Blog

Franchising

Franchising: When the franchisor grants licensing rights to a franchisee to use the franchise business system. The franchisor will remain the owner of all intellectual property rights surrounding the business system. Franchiser Agreement A franchise agreement should...

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LSNP Annual General Meeting 2016

LSNP: Sun City Annual General Meeting 2016 Smit & Van Wyk, Inc. attended the Law Society of the Northern Provinces (LSNP) Annual General Meeting, Golf Day and Charity High Tea event at Sun City that was from 18 - 20 November 2016.  The Smit & Van Wyk, Inc. exhibition...

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WISA Mine Water Division Annual Symposium

9 - 11 November 2016      The WISA Mine Water Division invites you to the Annual Symposium that takes place from 9 - 11 November 2016 at the CSIR ICC in Pretoria. The symposium theme for 2016 is: Management Options for Mine Water. Symposium speakers will include Nobel...

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Register Business Name

Register a Company Companies that wish to transact with the formal sector, or that wish to access government support, are required to be registered with the CIPC.  To register a company is simple and inexpensive procedure if you follow the steps outlined on the...

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The Stapler Invention

A stapler is a device that joins pages by driving a metal staple through the paper and folding the ends. It can also be used to join human or animal tissue together with surgical staples to close a wound. The first known stapler was made in the 18th century in France...

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How to File a Trademark

A registered trademark represents the mark that distinguishes your products / services from others. Trademarks are filed with the intellectual property office in Pretoria an will be subject to certain requirements. A trademark may be filed by a qualified trademark...

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Trademark Registration South Africa

A trademark registration in South Africa is filed with the Companies and Intellectual Property Commission (CIPC) in Pretoria, together with details of the applicant, details of the trademark, classes, list of goods and services, and a signed power of attorney. Before...

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Registered Design vs Patent

South African Registered Design vs Patent A registered design protects the appearance of an article, unlike a patent which protects the invention on which an article is based. Even though the underlying principle of operation may be the same, a new appearance may be...

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TM Registration

A TM registration (trademark registration) may be done by a qualified trademark attorney or trademark practitioner. When a trademark (Name, Slogan, Logo, Shapes, 3D Marks, Colours) has been registered, competitors may not use your trademark, or one that is confusingly...

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How to get a Patent

A patent is an exclusive right granted by a sovereign state to an inventor in exchange for the details of that invention. The procedure on how to get a patent might vary between countries, but a patent application should always include claims that define the...

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International Trademark Search

A word or mark that distinguishes your goods/services from the goods/services of others is considered a trademark and may be registered for protection. To avoid infringing on someone else's trademark, you need to search for similar trademarks that have already been...

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ARIPO Trademarks

ARIPO is an intergovernmental organisation for English-speaking African countries to implement common administrative procedures deriving from a uniform system for the protection of intellectual property. The relevant protocol for ARIPO trademarks is the Banjul...

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Registered Trademark Symbol

® and ™ are the two symbols commonly used to indicate trademarks. ® is used as the registered trademark symbol and ™ is used for marks that have not been registered. The registered trademark symbol provides notice that the word or mark has been registered and...

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gTool PenDriver

gTool is the leading tooling brand committed to innovation in the mobile and cell repair industry. PenDriver is the worlds first artificial intelligent screwdriver that is able to think for itself and determine screw orientation. PenDriver Pro The PenDriver Pro...

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Brexit effects on Intellectual Property

Brexit Explained A portmanteau of the words “Britain” and “exit,” it is the nickname for a British exit of the European Union. The UK refers to the union of what were once four separate nations: England, Scotland, Wales and Ireland (although most of Ireland is now...

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Patent Protection China

Patent Protection in the People's Republic of China A patent is an exclusive right granted for a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. The patented invention cannot be commercially made,...

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Patent Protection United States

Patent Protection in the United States of America In simple terms, any person who invents or discovers a new and useful process or composition of matter (or any new and useful improvement thereof) may obtain a patent in the United States of America, subject to certain...

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Patent Litigation

Patent Litigation When a patent is infringed, the patentee has various options to consider including litigation. Litigation is an action brought in court to enforce a particular right and involves a series of steps that may lead to a court trial and ultimately the...

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Madrid System

The Madrid system is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. Its legal basis is the multilateral treaty Madrid Agreement of 1891, as well as the Protocol Relating to the Madrid...

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Intellectual Property Law

Intellectual property law in South Africa refers to all legislation concerning patents, designs, trademarks and copyright protection. It is meant to protect the intellectual property of legal entities, as intellectual property can also carry significant value and is...

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Trademark Applications

Trademark Applications in South Africa A trademark represents a mark which distinguishes your goods or services from goods or services of others. Trademarks are registerable in terms of the South African Trade Marks Act No 194 of 1993 and subject to certain...

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Public Domain Works

Public domain works refers to intellectual property that is not owned by anyone. The term indicates that these properties are therefore "public", and available for anyone to use. The public domain can be defined in contrast to copyright, trademarks or patented works....

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Industrial Designs

What is an industrial design? An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or...

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Database Rights

European Union law In European Union law, a database protection is a legal right, that was introduced in 1996. Database rights are specifically coded laws on the copying and dissemination of information in computer databases. De facto, databases when defended have...

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Copyright Attorneys

The copyright law of South Africa governs the right to control the use and distribution of copyright works, in South Africa. Copyright Attorneys represent clients who's copyright has been infringed upon, or when they have been accused of infringement. Works eligible...

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Patent Attorneys

Smit & van Wyk, Inc. patent attorneys deal with matters related to patents and designs in Africa. Our specialised team of attorneys also cover other aspects of intellectual property law including trademarks and copyright. A patent is an exclusive right granted by a...

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Copyright Applications

It is not necessary to formally submit copyright applications in order to receive copyright protection. Copyright exists automatically in force of creation. In other words, as soon as the qualifying work is written or recorded on some physical medium, its author is...

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How to protect your Copyright

Copyright attorneys will tell you that copyright in South Africa, as in many other countries, does not need to be registered. Unlike patents, trademarks and designs, the rights associated with copyright rest in the author of a work once the work is created in a...

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