Share on LinkedInShare on LinkedIn

ARTICLE · 01 FEBRUARY 2023

Change In Assignment Requirements In South Africa

Adams & Adams
Adams & Adams
Contributor
Adams & Adams

Adams & Adams

Who we are: Established in 1908, Adams & Adams is an internationally recognised and leading African...

View firm profile
Explore more from Adams & Adams

Recently, the Registrar of the South African Patent Office published a practice note updating the formality requirements for assignments in patent applications.

South AfricaIntellectual Property
Adams & Adams
Adams & Adams
Author LinkedIn connections

Recently, the Registrar of the South African Patent Office published a practice note updating the formality requirements for assignments in patent applications. Previously, where an International PCT application claims priority from an earlier filed application in a Convention country, assignments were not required for filing in the South African PCT national phase application if the applicant in the international PCT application was identical to the applicant in the priority application. As of 25 January 2023, this exemption no longer applies, and assignments will now need to be filed in these instances.

The Registrar has retained the exemptions of:

(1) not having to file assignments where suitable PCT 4.17 (ii) and (iii) declarations have been filed in the international PCT application, and

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Constitutional Court Delivers Landmark But Incomplete Copyright Ruling. Parliament Must Now Seize The Opportunity To Modernise South Africa’s Copyright Law For The AI Era

South Africa's Constitutional Court has delivered a landmark ruling on the Copyright Amendment Bill, upholding the controversial shift to 'fair use' while striking down broad educational exceptions for textbook copying. The judgment leaves critical questions unresolved about contract terms, ministerial powers, and the Bill's complete silence on generative AI—creating both constraints and opportunities as Parliament must now revisit legislation conceived over a decade ago.
South AfricaIntellectual Property
Adams & Adams
Adams & Adams
Article

The Growing Push For AI Transparency: What South African Businesses Should Know

As artificial intelligence transforms content creation across industries, businesses face mounting questions about transparency, consumer trust, and legal compliance. With the EU mandating disclosure of AI-generated content and South Africa developing its own AI policy framework, companies must navigate emerging risks around intellectual property infringement, misleading representations, and brand protection in an increasingly synthetic media landscape.
South AfricaIntellectual Property
Adams & Adams
Adams & Adams
Article

Turning Locally Developed IP Into Battery-sector Opportunities

South Africa is positioning itself as a key player in the global electric mobility and battery value chains through strategic support for locally developed technologies and intellectual property. Can government-backed research partnerships and mineral resources be successfully converted into competitive industrial applications? The collaboration between academic institutions and industry demonstrates a model for technology commercialisation in the energy-storage sector.
South AfricaIntellectual Property
Adams & Adams
Adams & Adams
Article

Frozen Accounts And Fraudulent Funds: Navigating The Rights Of Banks, Customers And SARS

A South African High Court has ruled on the lawfulness of account freezing by banks based on fraud suspicions and affirmed SARS's authority to issue third-party notices under section 179 of the Tax Administration Act. The case arose after a close corporation fraudulently claimed a VAT refund of R3.28 million, transferred R900,000 to an individual's account, prompting the bank to freeze the account and SARS to pursue recovery through a third-party notice.
South AfricaTax
Adams & Adams
Adams & Adams
Article

Nigeria Clarifies Copyright Ownership Of Musical Works

A Nigerian Federal High Court has ruled on a high-stakes copyright dispute over the globally acclaimed gospel song "Way Maker," examining whether a music producer's technical contributions to a recording constitute co-authorship. The judgment clarifies the critical distinction between creative authorship and production services in determining copyright ownership. This decision carries significant implications for how the music industry documents and allocates rights between artists and technical contributor
NigeriaIntellectual Property
Adams & Adams
Adams & Adams
Article

Constitutional Court Delivers Landmark But Incomplete Copyright Ruling. Parliament Must Now Seize The Opportunity To Modernise South Africa’s Copyright Law For The AI Era

South Africa's Constitutional Court has delivered a landmark ruling on the Copyright Amendment Bill, upholding the controversial shift to 'fair use' while striking down broad educational exceptions for textbook copying. The judgment leaves critical questions unresolved about contract terms, ministerial powers, and the Bill's complete silence on generative AI—creating both constraints and opportunities as Parliament must now revisit legislation conceived over a decade ago.
South AfricaIntellectual Property
Adams & Adams
Adams & Adams
Article

Contractual Liability Exclusion Must Be Assessed Against Each Cause Of Action Separately, Not Applied Wholesale Where Multiple Claims Are Pleaded In One Action

The Ninth Circuit Court of Appeals examined whether a directors' and officers' liability policy's contractual liability exclusion could bar coverage for an entire multi-count lawsuit, or whether each legally distinct cause of action—breach of contract, fraud, and quantum meruit—must be assessed separately against the exclusion's terms. The decision addresses the critical question of how insurers must apply policy exclusions when a single complaint pleads multiple claims arising from the same und
United StatesInsurance
Adams & Adams
Adams & Adams