Intellectual Property Law Firm
September 7, 2011
Attorneys, Franchises, Intellectual Property Information
Smit & Van Wyk, Inc. is an intellectual property law firm located in Pretoria that specialises in the following areas:
- Registered Designs
- Copyright
- Franchising
- Patents
- Trade Marks
The team of lawyers at our law firm has many years of experience in the above areas and also assists foreign agents with the registration of patents, trademarks and registered designs.
Smit & Van Wyk, Inc. lawyers are qualified in scientific, technology, engineering and law.
This ensures that our law firm can help with the assessment of patents for patentability, novelty, and non-obviousness to a person skilled in the trade.
Services offered by Smit & Van Wyk:
- Assistance in registration of trademarks as domain names.
- Renewal of patents, trademarks and designs.
- Restoration of trademarks, patents, and designs.
- Assessment of intellectual property ownership.
- Franchise Agreements
- Legal advice and guidance.
- Litigation assistance.
- Dispute resolution.
- Patent, trademark and design registrations.
- Infringement prosecution.
- License agreement setup for patents, trademarks, copyright and designs.
- Assignment of intellectual property rights.
- Trademark, patent and design searches.
- Assisting foreign applicants in registering intellectual property in South Africa.
- Setting up of publishing and related copyright documentation.
The Smit & Van Wyk law firm offers client’s expert legal advice and assistance in registering patents in the bioengineering, nano-technology, and biotechnology fields.
Whether you require help in determining the strength of your trademark, assistance against an objection to the registration of a patent, copyright infringement litigation assistance or general legal advice regarding intellectual property.
View our range of specialties and contact the team of lawyers at our intellectual property law firm to assist you today.
Franchise Agreements | Consumer Protection Act | Competition Act
June 15, 2011
Franchises
Many well known South Africa franchises are based on long running agreements between franchisors and franchisees. Portions of these agreements or, in some cases, the full agreements may very soon be found to be invalid because they may be found to be contrary to current South African legislation.
More specifically, the Consumer Protection Act 68 of 2008 and the Competition Act 89 of 1998 contain specific provisions that are contrary to well established franchising principles.
Principles like fixed pricing structures and the definition of exclusive franchisee territories are contrary to the provisions in the Competition Act. Similarly, principles like restrictive purchase conditions are contrary to the provisions in the Consumer Protection Act.
The Consumer Protection Regulations, which are referred to in the Consumer Protection Act will come into effect in the first half of 2011 and will then regulate the relationship between franchisors and their franchisees.
Franchisors are therefore advised to review their franchise contracts in light of new legislation as a matter of urgency.
Patent Pitfalls to Avoid
April 7, 2011
Brand Names, Franchises, Geographic Indicators, Inventions, Registered Designs
New inventors often fail to register their patents successfully because they made mistakes during or before the filing of their patent applications. Most of the patent pitfalls can be avoided if one is to take heed of the common patent pitfalls discussed below.
Discussing The Patent Idea With Friends And Family
Although a person certainly wants to share an idea with friends, it is absolutely important not to disclose any details about your invention that could enable another person to create the same or a similar invention. Apart from rendering the invention useless when it comes to the patent application because information about the invention has become public knowledge, it also creates the risk of someone else using the information to create their invention and apply for patent protection before you do so.
Registering A Complete Patent When There Are Still Some Work To Do
One should only register a complete patent instead of a provisional patent if a person is sure that there will be no more modifications needed on the invention. You must also make sure that the invention is marketable and as such it is recommended that you first register a provisional patent. This will allow you a 12 month window in which you can test the marketability of the invention and make any modifications before having to file for the complete patent protection.
Disclosing Information Without A Non-Disclosure Agreement
You may be at a point where you require the help of another person skilled in the trade to assist with further development of the invention. Do not disclose any information about the pending patent or the invention even before that without the party signing a non-disclosure agreement.
View our full range of patent services and contact us for professional legal advice and assistance in registering your patent in South Africa or abroad.
6 EASY STEPS to – Patent your Invention – Click here!
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
Essence of a Franchise Agreement
February 19, 2011
Franchises, Intellectual Property News
A franchise agreement is in essence not defined in separate category of law, but is governed by existing law of contracts. More specifically, a franchise agreement is a licence agreement whereby certain intellectual property is licensed by a franchisor to a franchisee.
Included in the licensed intellectual property is typically the trade marks of the franchisor, know-how of the franchisor, the trade get-up of the franchise, and the like. In addition a franchise agreement will also include specific addendums according to which the franchisee should conduct the franchised business.
The provisions of a franchise agreement define the basis of the relationship between a franchisor and a franchisee. It is therefore of utmost importance to have a franchise agreement drafted by experienced intellectual property attorneys, sometimes also referred to as “Franchise attorneys”.
The prospective franchisor should however be aware that some firms might charge exorbitant fees for drafting a franchise agreement, which is often still inadequate in its practical implementation.
Therefore a prospective franchisor is well advised to use a firm on the personal recommendation of other successful franchisors.
Franchise Agreements | Consumer Protection | Competition Act
February 18, 2011
Franchises, Intellectual Property News
Many well known South Africa franchises are based on long running agreements between franchisors and franchisees. Portions of these agreements or, in some cases, the full agreements may very soon be found to be invalid because they may be found to be contrary to current South African legislation.
More specifically, the Consumer Protection Act 68 of 2008 and the Competition Act 89 of 1998 contain specific provisions that are contrary to well established franchising principles. Principles like fixed pricing structures and the definition of exclusive franchisee territories are contrary to the provisions in the Competition Act. Similarly, principles like restrictive purchase conditions are contrary to the provisions in the Consumer Protection Act.
The Consumer Protection Regulations, which are referred to in the Consumer Protection Act will come into effect in the first half of 2011 and will then regulate the relationship between franchisors and their franchisees.
Franchisors are therefore advised to review their franchise contracts in light of new legislation as a matter of urgency.
