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Under the current South African patent system, the Patent Office does not substantively examine patent applications for novelty or inventiveness before grant. Instead, South Africa operates what is commonly referred to as a non-examining (or depository) system, in terms of which it is the responsibility of the patent applicant to ensure that the claims define an invention that is new and inventive over the state of the art.
The Companies Tribunal on 13 February 2026 issued a decision regarding a company name objection based on trade mark rights, in the matter of Assembled Investments (Pty) Ltd (the applicant), and Rosemary (Pty) Ltd (the first respondent), with the Registrar of Companies as the second respondent.
The adoption of the 13th Edition of the Nice Classification, the international system for categorising goods and services for trade mark purposes, introduces a number of structural reclassifications for new trade mark applications. This edition seeks to better reflect modern commerce, emerging technologies and functional distinctions between goods and services.
The Companies and Intellectual Property Commission (CIPC) has announced that, with effect from 2 February 2026, all South African patents and patents of addition will be issued electronically. Certified copies will likewise be issued in electronic form only.
The Plant Improvement Act, 2018 (Act 11 of 2018) and its Regulations are in operation with effect from 1 December 2025, replacing the previous Plant Improvement Act, 1976 framework.
Zambia has introduced significant changes to its trade mark laws through the Trade Marks Act No. 11 of 2023, which officially came into effect on 31 December 2025. This new Act replaces the outdated 1958 legislation and Zambian trade mark law more into alignment with international standards.
