Blog

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

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,...

read more

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...

read more

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...

read more

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...

read more

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...

read more

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....

read more

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

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...

read more

Patented

There are several categories of Intellectual Property in South Africa. The overall concept of Intellectual Property relates to ideas and creations of the mind. Your ideas and creations can take the form of an invention, design, mark, song, photograph or poem, and you...

read more

Copyright Attorneys

Smit & Van Wyk, Inc. is an intellectual property law firm located in South Africa. Our copyright attorneys have experience dealing with copyright and trademark related issues. With advances in technology, copyright infringement is increasing, so our copyright...

read more

Register a Patent

To register a patent in South Africa is a two-step process, with the two steps being spaced 12 months apart. The reason for this two-step approach to patents is to give you time to determine the market for your invention, and to refine your invention into its...

read more

Patent Exploitation

A patent grants exclusive rights to an inventor for a fixed period of time in exchange for the public disclosure of that invention. A patent is an exclusionary right which gives the owner the right to exclude others from making use of or infringing the patent in any...

read more

Design protection in South Africa

Design protection in South Africa is awarded based on the article appearance and not the underlying invention of the article. Design protection is cheaper than patent protection and is often in used combination with trademarks, patents, and copyright to gain maximum...

read more

Patent an Invention

How to Patent an Invention In order to patent an invention it has to be New, Inventive and Useful. This means that the invention has to be useful to agriculture and industry, involve an inventive step and fall within the categories of allowable inventions for South...

read more

Registered Design Renewals

Registered designs must be renewed within the allotted timeframe and must be done on the 3rd anniversary of the registration. There is a six months grace period for the payment of the renewal fees, but it should be noted that a fine is also payable. What happens if...

read more

Application for Design Registration

Applications for design registrations are filed at the Companies and Intellectual Property Commission in Pretoria. Some designs are necessitated by function and others are aesthetic, although it is also possible to register your article for both. In addition, it is...

read more