Archive for the ‘Advocates’ Category
South Africa Patent Laws favour the usage of attorneys Even though it is possible to file a patent application directly without the usage of a patent lawyer or attorney, it cannot be recommended. The reason is simple. The South Africa patent laws favour the usage of an attorney. The South African Patent Office is a non-investigating office. This means that you can complete the application, file it and even receive the patent right upon payment of the required fees without the invention complying with all the requirements. It is not a loophole in the system. It simply means that the responsibility lies with the applicant to ensure that the invention is indeed patentable and that the application will be done correctly. The snag comes in when another applicant or company questions the patentability of the invention down the line or argues that the idea was not original at all. Lawsuits may follow and all the money already spent in the commercial development of the patent may be lost forever. You will need the help of a patent lawyer who knows the South Africa patent laws and will conduct the novelty searches and apply in the correct manner right from the word go.
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February 3, 2010 | Advocates
Trademark infringements occur when the exclusive rights associated with a trademark are infringed by another party. This happens when a party other than the holder of the trademark makes use of the logo or identification of a product or service registered as a trademark by the holder thereof or uses one similar to the one registered as to cause confusion with consumers over the product. Trademark infringements are rising and although business owners may feel that registration will thus be useless, without registering the trademark the company will have no grounds for action against another party that copies its logo or identification. It is thus money well spent as it provides legal grounds for preventing counter fitting or causing of confusion with the public. Confusion can be based on the proximity of goods, similarity in the identification marks, marketing channels utilized and more.
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February 3, 2010 | Advocates
Research results published at the GetDebit website (www.getdebit.com) indicate that patent applications published regarding prepaid debit cards have increased tremendously from 2001 to 2009. It does however, seem that there are still only a few major players regarding prepaid debit card patent applications including the likes of MasterCard, Visa, and American Express. The research published at the site also suggests that the successful issuing of patent applications regarding the debit cards still go mainly to the bigger companies with only a few awarded to smaller players in the field. American Express and First Datacorp lead the market in the USA for patent applications being granted to them. New innovations in the USA and smaller countries such as South Africa, may change the picture during the next couple of years.
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February 3, 2010 | Advocates
Amendments to a Bill in the UK seek to provide copyright indemnity for search engines. The proposed amendment 292 of the Digital Economy Bill if accepted will allow for the copying of information in part or in whole from websites by the search engines as part of the purpose of providing search engine services. This means that search engines such as Google and Yahoo will be able to index parts of news publisher sites and that deep linking would not be a problem or risk of copyright infringement. If approved by the House of Lords the amendments could also mean that publishers or website owners would not have the right to block search spiders through robots.txt files. The outcome remains to be seen, but with such rights given to search engines, website owners will enjoy less copyright protection.
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February 3, 2010 | Advocates
The role of the patent attorney is often misunderstood and as such many inventors believe it to be better to simply register their patents directly. Just as many inventors fail as the patent attorney has an important role to play. For one the patent attorney helps to assess whether the invention is patentable, helps with patent description, specifications, and also to find out whether there has been a similar application already handed in or approved. The lawyer is qualified not only in law, but also in engineering or a relevant area and as such has the qualifications and know-how to identify important aspects such as the obviousness of an invention, whether it falls under patent law or should in fact fall under copyright or designs etc.
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February 3, 2010 | Advocates
Oftentimes the terms Patent Lawyer, Patent Attorney or Patent Agent are used interchangeable. In short a person who wants to act as a patent lawyer in South Africa must be qualified in engineering and the law. The patent lawyer acts on behalf of the client regarding patent filings and oppositions. All legal aspects surrounding patents fall within the work scope of the patent lawyer. As such whether a person wishes to file a patent application, simply wants a patent search done, requires assistance with the setting up of a patent licence agreement, or want to oppose a patent application, the patent lawyer should be the first stop. Patent applications may go through when you apply directly, but you will also face the risk of several lawsuits or opposition if you have not done your research on its originality, usability, and the requirements as set out by the Patent Office for a patent to be valid. As such the first person to speak to before commencing with any application should be the patent lawyer.
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February 3, 2010 | Advocates
Trademark Attorney’s role in selection of an appropriate category for registration
The trademark attorney is especially important when it comes to international trademarks. Understanding in which category trademark applications should be made is essential to ensure the success of the application. Cosmetics for instance, fall under International Category 3 in short known as IC-3. So do sandpaper, tattoo sprays, and some food and beverages. From this it can be seen that the sheer number of products that can go under a specific trademark category, can cause loads of confusion. Fortunately the trademark attorney is well acquainted with the various categories and will as such ensure that your trademark is registered in the appropriate category.
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February 3, 2010 | Advocates
When thinking of trademarks business owners often stop at logos and names. The trademark lawyer however also helps to clarify the categories of trademarks. Colours, shapes, and sounds for instance, can also fall within the scope of trademarks. The trademark lawyer will be able to assist a business owner such as the owner of a restaurant to trademark the interior design of a chain of restaurants. It is possible to even trademark a specific font. With the scope being much broader than most people realize, it may be a good idea to contact a trademark lawyer for assistance regarding the registration of trademarks. Harley Davidson for instance, has trademarked the sound of the motor cycles. If something is distinct to your brand and you want to get some legal protection against copying or misuse thereof get in contact with a trademark lawyer for assistance.
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February 3, 2010 | Advocates
Before the advent of the Internet, chances for infringing on the trademark rights of a third party were not that prominent. Today, the scope of reach on the Internet means that the possibility of infringing on an existing trademark is huge. The Trademark Law also extends to logos, names, shapes, fonts, and domain names on the internet. To ensure that you don’t use a logo, name or perhaps a domain name that can cause confusion you need to get your website analysed for trademark availability. A specialist in Trademark Law such as a trademark attorney will do searches in various databases and will also do an assessment of sources on the internet to establish that your website doesn’t infringe on any trademarks. Stay on the right side of Trademark Law by getting an assessment.
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February 3, 2010 | Advocates
Questions arise as to whether a person should register their individual names for trademark protections. The answer is yes if the person is in entertainment or any business where their name will become their branding tool. Through trademark protections it will be possible to for instance register a name such as Meat Loaf as a trademark. The trademark protections will then help to prevent other bands or singers from using the name to promote their music or band image. The same questions arise regarding trademark protections for business names. It goes without saying that if you plan to brand with your business name, that you will want to enjoy some kind of protection against the copying, presentation, and usage of your business name by a third party without a prior written agreement. Contact the lawyers of Smith & Van Wyk to establish whether your business name or personal name in the case of entertainers can receive trademark protections.
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