South Africa is a signatory to the Paris Convention on Patents, Trade Marks and Designs as well as to the Berne Conventions on Copyright. 

The recent review of South Africa's trademark law referred to European developments and the (GATT - TRIPS) provisions. The Trademarks Act no.1 194, 1993 broadens the types of marks which can be registered, increases the scope of infringement protection and strengthens the remedies in the event of infringement. There is a clearer recognition of trademarks as valuable commercial assets and relaxation of the registered user provisions which existed. 

South Africa now has the Designs Act No 195, 1993, which provides separate registered protection for novel and original aesthetic designs and functional designs which are new. 

Computer programes are a new and separate category of work, enjoying copyright protection. 

South African trademark law has historically been based on the UK's laws and procedures and consequently, similar trademark principles are applicable in South Africa. Of particular relevance to foreign investors are the provisions introduced by the 1993 Act to protect famous foreign trademarks. 

The recent decision of South Africa's highest court in the Mac Donald's case has given some clarity on this aspect and is regarded as being greatly reassuring to foreign investors. In terms of Section 35 (3) of the 1993 Act, the proprietor of a trademark, which is entitled to protection under the Paris Convention as a well-known trademark, is entitled to restrain the use in the Republic of a trademark which constitutes, or the essential part of which constitutes, a reproduction, imitation, or translation of the well-known trademark in relation to goods or services which are identical or similar to the goods or services in respect of which the trademark is well-known and where the use is likely to cause deception or confusion. It has been accepted that this section was intended to provide a practical solution to the problems of foreign businessmen whose marks are known in South Africa but who do not have a business here. The Mac Donald's case has clarified that for a mark to be held to be well-known in South Africa, it must be shown that such a mark is well-known to persons interested in the goods or services to which the mark relates. Accordingly, it is necessary to show that sufficient persons know the trade mark well enough to entitle it to protection against deception or confusion and that the degree of knowledge which is required is similar to that protected in the existing law.  

South Africa has now been removed from the US' watch list of countries that do not respect rights to trademarks and intellectual property. It is also felt that, in addition to South African legislation protecting well-known marks, the business community itself is making an honest commitment to move away from the misappropriation of foreign trademarks. This is of great significance to potential foreign investors. Counterfeit Goods Bill Legislation with far-reaching provisions regarding, amongst other things, the right to have counterfeit goods ceased is presently being drafted. This legislation will greatly assist copy right and trademark owners in the prevention of pirated ealing in counterfeit goods in South Africa. By virtue of the legislation existing and to come into existence shortly in South Africa relating to patents, designs, copyright and trade-marks, foreign investors in South Africa can rest assured that their interest in respect of these forms of intellectual property will be avidly protected in South Arica. 
 
COPYRIGHT REGIME 

South Africa is a signatory to the Berne Convention and, as amember country, affords protection to the works of other member countries on exactly the same basis and to the same extent as it affords its own works. 

The South African Copyright Act protects certain types of works provided they meet certain conditions. It is not necessary to register copyright in South Africa, although this is possible in relation to copyright in cinematographic films. All the usual categories of works are covered by the Act and, in addition, protection for computer programmes as a category of works eligible for copyright was introduced in the Amendment to the Copyright Act in 1992. 

An author's moral rights are recognised in the South African Copyright Act, and a measure of protection to performers in respect of their performances is also afforded by the Performers Protection Act. 

The above is significant to foreign investors in that, should they be party of a member country, they are afforded a great deal of protection under the various acts relating to copyright in South Africa.