Archive for November, 2009

Intellectual Properties

November 23, 2009
Attorneys

Intellectual Properties

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.

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.

Contact Details for Smit & Van Wyk:

Tel:
+27 (0) 12 349 7800

Fax:
+27 (0) 86 619 0493

E-mail:
enquiries@svw.co.za

Physical Address / Courier:
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa



Gauteng Attorneys

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.



Copyright Lawyers

November 23, 2009
Attorneys, Copyright ©

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.



Copyright Lawyer

November 23, 2009
Attorneys, Copyright ©

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.

Copyright Articles

  1. Copyright for Cinematographic Film
    If you want to register copyright on a cinematograph film in South Africa, you will have to complete a copyright application…
  2. Copyright Infringement on the Internet
    Too many amateur photographers make the mistake of thinking that any photo they upload to the internet will automatically…
  3. Software Copyright
    Once the computer program is created in a material form, the work is instantly subject to copyright…
  4. Copyright in South Africa
    There are two principal international copyright conventions, the Berne Convention and the Universal Copyright…
  5. Cinematograph Films Copyright Registration
    The only form of copyright which can be registered in South Africa, is copyright in a cinematographic film…
  6. USA Copyright Registrations
    In the U.S copyright registrations can be filed through the United States Copyright…
  7. Copyright Facts
    The general rule is that the author / writer / photographer / creator is the first owner of copyright…


Copyright Law

November 23, 2009
Attorneys, Copyright ©

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.

Copyright Articles

  1. Copyright for Cinematographic Film
    If you want to register copyright on a cinematograph film in South Africa, you will have to complete a copyright application…
  2. Copyright Infringement on the Internet
    Too many amateur photographers make the mistake of thinking that any photo they upload to the internet will automatically…
  3. Software Copyright
    Once the computer program is created in a material form, the work is instantly subject to copyright…
  4. Copyright in South Africa
    There are two principal international copyright conventions, the Berne Convention and the Universal Copyright…
  5. Cinematograph Films Copyright Registration
    The only form of copyright which can be registered in South Africa, is copyright in a cinematographic film…
  6. USA Copyright Registrations
    In the U.S copyright registrations can be filed through the United States Copyright…
  7. Copyright Facts
    The general rule is that the author / writer / photographer / creator is the first owner of copyright…