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.
International Attorneys
August 31, 2011
Intellectual Property Information
Intellectual Property Registrations
When having to apply for intellectual property rights in another country, you will have to make use of international attorneys specializing in intellectual property law such as trademarks, design rights, copyright, and patents.
The national laws of countries vary when it comes to copyright protection, trademarks, designs, and patents.
It is essential that you understand the procedures for filing an intellectual property right in the specific country and follow the procedures carefully.
This is where the expertise of international attorneys comes in. The international intellectual property attorneys are familiar with the various laws governing intellectual property as well as the various international treaties in place.
As such you will save effort, money, many frustrations and minimize the risk of application failure when making use of international attorney firms to assist with intellectual property registration.
One of the mistakes often made by trademark holders is to assume that their trademarks are valid in other countries.
International Trademark Registrations
Trademarks are geographically bound to specific regions and can only provide protection against infringement if registered in specific classes.
If you thus want your trademark to be valid in for instance, Botswana, you must first register it in South Africa and apply for registration in Botswana according to the national laws of the country.
The registration must also be done in all the classes in which you seek trademark protection.
International trademark attorneys can assist in this regard and will guide you regarding documents required, information that must be submitted, any translations which may be needed, trademark searches, and the actual application completion.
It is not only regarding trademarks where you will require the assistance of experienced international attorneys specialising in intellectual property laws, but also regarding patents and any of the other intellectual property rights.
Contact us at Smit & Van Wyk as international attorneys to assist you with any related intellectual property registrations and disputes in foreign countries.
Copyright in South Africa
August 29, 2011
Copyright ©, Intellectual Property Information
Copyright Law in South Africa
Copyright in South Africa are government by the Copyright Act of 1978 and its amendments.
CIPRO and DTI oversee copyright in the country. As a member of the Berne Convention and TRIPS Agreement, copyright works protected in South Africa are also protected in other member states of the above.
Automatic Assignment of Rights
One doesn’t have to register copyright on a work for it to be protected. It is automatically assigned the moment an original creative work takes a tangible form.
Copyright apply to works that have some form of creativity embedded. As such a mere list of facts or data cannot be copyright protected. A grocery list for instance, is not a creative act and thus cannot be protected.
Works Protected
Copyright apply to computer programs, literary works, broadcasts, cinematographic films, artistic expressions such as music, photography, painting, drawing, and sculpting related works, and architectural works, as well as published editions and sound recordings.
With cinematograph films registration is required as such are complex works embedding several other creative works.
Usage Rights
Infringement of copyright can take place when a party copies, uses, sells, rents out, imports or disposes, stores and makes available copyright protected works in a manner not authorised by the copyright holder.
One can get usage and selling rights on a work through a license agreement. It is important to note that such rights can range from master reseller to mere usage rights. Royalties are paid to the copyright holder for such usage.
Copyright normally have lifespans of 50 years from a specific date and differ according to the work in question. In terms of for instance, a literary work, the duration is 50 years after the death of the original author.
One must also note that although a person can be the creator of the work, copyright can be assigned to another.
Contact us for legal guidance regarding copyright protection in South Africa and abroad.
How to Register a Trademark in South Africa?
July 1, 2011
Intellectual Property Information, Trade Marks ™ ®
What is a Trademark?
A trademark is a unique mark which distinguishes your goods or services from other. Trademarks are registerable in terms of the South African Trademarks Act No 194 and is subject to certain requirements.
Why should I register a trademark?
If you are in the process of building a reputation for your brand competitors may try to imitate your product. To ensure that the public does not confuse your goods or services with those of your competitors, registering a trademark is a cost-effective way of protecting your brand and reputation.
Duration of Trademark protection:
Once a trademark is registered in South Africa, it needs to be renewed every 10 years to stay in force.
What to do?
Trademark attorneys would require you to provide them with a copy of your intended trademark (name or slogan, or logo). Trademark attorneys would also require details of all products or services that you intend applying the trademark to. Trademarks are registered at the South African Trademarks Office and a separate foreign trademark registrations should only be obtained if you wish to market your product in foreign countries as well.
How do I know if someone else has registered the same trademark?
In order to be considered registerable, your trademark must be capable of distinguishing your goods or services from those of your competitors. Trademark attorneys can conduct searches through the records at the South African Trademarks Office.
Company names and trademarks
A company name registration is independent of a trademark registration. By registering and enforcing a registered trademark, competitors may be prohibited from using your registered trademark.
Estimate Cost for a Trademark Search:
Logo R2850.00 per mark
Word mark R2508.00 per mark
Estimate Cost for a Trademark Application:
First application R2813.00
Second onwards application R2585.00 per application
Click here to REGISTER A TRADEMARK
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
Eligible Patents In South Africa and Abroad
June 8, 2011
Patents
Eligible patents are the inventions which qualify for patentability according to the patent office and acts of the specific country or the specific patent cooperation treaty for a region or group of member states.
Some inventions cannot qualify as eligible patents including for instance, scientific methods and mathematical formulas. In South Africa computer programs cannot be eligible patents, but are protected under copyright.
The European Patent Convention provides a list of inventions which cannot become eligible patents including that of works of aesthetic creations, information presentations, rules for performing mental acts, rules for playing games, computer programs, discoveries, and scientific theories as well as mathematical formulas.
It is important to note that the subject matter for eligible patents differs from country to country and treaty to treaty. As such it is important to get legal guidance regarding what is seen as an eligible patent in a specific country.
Smit & Van Wyk can assist in this matter. We have an extensive team of experienced patent attorneys and support staff to provide legal guidance to inventors who wish to register their inventions as patents in South Africa and abroad.
In South Africa an invention must be novel, not obvious to someone skilled in the particular trade, useful in industry or agriculture and original. It must involve an inventive step. In the USA an invention must meet the requirements of process, and manufacture, composition of matter or machine to be considered as an eligible patent.
The USPTO is an examining office whereas in South Africa the patent office is a non-examining office. This simply means that the responsibility lies with the patent attorney or the applicant to ensure that the invention meets the requirements for an eligible patent. As such the patent attorney conducts a complete patent search to ensure that the invention is indeed novel.
The attorney furthermore assesses the invention for originality and inventiveness. In addition the attorney ensures that the application is completed correctly and that all claims made are done correctly in addition to assisting the client in the drawings and specifications settings.
Contact us at Smit & Van Wyk for legal guidance regarding eligible patents.
Patent Links
- Gadget Invention Patent Application – Even before you take the gadget invention to another party for review and assistance, file the all important provisional patent application.
- How to Patent Inventions – To protect your rights as an inventor you need to file patent applications for your inventions in each country, where protection is sought.
- Protect your Invention – For public disclosure and protection of an invention, the inventor needs to apply for a patent.
- Patent Application – Contact Request
