South Sudan currently does not have any IP laws in place and the Trade Marks Registry has not been operational for a number of years. Consequently, it is not possible to obtain trade mark registrations in South Sudan.
In a recent development, it is now possible to publish cautionary notices in the local newspaper in South Sudan. Although the publication of a cautionary notice does not provide a trade mark owner with rights equivalent to a trade mark registration, it is the only way of notifying the general public of their rights.
While the Ministry of Justice in South Sudan does not recognise the publication of cautionary notices in lieu of trade mark registration, there are ongoing discussions with officials at the Ministry regarding the admissibility of cautionary notices before the Registry and Court. We are monitoring the outcome of these discussions.
This development is welcomed, and in the absence of trade mark registrations, we would encourage trade mark owners to publish cautionary notices in order to provide some form of visibility. Please contact our offices for more information.