Issued by: The Department of Trade and Industry
MCDONALD RULING KNOWN
The Department of Trade and Industry (DTI) has noted today, 6 October 1995, the judgement on the McDonald matter was handed down by the honourable Mr Justice B Southwood. The DTI has been engaged in attempts over the past two months at resolving a dispute between the US Trade Representative and South Africa on the question of the recognition of well-known US trade marks which were not used during the sanctions era in South Africa.
It is important to note that the judicial process has not run its course as McDonalds US intends lodging an appeal to the Appellate Division in Bloemfontein. Due to the pressing nature of this matter and the implications which it holds for South African trade relations with the United States, th Minster of Trade and Industry has indicated his intention to approach the Minister of Justice in an attempt to arrange for an early hearing of this appeal.
It is still Governments firm belief that foreign companies are entitled to proper intellectual property protection in South Africa. The Registrar of Patents, Trade Marks, Copyright and Designs has confirmed that trade mark applications filed by both parties during 1993 will shortly be refused in terms of the provisions of section 17(3) of the Trade marks Act, 1963 (Act No 62 of 1963) following which the rights of the respective parties will have to be determined.
Media enquiries: Henriette van der Merwe Tel 012 310 9495 Fax 012 320 6082
Issued by the Directorate of Communications of the Department of Trade and Industry PRETORIA 6 October 1995