Attorneys

September 8, 2011
Attorneys

Intellectual Property Attorneys

Attorneys specializing in areas of intellectual property rights can assist a company in several ways.

Intellectual properties have value and as such the registration thereof should be done with the assistance of attorneys well versed in the various intellectual property laws.

Trade Marks

One example is that of trademark registration. Although one can easily register a trademark without the assistance of corporate attorneys, the complexity of the application can lead to a trademark not fully protected, one that infringes on the rights of another and thus also infringement lawsuits.

Before the trademark is registered it is essential to conduct a thorough company name and trademark search with which the corporate attorney can assist.

The next step is to select the best possible categories in which to register such and to decide on the strength of the trademark. The intellectual property  attorneys can assist in all of the above instances.

License Agreements

Another example of how intellectual property attorneys can assist is in the setting up of license agreements with other parties. If the company creates software it is essential to have the terms and conditions of usage and thus user agreements in place.

With many types of software licenses available one must carefully consider the future usage of the software.

The attorney specializing in copyright can assist in drafting proper terms & conditions and license agreements.

Inventions & Patents

When it comes to patent rights and the registration thereof, one can file a provisional patent without the assistance of intellectual property attorneys, but must file the permanent patent application with the help of corporate patent attorneys.

In essence, almost every transaction and business correspondence is governed by some form of intellectual property law.

Get legal advice and assistance from experienced intellectual property attorneys.

Contact us for assistance today.



Intellectual Property Law Firm

September 7, 2011
Attorneys, Franchises, Intellectual Property Information

Intellectual Property Law Firm

Smit & Van Wyk, Inc. is an intellectual property law firm located in Pretoria that specialises in the following areas:

  1. Registered Designs
  2. Copyright
  3. Franchising
  4. Patents
  5. Trade Marks

The team of lawyers at our law firm has many years of experience in the above areas and also assists foreign agents with the registration of patents, trademarks and registered designs.

Smit & Van Wyk, Inc. lawyers are qualified in scientific, technology, engineering and law.

This ensures that our law firm can help with the assessment of patents for patentability, novelty, and non-obviousness to a person skilled in the trade.

Services offered by Smit & Van Wyk:

  1. Assistance in registration of trademarks as domain names.
  2. Renewal of patents, trademarks and designs.
  3. Restoration of trademarks, patents, and designs.
  4. Assessment of intellectual property ownership.
  5. Franchise Agreements
  6. Legal advice and guidance.
  7. Litigation assistance.
  8. Dispute resolution.
  9. Patent, trademark and design registrations.
  10. Infringement prosecution.
  11. License agreement setup for patents, trademarks, copyright and designs.
  12. Assignment of intellectual property rights.
  13. Trademark, patent and design searches.
  14. Assisting foreign applicants in registering intellectual property in South Africa.
  15. Setting up of publishing and related copyright documentation.

The Smit & Van Wyk law firm offers client’s expert legal advice and assistance in registering patents in the bioengineering, nano-technology, and biotechnology fields.

Whether you require help in determining the strength of your trademark, assistance against an objection to the registration of a patent, copyright infringement litigation assistance or general legal advice regarding intellectual property.

View our range of specialties and contact the team of lawyers at our intellectual property law firm to assist you today.



What is Intellectual Property?

September 1, 2011
Attorneys, Intellectual Property News, Inventions

What is Intellectual Property?

Intellectual property refers to creations of the mind for which one can gain registered rights allowing one to have a monopoly over the making, copying, usage, distribution and commercial exploitation of such.

Intellectual property deals with complex products such as films, music, published books, computer software, inventions, designs, and trademarks.

In many instances the same item can have several parts for which different intellectual property rights can be registered. We at Smit & Van Wyk Intellectual Property Attorneys are experienced in dealing with such complex products.

Whether you need assistance in registering a biotechnology or bio-engineering related patent, want a trademark registered on an item that is also registered for design rights or want help in securing a license agreement for a software program, you can rely on our professional assistance.

Intellectual property is the umbrella term for patent, trademark, copyright and design rights. Each of the mentioned covers a specific area of intellectual property.

It is, however, not uncommon to find more complex products for which all of the mentioned intellectual properties can be registered. The wording and trademark are automatically copyright protected.

Registered Designs

The design can also be copyright protected while the invention part will be protected under the Patent laws of the country.

It becomes clear that guidance may be needed as to which intellectual property right or rights to register on complex products and to understand which ones are automatically assigned.

In addition, the ownership of the rights may also cause confusion and duration of the rights. It is possible for some of the intellectual property rights to have longer duration than others.

While the design rights on an item may have lapsed the invention rights may still be in place whilst the copyright will most certainly be.

Contact us at Smit & Van Wyk for professional legal guidance regarding intellectual properties on more complex products.



Intellectual Property Law Firm

August 25, 2011
Attorneys, Intellectual Property Information

Intellectual Property Law Firm

Smit & Van Wyk, Inc. is an intellectual property law firm located in Pretoria, South Africa. We are one of the most experienced law firms in the areas of biotech, engineering, and nano-technology.

Our team of intellectual property attorneys are qualified in law and scientific, engineering or technology related fields. As an intellectual property law firm we can thus assist in the assessment of the patentability of an invention.

South Africa has a non-investigating patent office. Although a formal examination is done ensuring that the application is correct, the law firm handling the patent application must assess whether the invention meets the criteria of novelty, non-obviousness to a person skilled in the trade, inventiveness, usefulness to agriculture or industry and the claims made regarding the invention.

As such our law firm is perfect since our lawyers are also skilled in various scientific and technological fields.

In addition to patents, the Smit & Van Wyk Law Firm also specialises in copyright, design, and trademarks.

We can provide a wide range of services including:

  1. Assisting foreign applicants and agents in registering intellectual property in South Africa.
  2. Trademark, design, and patent searches through databases, the official registers, and journals.
  3. Filing and prosecution of trademark, design, and patent rights.
  4. Registration of copyright on cinematograph films.
  5. Determining copyright ownership.
  6. Handling of disputes about intellectual property ownership.
  7. Setting up and reviewing intellectual property license agreements.
  8. Assisting with assignment of copyright, design, trademark and patent rights.
  9. Renewal and restoration of intellectual property rights.
  10. Negotiating terms and conditions of usage.
  11. Drafting terms and conditions documentation.
  12. Assessment of patentability.
  13. Help in the selection of trademarks for maximum protection.
  14. Help with specifications and claims.
  15. Assistance in objections regarding trademarks and patents.

The above are only a few of the expert services that clients can expect from Smit & Van Wyk as a reputable intellectual property law firm in South Africa.

View our range of expert law firm services and contact us for professional legal guidance and assistance.



World’s most Registered Trademarks – China

June 22, 2011
Intellectual Property Information

Registered Trademarks - China

Image source: www.picturesofchina.net

An intellectual property rights official stated that China has the world’s most registered trademarks. Tian Lipu, director of the State Intellectual Property Office, said at the State Council Information Office that China received over a million new trademark applications in 2010.

Tian also said that in 2010, the country submitted 12,337 patent applications abroad Patent Cooperation Treaty. These applicants were the fourth largest group in the world to do so last ear. IPR authorities in China handled 1,077 patent dispute cases and solved 728 counterfeit cases last year.

China has been implementing a special crackdown on intellectual property rights violations since October 2010, with a focus on copyrighted and counterfeited trademarks and products, the most common targets of PR criminals, Tian said.