With the entry into force of the Republic of South Africa's new provisional constitution on April 27, 1994, the previously self-governing states (or so-called "homelands") of Bophuthatswana, Ciskei, Transkei and Venda have ceased to exist and have been reincorporated into the Republic of South Africa. Accordingly, applications for patents, trademarks and industrial designs filed in South Africa subsequent to April 27, 1994 will be effective for the entire territory of South Africa, including the formerly self-governing states, and it is no longer necessary to apply separately for protection in Bophuthatswana, Transkei and Venda (industrial property rights in South Africa have always covered Ciskei automatically).

However, since the intellectual property laws in Bophuthatswana, Transkei and Venda were not specifically repealed by the new constitution, such laws still remain in effect. It appears therefore that, pending enactment of transitional provisions, applications for patents, trademarks and industrial designs filed prior to April 27, 1994, and patents and registered trademarks and designs in effect prior to April 27, 1994, in these former states shall continue in effect in the respective territories. Clients are advised to maintain their rights in all these territories until the position is clarified by expected new legislation. We are continuing to monitor the situation and shall keep our clients advised of developments.

June 1994 Index