2. It is understood that moves are afoot for South Africa to accede to the ARIPO Protocol and that, in that event, an ARIPO patent will have the same effect in South Africa as a patent granted under the South African Patents Act. Such a patent would not be in proper compliance with South Africa's obligations under TRIPS. In particular, such an ARIPO patent, having effect in South Africa, seems to be in non-compliance with the provisions of the TRIPS Agreement contained in:
Article 2 read with Article 5bis(1) of the Paris Convention (late payment of renewal fees);
Article 28.2 (right to assign, transfer or licence patent rights);
Article 32 (judicial review);
Article 62 (acquisition and maintenance).
Could the Government of South Africa please explain?
