Smit & Van Wyk Attorneys » Intellectual Property

LESI 2010 | OPEN SOURCE DEVELOPMENT VERSUS PROTECTED IP RIGHTS | PATENT POOL | OPEN SOURCE INNOVATION

Wessel van Wyk — Wed, 14 Apr 2010 11:08:35 +0000

The remark is often made that institutions do not protect their IP because they favour an “open source development” or “open source innovation” model.

The basis of this viewpoint is that knowledgeable individuals contribute “free of charge” to provide products (software etc.) which is available to other contributors. In exchange such individuals has access to the development of other contributors “free of charge”. This development model is used to develop cutting edge technology in a rapid changing technological environment.

Opposed to the open source development model there is the “Legally protected” development model, which use legal tools to protect IP for the benefit of the individual or the institution. The advantage of this system is that the individual or institution can recover their investment in research and development over a period of 20 years. This model is used by pharmaceutical companies to develop new health solutions for the benefit of mankind, but with the knowledge that their (very costly) investment will be recovered in future.

These viewpoints are often presented as opposing viewpoints with proponents of each justifying the one against the other. However it is a widely accepted fact that each of these models has its own benefits and their own drawbacks.

Smit & Van Wyk, Inc. with individuals coming from a background of high technology development, but being at the forefront of legal protection of our clients rights, have the view that these two diverse models can be combined into a new “Legally protected open source model” (LPOSM) to maximise the benefits of each model whilst minimising the disadvantages of each model.

The LPOSM model incorporate use of open source technologies as input to new development and making available new developments to the open source community where appropriate, but to incorporate certain technologies (normally not available in the open source market) into products by using patent pools and commercial agreements to access such technology whilst legally protecting certain core competencies.

Smit & Van Wyk, Inc. can be contacted for more information on open source development, the LPOSM model, and legal protection of IP rights.

South Africa Patent Laws

Daleen — Thu, 18 Feb 2010 09:19:14 +0000

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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Intellectual property lawyer

Daleen — Tue, 12 Jan 2010 07:26:20 +0000

Software forms in indispensable part of our daily lives, and large amount s of money goes into developing specialised programmes to help companies perform better, faster and more efficiently. Because of this large investment, it does happen at times that there are disputes of ownership between individual creators and companies. To ensure a fair outcome, you will require the services of an expert intellectual property lawyer.

Smit & Van Wyk Incorporated is a South African legal practice that specialises in intellectual properties. Each intellectual property lawyer employed by them is highly qualified and experienced and will be able to help you navigate the complicated world of software copyrights and patents successfully. Apart from the required legal background, our firm also has the practical technical background to assist you with the protection of your computer related inventions.

Intellectual property attorney

Daleen — Tue, 12 Jan 2010 07:16:39 +0000

Because of its intangible nature and number of laws regulating various aspects, intellectual property can potentially prove to be a legal nightmare if a dispute concerning it arises. Many people don’t know their rights concerning the creation of intellectual property, and can thus be easily taken advantage of by unscrupulous characters. If you find yourself in such a dispute, it is wise to find yourself an experienced intellectual property attorney.

Smit & Van Wyk Incorporated is a specialist South African practice that specialises in intellectual property. When contracting the services of an intellectual property lawyer employed by us, you can be assured that you are dealing with a professional who is highly qualified to handle all cases relating to issues such as patents, trademarks, industrial design and copyright. This includes litigation, as well as providing advice on the commercial rights attached to each of these forms of protection.

Intellectual property attorneys

Daleen — Thu, 07 Jan 2010 07:53:26 +0000

As specialist intellectual property attorneys, we deal exclusively with intellectual property law here at Smit & Van Wyk Incorporated. We have the knowledge, resources and experience to include all fields of practice relating to patents, trademarks, industrial designs, copyright and so forth into our services, including litigation, as well as providing advice on the commercial rights attached to each of these forms of protection.

Many of our intellectual property attorneys are also qualified engineers or scientist, making them extremely skilled in their field of practice, and able to provide excellent advice on complex legal matters to any and all our clients. They are further aided by a dedicated support team who ensures we are efficient and up to date at all times, with the help of state-of-the-art software. We also have an outstanding foreign department who assist with cases that cross borders. Feel free to contact us to assist with any and all matters related to intellectual property.

Intellectual property lawyer

Daleen — Tue, 05 Jan 2010 08:24:59 +0000

In life, there is always more than meets the eye. The success of a business is not only governed by its physical abilities and assets, but also by the ideas behind it that powers its innovation, the creativity that keeps it one step ahead of the competition and the emotions it evokes from its consumers. These are all intangible characteristics of a business, but no less important than any other concrete asset. And just like any other physical asset, these features need to be cared for and protected in order for the business to continue thriving.

An intellectual property lawyer specialises in the legislation governing this subject matter and can assist you in protecting these assets to your business. Whatever your requirement of an intellectual property lawyer might be, Smit & Van Wyk Incorporated has the necessary expertise to provide you with a solution.

Intellectual property applications

Daleen — Tue, 05 Jan 2010 08:23:55 +0000

Resorting to an old cliché, the world has truly become a global village when it comes to doing business. Gone are the days where you are simply operating in your home town. If you want to succeed in the cutthroat world of business, you need to broaden your horizons, and this might very well include looking at opportunities abroad. At the same time you also need to protect your assets, both tangible and intangible.

Intellectual property plays an important role in the success of any company, and Smit & Van Wyk Incorporated can assist you with intellectual property applications to protect these valuable assets. Not only do we know the South African laws inside out, but we are also proficient in foreign intellectual property applications. Contact us for expert advice on issues like copyrights, patent and trademark registration and more.

Intellectual property process

Daleen — Tue, 05 Jan 2010 08:18:58 +0000

Smit & Van Wyk Incorporated specialises in intellectual property law, which means we can help you protect your invention by way of a patent. These are the steps for this intellectual property process:

KEEP THE INVENTION SECRET. Do not market or sell it until a patent application has been filed at the South African Patent Office.
Contact us to discuss patent or other protection for your invention in detail.
We can also discuss the possibility of conducting cursory, fixed-cost patent searches to provide you with background information of what has been patented before in your field.
Should you wish to proceed with the patenting process, we shall, upon receipt of a deposit, prepare a patent specification for the invention.
The patent specification will be forwarded to you for approval.
When you are satisfied that the patent specification is complete, we shall file a patent application at the South African Patent Office in Pretoria.

Only after we have confirmed that the patent application has been filed may you disclose your invention. Contact us if you require more information on this intellectual property process.