Intellectual Property Law | Legal Principles
September 28, 2009
Attorneys
Although many of the legal principles governing intellectual property have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used.
Intellectual property law confers a bundle of exclusive rights over creations of the mind, both artistic and commercial, to individuals or entities.
These rights can be either copyright when dealing with creative works, or may be “industrial properties” when they are typically created and used for industrial or commercial purposes.
The latter include patents, trademarks and designs, and in certain countries trade secrets.
If you have any queries regarding any aspect of Intellectual property law please contact one of our lawyers.
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Intellectual Property Lawyer | Infringment Rights
September 28, 2009
Attorneys
There are certain times when you may be called upon to consult the services of an intellectual property lawyer. These lawyers are experts in the legislation surrounding intellectual property, that is to say copyright, trademarks, patents and designs. In South Africa, as in most other countries, there are certain law firms such as ourselves who specialize in the field of intellectual property. Intellectual property law confers certain rights to individuals or entities regarding their intellectual property. These exclusive rights that are granted by intellectual property laws are generally negative in nature, and therefore only grant the holder of Intellectual Property Rights the ability to prevent third parties from infringing on their monopoly.
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Intellectual Property Attorney | Acts of Parliament
September 28, 2009
Attorneys
An intellectual property attorney is an attorney who specializes in the legislation regarding intellectual property. This attorney is familiar with the four Acts of Parliament that have been written to protect your ideas, and these are the Patent Act, The Trademarks Act, The Designs Act and the Copyright Act. An intellectual property attorney has written and passed the examinations set by the South African Institute of Intellectual Property Law. He or she is bound by a code of ethics that is administered by the Council of the Institute and is a member of that Institute. An intellectual property attorney can assist you with all queries relating to your intellectual property.
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Trademark Lawyer | Intellectual Property Law
September 28, 2009
Attorneys
In order to be able to call himself a trademark lawyer in South Africa, an attorney must pass examinations set by the South African Institute of Intellectual Property Law. Unlike a patent attorney, a trademark lawyer does not need to have a separate qualification in science or engineering. He does, however, have to comply with and observe the professional ethics and standards laid down by the Institute in order to maintain formal registration as a trademark lawyer. The necessity of this qualification is common in most Commonwealth countries but not so in the United States, where any attorney may prosecute trademark applications and legislation.
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Patent Attorney | Intellectual Property Law
September 28, 2009
Attorneys
If you are an inventor you can make the initial application for a patent yourself, however, it is always a sensible idea to make use of a patent attorney to do the job on your behalf.
This is because of the complex nature and requirements of the Patents Act. A patent attorney is able to give you sound advice about your invention and whether it can be patented.
A patent attorney is bound by a code of ethics that is administered by the Institute of Intellectual Property Law in Johannesburg.
In addition to their Law Degree and the Institute examinations, a patent attorney in South Africa must also possess either an engineering or a science degree to enable him or her to understand and interpret the technical drawings and description that usually accompany an application for a patent.
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