Archive for November, 2009
Smit & Van Wyk Incorporated specialises in all legal matters concerning intellectual property, making us the perfect service provider to turn to when requiring patent attorneys. Our field of practice include litigation relating to patents, as well as providing advice on this form of protection. As expert patent attorneys we can confidently guide you through the process of successfully applying for a patent, as well as assist you in protecting your rights as an existing patent owner. Apart from the traditional forms of engineering and gadget-type inventions, our patent attorneys are equipped to deal with inventions on the cutting edge of technology, such as Biotechnology, Bioinformatics, Biochemistry, Nano-technology, Telecommunications, Computer technology and Software. Whatever the nature of your invention is, if you are in need of patent attorneys, or need advice regarding this section of intellectual property, be sure to contact Smit & Van Wyk Incorporated.
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November 26, 2009 | Attorneys
Patent rights are only applicable to the territory in which it is registered. If you take your product or invention into another territory, it will not be protected, unless you apply for a patent in this territory as well. Pretoria lawyers Smit & Van Wyk Incorporated deal exclusively with intellectual property, including all legal matters relating to patent registration and management. They have the necessary expertise to assist you in registering your patent not only locally, but also in territories abroad if so required.
There is no such thing as a "worldwide" patent - you have to file a patent application in each country in which you wish to protect your invention. You may file foreign patent applications based on your South African provisional patent application within 12 months of filing the latter. You also have options which allow you to keep your rights open in most foreign countries before finally deciding on such countries. Contact Smit & Van Wyk Incorporated, the Pretoria lawyers with the international connections, with any queries regarding intellectual property.
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November 26, 2009 | Attorneys
Intellectual property law refers to all legislation concerning aspects such as patent, trademark and copyright protection. It is meant to protect the intellectual property of legal entities, as this ‘property’ can also carry significant value and is thus vulnerable for exploitation by outside parties. With the exception of copyrights, intellectual property law in South Africa require for this ‘property’ to be registered in order to qualify for protection. If you come up with a brilliant new invention, but do not register the patent, there is absolutely nothing you can do about it if someone else copies your idea and market it themselves.
There are certain requirements that need to be adhered to before you can register something under the intellectual property law. The best advice is to consult with an expert in this field, such as Smit & Van Wyk Incorporated, in order to determine the best way to protect your intangible assets.
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The function of patents is not to give the owner the right to use or practise the products or inventions they have been issued for. A more accurate summation would be that patents rather exclude other people from exploiting the particular invention in the given territory. This means that only the owner of the rights to the patents have the authority to make, use, sell or import the invention in question. This right is subject to the payment of maintenance fees, and is comparable to a limited property right that the government offers then inventor in exchange for their agreement to share the details of the invention with the public. In effect, this agreement boosts development and even economic growth. Smit & Van Wyk Incorporated focuses specifically on intellectual property such as patents, and their experienced staff will be able to assist you with any query regarding this topic.
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November 26, 2009 | Attorneys
While often the case, the importance of intellectual property should never be underestimated. This refers to refers to creations of the mind that, although often intangible, may have commercial and strategic value to your business. It could be something like your unique logo, an innovative business strategy or an intelligent new invention. Whatever the case might be, Smit & Van Wyk Incorporated’s lawyers have the expertise to help you identify these features and protect them from being copied by your competitors. We specialise exclusively in intellectual property law and our fields of practice encompass all aspects, including litigation, relating to patents, trademarks, industrial designs, copyright, as well as providing advice on the commercial rights attached to each of these forms of protection. Whatever your intellectual property requirements might be, consult one of our expert lawyers to find the best solution.
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In basic terms, the function of intellectual property lawyers is to assist you with legal issues regarding intangible, but valuable aspects of your business, such as protection of your unique logo, new inventions and innovative strategies. These three examples each represent an important subsection of intellectual property, namely trademarks, patents and copyrights. All of them can contribute to your success, and intellectual property lawyers will assist you in identifying these aspects of your business and ensure they are protected by law.
Because of its intangible nature, the classification and registration of intellectual property can sometimes prove to be rather complicated. It is therefore vital to consult an expert on this subject. Smit & Van Wyk Incorporated is a leader in this field, and our intellectual property lawyers have the necessary skill and experience to assist you with any advice you might need regarding the legal aspects of this matter.
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November 26, 2009 | Patent
While it is important to register your new inventions in order to protect your intellectual property, there are a few basic requirements that an invention need to adhere to according to South African law before you can initiate patent applications.
All patent applications need to be:
New: South Africa has a so-called "absolute" novelty requirement, which implies that any disclosure anywhere in the world before the filing date of a South African patent application will destroy the novelty of your invention, thereby forfeiting your patent rights.
Inventive: Even if your invention is new, there may be other similar inventions that have been disclosed to the public in patent specifications or other literature. It needs to be determined whether your invention is considered obvious or not.
Useful: Abstract inventions with no application in trade, industry or agriculture cannot be the subject of a patent in terms of South African patent law.
Contact Smit & Van Wyk Incorporated for any queries regarding patent applications. We have the knowledge and experience to guide you through the process quickly and efficiently.
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When looking for a lawyer that can assist you with issues such as registration of patents and trademarks, or other legal action in this or a related field, look no further than Smit & Van Wyk Incorporated. We are as reputable legal practice that specialises in the field of intellectual property. Whatever your requirement might be in this field, we have an expert lawyer to provide you with a solution.
Not only will a lawyer from our office assist you with the various intellectual property processes, but they are also capable of assessing your situation and helping you identify various areas where you would require legal protection, and provide you with options that will be best for your specific situation. Contact Smit & Van Wyk Incorporated for assistance with your intellectual property issues, and we will ensure you get the assistance of a leading lawyer in this field.
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For most businesses, trademarks play a very important role, as it is the mark by which the public recognises their brand, product or service. Without trademarks, it will be virtually impossible for consumers to identify various products on sight only, as this mark can be any name, word, phrase, logo, symbol, design, image, or a combination of these elements that distinguishes the product from other similar products.
As a business, the idea is to build a relationship with your consumers or customers, in order to create a sustainable market. It is thus very important to protect recognisable trademarks, as this is what notifies the public of the presence of your brand. If anybody could freely use your trademark, they would be able to steal your market share, without the public necessarily realising it immediately. Contact Smit & Van Wyk Incorporated, the specialists in intellectual property law, to find out more about the protection of trademarks.
name, word, phrase, logo, symbol, design, image
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Registering your company and its name is not the same thing as applying to register a trademark. Trademark applications serve to protect the distinctive sign or indicator you use to identify your specific brand to the consumer and to distinguish it from your competitors. Without protection, competitors may try to imitate your product if it is a commercial success. By registering and enforcing a registered trademark, such competitors may be prohibited from using your trademark.
In addition, you may be marketing several product lines, each with its own name or brand which differs from your company name. Trademark applications can be made for each of these separate product trademarks, protecting their image and ensuring that the public does not confuse your product or service with that of a competitor.
For quick and efficient trademark applications, contact the experts – Smit & Van Wyk Incorporated.
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