Intellectual Properties

January 7, 2010
Intellectual Property Information

Most of us don’t have to be told why we should invest in the security of our property – such as installing gates to our property, or an alarm system in our car. It is easy to remember to protect our tangible possessions, but what about the rest?

All ideas, concepts and strategies developed and used by you or your business can be classified as intellectual properties, and there are ways to ensure that these do not get exploited by people other than yourself, in effect stealing your property.

Smit & Van Wyk Incorporated are leaders in dealing with the protection of intellectual property in South Africa.

We can help you identify valuable intellectual properties within your organisation and provide you with expert advice on how to best safeguard it.

This includes, but is not limited to, factors such as trademarks, patents and copyrights.



Copyright Process

January 5, 2010
Copyright ©

While certain parallels can be drawn between the registration process followed with intellectual property rights that is concerned with trademarks and patents, the copyright process is entirely different. First of all, there is no registration required for copyright to be effective.

As a participating country of the Berne Convention, the South African Copyright Act vests the authorship automatically with the creator or first owner of then work. The act clearly defines whom it considers the owner, and also addresses certain situations which are treated as exceptions.

To find out more about the copyright process, or for expert advice and representation, contact Smit & Van Wyk Incorporated.

Our expertise encompass all aspects, including litigation, relating to patents, trademarks, industrial designs, copyright, as well as providing advice on the commercial rights attached to each of these forms of protection.

Copyright Articles

  1. Copyright for Cinematographic Film
    If you want to register copyright on a cinematograph film in South Africa, you will have to complete a copyright application…
  2. Copyright Infringement on the Internet
    Too many amateur photographers make the mistake of thinking that any photo they upload to the internet will automatically…
  3. Software Copyright
    Once the computer program is created in a material form, the work is instantly subject to copyright…
  4. Copyright in South Africa
    There are two principal international copyright conventions, the Berne Convention and the Universal Copyright…
  5. Cinematograph Films Copyright Registration
    The only form of copyright which can be registered in South Africa, is copyright in a cinematographic film…
  6. USA Copyright Registrations
    In the U.S copyright registrations can be filed through the United States Copyright…
  7. Copyright Facts
    The general rule is that the author / writer / photographer / creator is the first owner of copyright…


Copyright

January 5, 2010
Copyright ©

Copyright

As the author of an original work, you have the exclusive right to that work for a certain time period. These rights extend to factors such as its publication, distribution and adaptation, and is a form of intellectual property known as copyright.

Depending on the territory as well as the nature of the work, the time period may last between 50 and a 100 years from the author’s death, after which time the work is said to enter the public domain.

Any piece of work, whether an idea or information-based, qualify for copyright protection, given that it is in an expressible form, substantive and in a fixed medium. Some jurisdictions require formal registration.

South Africa, however, are one of the countries that have accepted the Berne Convention that states that the copyright for a creative work does not have to be asserted or declared, as they are automatically in force at creation.

Smit & Van Wyk, Inc. are leaders in the field of intellectual property and can assist you with any queries you might have.

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



Copyrights

January 4, 2010
Copyright ©

Copyright

It seems that daily we discover new ways of ‘publishing’ ourselves. Long gone are then days when published books and the stage were the only places to express ideas and stories.

But with such an expansion of media opportunities and greater accessibility, copyrights are certainly also more exposed to infringement, even if it is unintentional.

So how do you know what is protected by copyrights?

In most countries, it isn’t necessary to formally go register a piece of work to enjoy copyright protection. Any original work made by a qualified person is eligible for this protection.

This means that all pieces of work created through the application of the author’s own creativity and labour are protected by copyrights.

If you suspect the integrity of your work is being compromised, you can consult a legal representative at Smit & Van Wyk Incorporated.

We are leaders in all legal matters concerning intellectual property in South Africa, including issues revolving around various types of copyrights.

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



Copyright Registrations

January 4, 2010
Attorneys, Copyright ©

Copyright

Unlike the formal application proceedings of other forms of intellectual property that involves patents and trademarks, copyright registrations aren’t necessary.

Instead, the right to use the work lies with the author, who is defined by the South African Copyright Act as follows:

  • Literary, musical or artistic works – the person who first creates the work
  • Photographs – the person responsible for the composition of the photograph
  • Sound recordings – the person who made arrangements for the making of the recording
  • Films – the person who made arrangements for the making of the film
  • Broadcasts – the first broadcaster
  • Published editions – the publisher of the edition
  • Programme-carrying signals – the first person emitting the signal to a satellite
  • Computer programmes – the person who exercised control over the making of the programme

There are, however, exceptions to these rules. While you won’t need to go through the process of copyright registrations, you can contact Smit & Van Wyk Incorporated for any intellectual property assistance.

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