As many SAIIPL members may be aware, CIPC is in the process of assessing their systems and procedures with a view of accession to the Madrid Protocol.

To enable proprietors to rely on International registrations for protection of trade marks, amendment to the South African legislative frame work in relation to trade marks will be required, in order to give effect to International registrations designating South Africa, before accession to the Madrid Protocol can take place.

On request of CIPC, WIPO agreed to conduct a Madrid Assessment Study to South Africa from 9 – 12 February 2015.  During this time, WIPO officials met with CIPC’s Commissioner, Deputy Commissioner, Chief Financial Officer, CIPC system developers (Sword SA), CIPC ICT Division etc.  The WIPO officials assessed the CIPC operational procedures and the IT systems and had detailed discussions with the CIPC Madrid Working Group on amendments to the Trade Marks Act and Regulations.

CIPC will submit proposed draft amendments to the Trade Marks Act and Trade Mark Regulations in order to align the national trade mark legislation and the provisions under the Madrid Protocol, to the DTI in the second half of 2015, for the legislative process to then follow its normal course.

In addition, operational and IT systems related changes that will be required in order to ensure successful and effective  processing of applications received under the Madrid Protocol will be scoped and implemented in the next 12-18 months.

Training for CIPC staff and practitioners with regards to the Madrid Protocol will formally be requested from WIPO during the latter part of the CIPC 2016/2017 financial period, flowing over into the early part of the CIPC 2017/2018 financial period.