Works excluded under South Africa Copyright Laws
April 7, 2010
Copyright ©
The protection provided under South Africa copyright laws doesn’t extend to ideas.
To be eligible for protection under South Africa copyright laws the ideas must be expressed in material form. If someone has a great idea and shares that idea with another person who then goes on to publishing it in a written format, the person who’s idea it is, will not have the copyright to the work.
Material or tangible format extends to cover broadcasted, photographed, painted, drawn or composed formats as well. It is however, not possible to get copyright protection for names or titles as trademark protection applies rather than copyright protection.
Public knowledge and common property cannot be protected under the South Africa copyright laws.
Examples of common property are telephone directories or voter lists.
South Africa Trademark Laws
March 19, 2010
Intellectual Property Information
Do the South Africa trademark laws extend to domain names on the Internet?
The Internet has opened a whole new minefield for copyright and trademark infringements. The South Africa trademark laws can also be applied to domain names on the Internet, provided that the domain name is a registered trademark. It is not that simple to get a domain name registered as a trademark, but it is possible.
You may very well find that your domain infringes on the trademark rights of another domain name owner.
If a company such as a soft drink beverage maker has a specific brand associated with its drinks the company may wish to also register their domain as a trademark to prevent any possibilities of another company using a similar name to confuse users.
With no regulatory body to enforce the South Africa trademark laws on domain names, many such infringements can take place.
If you need help to register your domain name as a trademark, contact our office to ensure that you succeed within the boundaries of South Africa trademark laws.
South Africa Trademark Attorneys
March 19, 2010
Trade Marks ™ ®
Help from South Africa trademark attorneys on the various symbols
You may have seen the TM lettering behind a word written in superscript directly after the slogan, logo or product name.
If you apply for trademark rights on a brand, through South Africa trademark attorneys, you will be advised not to use the TM lettering unless the trademark has been awarded. If the trademark has not yet been awarded through means of registration the South Africa trademark attorneys will recommend the usage of R in superscript, within a circle.
This symbol is often seen on the Internet where the company will also issue a statement regarding allowable use of their product names and for referencing their product brands.
If you need help in registering a trademark, make use of the experienced team of South Africa trademark attorneys at Smit & Van Wyk.
South Africa Patent Laws
February 18, 2010
Intellectual Property News, Patents
South Africa Patent Laws favour the usage of attorneys Even though it is possible to file a patent application directly without the usage of a patent lawyer or attorney, it cannot be recommended. The reason is simple. The South Africa patent laws favour the usage of an attorney.
The South African Patent Office is a non-investigating office. This means that you can complete the application, file it and even receive the patent right upon payment of the required fees without the invention complying with all the requirements. It is not a loophole in the system.
It simply means that the responsibility lies with the applicant to ensure that the invention is indeed patentable and that the application will be done correctly.
The snag comes in when another applicant or company questions the patentability of the invention down the line or argues that the idea was not original at all. Lawsuits may follow and all the money already spent in the commercial development of the patent may be lost forever.
You will need the help of a patent lawyer who knows the South Africa patent laws and will conduct the novelty searches and apply in the correct manner right from the word go.
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
Patent Applications
November 26, 2009
Patents
While it is important to register your new inventions in order to protect your intellectual property, there are a few basic requirements that an invention need to adhere to according to South African law before you can initiate patent applications.
All patent applications need to be:
- New: South Africa has a so-called “absolute” novelty requirement, which implies that any disclosure anywhere in the world before the filing date of a South African patent application will destroy the novelty of your invention, thereby forfeiting your patent rights.
- Inventive: Even if your invention is new, there may be other similar inventions that have been disclosed to the public in patent specifications or other literature. It needs to be determined whether your invention is considered obvious or not.
- Useful: Abstract inventions with no application in trade, industry or agriculture cannot be the subject of a patent in terms of South African patent law.
Contact Smit & Van Wyk Incorporated for any queries regarding patent applications. We have the knowledge and experience to guide you through the process quickly and efficiently.
