Archive for the ‘Court’ 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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When thinking of a country such as Canada, you may imagine law abiding citizens who care about the rights of others. Even though true, the USA has put Canada on its watch list for lacking appropriate legislation to protect intellectual property on the Internet. Canada together with countries such as Venezuela, Russia, Pakistan, and China have made it to the intellectual property blacklist of the USA, because they have not taken enough steps to protect the intellectual property rights in the digital world. Canada is also accused of not doing enough to prevent the flow of counterfeit products over its borders. South Africa may take a few hints here as well since counterfeit DVD products seem to be readily available on our streets.
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Simple as it may seem, but there are numerous court cases every year about trademark infringement in China. The disputes normally arise because the Chinese High Court ruled that for trademark infringement to take place of a trademark registered outside China, that the trademark must be well known in China. This means that the consumer public must recognize the trademark and associate it with a certain brand. It doesn’t help if a company’s trademark is well known in South Africa, USA or Europe. It must be well known in China. Come to think of it – it will be a long and difficult court case if you want to proof that the Chinese public is well acquainted with your trademark. The best remedy to prevent trademark infringement in China is to simply register yours there.
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Stefan Grobbelaar of Smit & Van Wyk recently attended the auction at The Bag Factory in Fordsburg, Johannesburg. The auction raised over R400000 in support of Gerhard's upcoming copyright case against BMW.
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June 10, 2008 | Court
This court was instigated to settle small claims of R3000 or less in a speedy manner. The presiding officer is called a commissioner. No legal representation is allowed, the parties representing themselves. Procedings are simple. The commissionaer takes an active part in the procedings, asking questions. There is no right of appeal.
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June 10, 2008 | Court
The presiding officers in the lower courts are magistrates, hence their being known as Magistrates' Courts. The Regional Court has jurisdiction within a particular region and the District Court within a particular magisterial district. These are only courts of the first instance, though they can hear appeals from the courts of chiefs and headmen. Â The regional courts only try criminal cases, whereas district courts try both criminal and civil courts.
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June 9, 2008 | Court
A Judge President heads a High Court. Other presiding officers are judges. Each High Court has jurisdiction within a particular provincial area. A local division may co-exist within that provincial area. A high court has appeal jurisdiction and it can function as a court of first instance. A local division is usually a court of first instance only. In practice a high court will only try the more serious cases.
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