
fails to advise the Registrar of Patents forthwith of such falsity, is guilty of an offence. 
(7) Any person who, after having been sworn or having in lieu thereof ma.de an affirmation 
or declaration, wilfully gives false avidence before the Registrar of Patents or the court concerning 
the subject-matter of the proceeding in question, knowing such evidence to be false or not knowing 
or believing it to be true, is guilty of an offence. 
(8) (a) Any officer of the Registrar of Patents who buys, sells, acquires or trafficks in any 
invention or patent or any right under a patent, industrial design or utility mod.el 
certificate is guilty of an offence. 
(b) Every purchase, sale or acquisition and every assignment of any invention, patents 
industrial design or utility model certificate by or to any officer of the Registrar of 
Patents, shall be null and void. 
(c) Nothing in this section contained shall apply to the inventor or to any acquisition bi 
bequest or devolution in law. 
(9) Any person Who falsely and without reasonable cause, the proof whereof lies on him, 
represents that -
(a) Any article sold by him is a patented article, industrial design or utility model or; 
(b) an application has been made for a patent industrial design or utility model in respect 
of any article sold by him; is guilty of an offence. 
(10) Any person, other than a person appointed under section 27, who uses on his place of 
business or on any document issued by him or otherwise the words "Registrar of Patents" or any 
other words suggesting that his place of business is, or is officially connected with the Registrar 
of Patents, is guilty of an offence. 
(11) Any pe;son who is guilty of an offence under subsection 4,5,6,7 ,8,9 and 10 is liable to 
a fine not exceeding five thousand Emalangeni (E5000) or to imprisonment for a period of not 
exceeding five years (5) or to both such fine and imprisonment. 
Application of International Treaties. 
33. The provisions of any international treaty in respect of industrial property to which Swaziland 
is a party shall apply to matters dealt with by this Act and, in case of conflict with provisions of 
this Act, shall prevail over the latter. 
· Regulations. 
34. The Minister may make Regulations prescribing details for the implementation of this Act 
and, in particular, providing for -
(a) the payment of fees in connection with applications for the grant of patents and 
utility model certificates and any other fees provided for in this Act; 
(b) the registration of industrial designs; and 
( c) matters related thereto. Repeal, savings, transitional provisions. 
35. (1) The Patents, Designs and Trade Marks Act. 1936, is hereby repealed. IP/N/1/SWZ/I/l 
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(2) Notwithstanding the repeal of the Patents, Designs and Trade Marks Act, 1936, patents 
and industrial designs registered thereunder shall remain in force but shall, subject to subsection 
(3), be deeII1ed to have been granted or registered under this Act. 
(3) Patent§ and industrial designs registered under the Patents, Designs and Trade Marks 
Act, 1936, shall remain in force for the unexpired portion of the period of protection provided 
thereunder subject, respectively, to the payment of annual maintenance fees or renewal fees 
provided for in this Act. 
(4) A person who in the date of entry into force of this Act -
(a) is the owner of a patent granted in the United Kingdom or has filed an application 
for the grant of a patent in the United Kingdom; or 
(b) is the proprietor of an industrial de:;ign registered in the United Kingdom or has filed 
an application for registration of an industrial design in the United Kingdom, 
may, within 12 months of the entry into force of this Act, file an application for the grant of a 
patent for the same invention or for the registration of the same industrial design under this Act 
and such application shall be accorded the filing date or priority date accorded to the grant or 
registration in the United Kingdom. 
(5) Notwithstanding the repeal of the Patents, Designs and Trade Marks Act, 1936, 
applications for the registration of patents and industrial designs filed in Swaziland between 
20th November, 1936, and the date of entry into force of this Act, shall be processed in accordance 
with the provisions of that Act and, upon being granted, shall be subject to the provisions of this 
Act. 
( 6) Within 18 months from the entry into force of this Act, the Minister may by Regulations 
make any further transitional or savings provisions which appear to him to be necessary or 
desirable. 