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.


How to Copyright Films

What is Copyright? A copyright is an exclusive right granted to an author of original work for a limited period of time. For a work to be eligible for copyright protection, it must be original and be reduced to material form. In South Africa all these works are... read more

Domain Name Disputes

What is a Domain Name? A domain name represents an Internet Protocol (IP) source such as a server address hosting a website, or the website itself. The registration of a domain name is usually administered by domain name registrars who sell their services to the... read more

Copyright Photographs

Copyright Photographs When it comes to the protection and ownership rights of a photograph, there is still a lot that can be done in South Africa. It is not possible to register copyright for photographs in South Africa. Unlike other forms of intellectual property,... read more