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Madrid System

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

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Intellectual Property Law

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...

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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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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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Copyright Protection of Photographs

It is important to know that once you upload your photographs onto the Internet that it is your own responsibility to take the necessary steps to protect the copyright of your photographs. Copyright Symbol © The first step to protect your photographs should be a...

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Trademark a company name

Do not mistake the registration of a company with that of registering a trademark. It is possible to register a company in South Africa without registering the trademark. It is recommended that you also register the trademark the name of the company to build and...

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How to Register a Trade Mark

Register a trade mark that uniquely identifies and distinguishes the products and services for which it is used. You can register a trade mark under the regulations of the South African Trade Marks Act No. 194 of 1993. The mark may be renewed indefinitely every...

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Patent Duration

Patent duration refers to the period in which the patent holder has monopoly rights to their invention, the granting of usage, distribution, and marketing rights to others, and the right to commercial benefit from such for a specific period. Patent duration is...

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Copyright Protection

Copyright is just one of the four divisions that fall under the general heading of Intellectual Property, and there are South African attorneys who have had special training in the subject and will be only too happy to advise you on the subject. The four general...

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Filing a Patent

To file a patent for an invention in South Africa Requirements for the invention to be considered eligible for patent rights: - Novel, Original - Not obvious to someone skilled in the art - Applicable in industry, commerce or agriculture - Involve an inventive step....

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Developing Zika Vaccines

Krishna Ella's Indian firm, Bharat Biotech (represented by Smit & Van Wyk, Inc.), has become the first company in the world to have two vaccine candidates against the rapidly spreading Zika virus. Zika doesn’t cause much harm to adults, but when pregnant women get...

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What is a Patent?

A patent is the sole right granted to an inventor by the State for a given length of time in exchange for making the invention known to the public. Application for a patent in South Africa must be made through the CIPC in Pretoria and are only valid in South Africa....

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Domain Name Infringement

Trademarks serve to distinguish companies, goods, and services from competitors, and domain names provide unique identification on the Internet. With millions of companies competing for the attention of online users, every step taken in protecting and distinguishing a...

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Trademark Registrations

Trademark registrations are done to ensure that the products for which registrations are completed are uniquely marked and distinguishable from that of competitors. The benefits of trade mark registrations outweigh the waiting period and any costs involved. For one,...

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Copyright Films in South Africa

Copyright Films in South Africa It is possible to copyright films in South Africa under the Copyright Act of 1978, because any cinematograph film or storage, fixation, and production such as signalling of data to produce the work fall under the protection....

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