Countering the Constraints on Trademark Protection in South Sudan

Article No 2/2022 of the ALP Law Review Series is an analysis of the constraints on trademark protection in South Sudan in the absence of what are traditionally regarded as intellectual property (IP) laws—that include trademark law. The constraints are particularly faced by businesses interested in creating a market for their products in South Sudan yet are concerned about the protection of distinctive brand identity in form of trade (and service) marks.

 

Article No 2/2022 of the ALP Law Review Series is an analysis of the constraints on trademark protection in South Sudan in the absence of what is traditionally regarded as intellectual property (IP) laws—that include trademark law. The constraints are particularly faced by businesses interested in creating a market for their products in South Sudan yet are concerned about the protection of distinctive brand identity in form of trade (and service) marks.

The article explores certain legislative frameworks in South Sudan that offer IP protection in the wake of the indefinite suspension of registration of IP rights. It also explores possible measures that can be used to protect trademarks, including “cautionary notices” as a prodigious measure any vigilant proprietor of a trademark can publish notwithstanding the fact its trademark has not been registered. It also considers other measures, such as the registration of trademarks as a business name and registration in another jurisdiction.

The detailed Article No 2/2022 is available for download as a PDF file here.