"The embryonic government has anticipated and already put in place significant steps in order to attract investors to the country, which will be fundamental to its sustained development,” says Nicky Garnett, Head of Africa Patent Department at attorneys Adams & Adams.

The Southern Sudan Investment Authority (SSIA), part of the Comprehensive Peace Agreement (CPA), signed six years ago in cooperation between both Sudans, is accountable for expediting the implementation of international investments laws, including specific laws that support investment, protection of industrial and intellectual property rights. “The authorities are still working on the modalities to provide protection for Intellectual Property rights but it seems clear that there will be a re-registration phase as existing rights obtained in Sudan do not appear to extend to South Sudan. This will obviously have significant consequences for IP owners throughout the world who are concerned about their IP rights being hijacked by unprincipled third parties.” says Garnett.

There are indisputably other grave matters of concern facing a new state than intellectual property rights, however South Sudan will have to address how they will deal with IP protection. At present it appears that there is a system which allows for the registration of trademarks and business names but no legislation for other forms of Intellectual Property i.e. patents and designs. “One of our partners is travelling to Juba next month to meet with Ministry Officials and local representatives to try and ascertain the correct legal position so that we can advise our clients how best to protect themselves in this transitional environment” says Garnett.

Contact:
Nicky Garnett
Adams & Adams
012 436000