SOUTH AFRICA Trends and Developments Contributed by: Julia Stephens and Roberto Barreiro, KISCH IP
dar Cheese Sauce”), the proportion of that specific ingredient is to be clearly disclosed (ie, “contains 20% cheddar cheese”). • Language requirements – food labels are required to be presented in at least one of the 11 official languages. The most com - monly used language is English; however, bi- or multilingual labelling may be adopted to accommodate South Africa’s diverse linguis - tic population. • Restricted and regulated claims – under South African food labelling regulations, all product claims relating to nutritional value (such as “high source of fibre” or “sugar- free”), must be accurate and be capable of being substantiated. Claims such as “natural” or “organic” require strict compliance with certified production practices, whereas claims such as “healthiest” are not permitted. South Africa’s food labelling regulations are intri - cately designed to balance consumer protec - tion and industry accountability. The regulations endeavour to protect consumers and empower them to make informed decisions when select - ing and buying products. For businesses, adher - ence to these stringent requirements not only ensures legal compliance but also promotes eth - ical practices and builds consumer confidence. South Africa and the Madrid Protocol The Madrid Protocol was adopted in June 1989 and came into force on 1 April 1996. As is the case with the Madrid Agreement, the purpose of the Madrid Protocol is to facilitate the protection of a trade mark in EU member states by way of a single international application. South Africa has not acceded to the Madrid Protocol and consequently it is not possible to file an international trade mark application in a foreign state designating South Africa or,
alternatively, filing in South Africa and designat - ing a foreign state. As such, foreign trade mark owners seeking to conduct business in South Africa must file a separate national trade mark application in South Africa. The same applies to South African trade mark owners seeking to enter foreign territories. The Department of Trade, Industry and Competi - tion (DTIC) recently put forward a presentation outlining the need for the amendment of the Trade Marks Act 194 of 1993 (the “Trade Marks Act”) to allow South Africa to accede to and domesticate the Madrid Protocol so as to “solid - ify trade relations with major trading corpora - tions” and modernise the IP property law system in South Africa through legislative amendments and systems development. South Africa’s ability to successfully implement the Madrid Protocol is influenced by a number of factors, both legal and operational. Two primary considerations will be key in the implementa - tion of the Madrid Protocol in South Africa, as follows. • Legal and regulatory framework – the Trade Marks Act and regulations do not correspond with the provisions of the Madrid Protocol. As such, the Trade Marks Act and its regulations will need to be amended to ensure that they are in harmony with the provisions and poli - cies incorporated in the Madrid Protocol. The Trade Marks Act will need to outline how the Trade Marks Office must process and exam - ine international trade mark applications. Amending the Trade Marks Act and its regu - lations can be viewed as a prerequisite to the implementation of the Madrid Protocol, as the treaty will not come into effect upon mere sig -
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