Intellectual Property Attorneys South Africa

Smit & Van Wyk, Inc. is a specialist legal practice dealing exclusively with patent and trade mark law in South Africa. Our fields of practice encompass all aspects relating to patents, trade marks, industrial designs, copyright, including litigation, as well as providing advice on the commercial rights attached to each of these forms of protection. Strange as it may sound, many individuals and businesses are unaware of the intellectual property that they have created, or they often underestimate its value. Therefore, if certain steps are not taken to protect their intellectual property (patents, registered designs, trade marks, copyright), such intellectual property cannot be exploited to its full commercial potential. The first step in protecting your intellectual property is to identify it. Although it may seem like an obvious process, it is most often not possible to identify the intellectual property of a business without involving specialised expertise. Once the intellectual property of a business has been identified, it is possible to take steps to protect it, whether by means of registered forms of intellectual property protection such as patents, trade marks, registered designs, or unregistered forms of intellectual property protection, such as copyright, contractual agreements or non-statutory forms of protection.

Patent Attorneys

A patent is an exclusive right granted by a sovereign state to an inventor for a limited period of time in exchange for the details of that invention. The procedure for granting a patent vary widely between countries according to national laws and international agreements, but a Patent application must include claims that define the invention. These claims must meet relevant patentability requirements, such as novelty, usefulness, and non-obviousness.

Blog

Copyright Films in South Africa

It is possible to copyright films in South Africa under the Copyright Act of 1978, because any cinematograph film or storage, fixation, and production such as signalling of data to produce the work fall under the protection. This means that the soundtrack of the... read more

Aesthetic vs Functional Designs

The difference between aesthetic and functional designs are briefly explained below to help you make an informed decision regarding the appropriate section for your specific design. In both cases, a design can only be valid upon registration if there was no... read more

Patent Search

The rights of a patent may only be conferred on the inventor if the invention is new and inventive. The invention must thus be novel and South Africa has an absolute or international novelty requirement. This means that the key aspects of the invention may not have... read more