IP Africa News – Vol.4/Q1/Issue2

IP NEWS 2026 

Welcome to Volume 4, Q1, Issue 2 of JEE IP Africa News. In this edition, we highlight a series of notable IP regulatory and administrative developments across the continent: the implementation of the Trademark Regulations of 2024 in Sierra Leone, the amendment to the ARIPO Banjul Protocol on Marks, South Africa’s introduction of Electronic Patent Certificates, and Somalia’s IP reforms.

SIERRA LEONE IMPLEMENTS NEW TRADE MARKS REGULATIONS 2024 

Sierra Leone’s Trade Marks Regulations, 2024 have formally taken effect upon its release as Statutory Instrument No. 19 of 2024. The new regulations establish a detailed procedural framework for trademark operations in Sierra Leone, providing clearer guidance on both domestic and international applications, enforcement processes, and administrative matters. The introduction of the Regulations marks a significant step in modernising trademark practice in Sierra Leone, while underscoring the need for careful adherence to the prescribed procedural requirements. 

The Regulations introduce several important developments that applicants and practitioners should take into account:  

• Updated fees and administrative practices: The Regulations prescribe a revised schedule of fees in the First Schedule. These provisions are directed at strengthening administrative procedures before the Registry, to enhance transparency, procedural certainty, and overall efficiency in the handling of trademark matters. 

• Defined procedural timelines: The Regulations establish defined timelines governing the prosecution and administration of trademark rights. Key provisions include:  

  • Examination and acceptance of applications. Where the Registrar accepts an application, the applicant must be notified in writing and required to pay the publication fee within one month of such notification. Upon timely payment, the Registrar shall proceed to publish the application. 
    

  • Renewals: Renewal applications must be lodged within the six-month period immediately preceding the expiry of the registration.
    

  • Appeals and discretionary hearings before the Registrar: Any party aggrieved by a decision of the Registrar concerning an international registration designating Sierra Leone may file an appeal before the Tribunal within two months of the Registrar’s decision.

• Introduction of prescribed statutory forms: All acts relating to trademarks must now be undertaken strictly through the statutory forms introduced under the Regulations. These forms cover a wide range of proceedings, including new trademark registration and renewal applications, opposition proceedings, assignment applications and changes in ownership, restoration of existing registrations, applications for invalidation or cancellation on grounds of non-use, etc. Failure to comply with the prescribed format may result in outright rejection by the Registry, thereby making strict adherence to formal requirements indispensable. 

• Reinstatement of lapsed trademark rights: One of the significant provisions of the Regulations relates to the reinstatement of lapsed trademark rights. This provision introduces a formal mechanism for restoring trademark rights that have lapsed. It allows a trademark owner to apply for reinstatement within a strict two-month window following the lapse of the registration. The application must be made in writing to the Registrar and accompanied by payment of the prescribed reinstatement fee. 
  

• Implementation of Madrid Protocol in Sierra Leone: The Regulations establish clear procedures for international trademark registrations under the Madrid Protocol, covering examination, refusals, oppositions, grants of protection, replacement of national rights, and transformation after cancellation. 
  

• Examination of International Registration: Under the new regulations, the Registrar is required to examine any trademark that is the subject of an international registration designating Sierra Leone for compliance with section 5 of the Trademarks Act. This examination ensures that international registrations meet the requirements applicable under the National law. 

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