Archive for November, 2009
November 26, 2009 | Attorneys
Gauteng is a bustling centre of business activity. With so many companies all struggling to get to the top, you have to have a shrewd business sense in order to stay ahead of the game. This requires you to know all your strengths and to exploit them to their fullest commercial potential. Intellectual property is one of the strongest assets you could make use of, as this is unique to your business and can help give you the edge over your competitors.
If you are looking for an expert Pretoria lawyer that can assist you in identifying your intellectual properties and initiate the process of claiming sole right to them, then look no further than Smit & Van Wyk Incorporated. We specialise in all legal matters connected to intellectual property and can provide you with the leading Pretoria lawyer in this field.
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Patent registrations provide inventors with some large and extensive benefits. If you have come up with an idea, but someone else beats you to the market with the same idea, you will have lost all rights to claim that idea or the benefits it provides if you have not registered it as a patent. If, however, you had filed an earlier patent application, which eventually proceeds to a granted patent, you may stop your competitors from exploiting your invention - your date is the earliest and thus the patent rights accrue to you.
Contact Smit & Van Wyk Incorporated for any and all patent registrations. We are a legal agency that specialises in matters concerning South African intellectual property laws. Our expert legal personnel will be able to guide you the process of patent registrations quickly and efficiently.
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The copyright process is an interesting one compared to other intellectual processes regarding issues such as trademarks and patents. There is no formal registration process for work concerned as there is with the other two subjects mentioned. There are, however, rather extensive laws governing the copyright process ranging from what is required in order for a piece of work to qualify for copyright protection, to determining the owner of the rights to the material.
There are many exceptions to the rules and clauses that come into effect, so matters concerning the copyright process are best handled by legal experts who have experience in the field of intellectual property. Smit & Van Wyk Incorporated’s 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. Contact them with any queries regarding the copyright process.
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Because of the varied nature of intellectual property, registrations of the different types can differ greatly. Some, like copyrights, don’t even require any intellectual property registrations. Others, like trademarks, require research beforehand, while the registration of patents can take a two-tiered approach. In order to enjoy maximum legal protection, it is important to make sure that you foolow the correct approach.
Smit & Van Wyk Incorporated specialises in this legal are and has the expertise and resources to assist you with any related query or task. From intellectual property registrations to litigations, we are the leading team in this field in the country. Our practice specialises in assisting South African and international clients to identify, protect and exploit their patents, trademarks and registered designs in South Africa and internationally. Should you wish to make use of our expertise, you are welcome to contact us.
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November 24, 2009 | Attorneys
As individual or as a business, no-one needs to explain to you the importance of protecting your assets. There is insurance for theft of equipment, for damage to property and even for loss of income. When it comes to tangible belongings, we are easily reminded of its importance, because we can see it right there in front of us. But what about the intangible aspects of our business that plays an equally, if not more important role than the material things?
People often tend to overlook the value of intellectual property and the influence it has on their success. Expert intellectual property attorneys from Smit & Van Wyk Incorporated can assist you in identifying these aspects in your business and provide you with professional advice on how to protect your rights. Our intellectual property attorneys are leaders in their field and have extensive legal knowledge regarding this discipline.
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November 23, 2009 | Attorneys
Intellectual properties refer to a number of often intangibles ideas, concepts and strategies that have commercial value to you or your business. These are often created during the normal operations of the business, without the people involved necessarily realising the potential value of it, and therefore the need to protect these valuable assets. This could lead to the intellectual property not being exploited to its full commercial potential, or even worse, leave it open for exploitation by a competitor.
Smit & Van Wyk Incorporated is leaders in dealing with intellectual property in South Africa. We can help you identify valuable intellectual properties within your organisation and provide you with expert advice on how to best protect it. This includes, but is not limited to, factors such as trademarks, patents and copyrights.
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November 23, 2009 | Attorneys
The leading Gauteng attorneys in the arena of intellectual property are without a doubt Smit & Van Wyk Incorporated. We operate exclusively within this sector of the law, and can boast with some of the most extensive knowledge and experience in this field. Our Gauteng attorneys are not only well versed concerning the applicable laws, but most of them are also qualified engineers or scientists. This, combined with their high level of dedication and constant quest to stay informed of the latest developments both locally and abroad, make them highly suited to deal with inventions on the cutting edge of technology, such as Biotechnology, Bioinformatics, Biochemistry, Nano-technology, Telecommunications, Computer technology, and Software. These are fields in which the generation of intellectual property in the form of patents are essential to successfully compete against more established players.
If you are serious about protecting your intellectual property rights, Smit & Van Wyk are the only Gauteng attorneys you should consider.
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While it is generally accepted by copyright lawyers and other legal entities that copyright is automatically in force at creation of the work, subject to certain criteria, this copyright is not applicable indefinitely.
Generally, the term of copyright is 50 years, depending on the nature of the work, and subject to the following:
Literary, musical or artistic works – fifty years following the death of the author
Films and photographs – fifty years from the end of the year in which the work is made publicly available
Sound recordings – fifty years from the end of the year in which the recording is first published
Broadcasts – fifty years from the end of the year in which the broadcast first takes place
Programme-carrying signals – fifty years from the end of the year in which the signals are emitted to a satellite
Published editions – fifty years from the end of the year in which the edition is published
This is a basic summary, and there are exceptions. Feel free to contact the copyright lawyers at Smit & Van Wyk for more detailed information.
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Similar to other forms of intellectual property such as trademarks and patents, and in fact conventional forms of property as well, copyrighted work often holds some kind of value, and can thus be transferred from one owner to another. This can happen by assignment, testamentary disposition or by operation of law. Copyright can also be licensed to a licensee for royalties. For any transfer of copyright, it is advisable to have a copyright lawyer present to ensure that the rights of all parties involved are honoured.
It is important to note that transfers of copyright in the form of an assignment and an exclusive license (which precludes anyone else, including the author from using the creation) must be in writing and signed by the assignor to be valid. An expert copyright lawyer from Smit & Van Wyk Incorporated will gladly assist you with any of these copyright related issues.
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While copyright is legally accepted as coming into effect automatically upon the creation of the applicable work, the copyright law is rather extensive in order to govern what exactly is protected, who is considered the owner of the work and what is considered infringement.
Most importantly, for a piece of work to fall under protection of the copyright law in South Africa, it needs to meet certain requirements. In general, any original work made by a qualified person is eligible for copyright protection. An original work means that the author must have created the work through the application of his or her own creativity and labour. A qualified person refers to any resident of South Africa or a Berne Convention country. In addition, the author must have written down or recorded the creation in a material form for copyright to come into existence.
For any queries regarding copyright law, contact the leaders in intellectual property matters – Smit & Van Wyk Incorporated.
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