South Africa
Merchandise Marks Act No. 17 of April 7th, 1941 as last amended in 2002
| Year of current version: | 2002 |
|---|---|
| Date of last amendment: | January 1, 1987 |
| Date of entry into force of original text: | October 18, 1941 |
| Date of Text (Enacted): | December 30, 2002 |
| Type of Text: | Main IP Laws: enacted by the Legislature |
| Subject Matter: | Geographical Indications, Trademarks |
| Notes: | |
| Available Texts: | |
| English | Merchandise Marks Act No. 17 of April 7th, 1941 as last amended in 2002 |
| Related Legislation: | Is amended by |
| WIPO Lex No.: | ZA001 |
![Merchandise Marks Act No. 17 of April 7th, 1941 as last amended in 2002, Complete document (pdf) [75 KB]](/shared/images/icon/new/pdf.gif){kind=icon}
Shortcuts
"This Act regulates the marking of merchandise and of coverings in or with which merchandise is sold and the use of certain words or emblems in connection with business. Primarily, it outlaws false description of goods as to quality, kind, origin, measure, ownership, etc.
Sections 6 and 7 were notified under the heading Geographical Indications as Main Dedicated Regulations.
Section 6 outlaws the false application of a trade description. Geographical indications inherently describe the quality of goods and, thus, if they are falsely applied to goods, that becomes an offence in terms of this Section.
Section 7 outlaws the sale of goods with false descriptions. Goods bearing false geographical indications are prohibited from being sold in South Africa through this Section as they bear false descriptions.
This Act is in the process of amendment in order to ensure compliance with provisions of the TRIPS Agreement.
Said amendments are aimed at modernising its provisions and to put it in resonance with the Counterfeit Goods Bill which will be promulgated soon."
NB: Note that amendment procedure has been completed as expressed in the amendment law hyperlinked above.