Copyright Violations cost the Recording Industry
June 10, 2009
Brand Names, Copyright ©, Intellectual Property News
Copyright violations in the form of piracy cost the recording industry of SA more than R500 million a year.
This is according to the chief executive of a copyright agency – James Lennox. When looking at the staggering losses because of piracy it is no wonder that the recording industry is up in arms about copyright violations.
The penalty for copyright violations in terms of piracy is R5000 per item.
Still it doesn’t seem to make a dent in the amount of piracy that takes place. Street vendors sell pirated movies for next to nothing while the cost for the law abiding citizen can be around R150-R300 to purchase the movie, whilst DVD shops have to pay from R300 to R600 for the movie.
If you suspect copyright violations in terms of movie piracy take a stand and contact the police and help protect the work of artists.
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Trademark Infringement in China – Register your Trademark there
June 10, 2009
Trade Marks ™ ®
Simple as it may seem, but there are numerous court cases every year about trademark infringement in China.
The disputes normally arise because the Chinese High Court ruled that for trademark infringement to take place of a trademark registered outside China, that the trademark must be well known in China.
This means that the consumer public must recognize the trademark and associate it with a certain brand.
It doesn’t help if a company’s trademark is well known in South Africa, USA or Europe.
It must be well known in China. Come to think of it – it will be a long and difficult court case if you want to proof that the Chinese public is well acquainted with your trademark.
The best remedy to prevent trademark infringement in China is to simply register yours there.
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
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Music Piracy
May 26, 2009
Attorneys, Copyright ©, Intellectual Property News
Music piracy is now more prevalent than ever and with the ease of downloading MP3 and other file formats from pirate websites, millions of consumers are becoming involved and thus guilty of music piracy.
It is killing the music industry as artists do not get their royalties due even though their music is listened to by thousands.
A music store in Australia was recently investigated by police and the owner has been found guilty of 15 copyright offences including the sale of pirated works.
Australia has taken a harsh stand on music piracy and copyright infringement with penalties of up to five years imprisonment and $60 000 fines for individuals.
In South Africa the problem is even worse with pirated movies and music being sold on the streets by vendors. As long as there is support the crime will continue.
If you suspect music piracy or copyright infringements of your work you should contact Intellectual Property lawyers right away.
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
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Counterfeit Products kill the economy
May 26, 2009
Intellectual Property News, Patents, Trade Marks ™ ®, Trade Secrets
It is not only South Africa that has a problem with counterfeit products.
Counterfeit products have become an international problem. E-Bay is for instance, caught up in lawsuits for allegedly not doing enough to prevent the sale of counterfeit products at their website.
The problem with counterfeit products is not only on the competitive side where money due to the rightful inventor or trademark holder thus goes to the fraud companies, but also on the consumer side.
The consumer is betrayed in the sense that he or she purchases products which are in fact fakes at the same or higher price than what should have been paid for the real deal.
In many cases the fake or counterfeit products are inferior and even dangerous especially when it comes to electrical appliances.
Consumers are requested to report counterfeit products for the protection of companies and their own safety.
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
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Trademark Registration Benefits
February 16, 2009
Intellectual Property News, Trade Marks ™ ®, Trade Secrets
Trademark registration benefits are numerous even when considering the initial process and costs.
Even when a company doesn’t use the trademark such as the logo or brand name, the mere fact that it is registered affords the company or owner the right to stop the usage or successful registration of any logo or brand name that resembles the one owned.
Even when only an illusion of resemblance is created, can the owner take steps to prevent the further usage of the trademark.
Trademark registration is thus the first important step in protecting a company brand. Without the trademark registration the owner will have a difficult time to prevent others from using the logo or brand name and will have to base their case on common law.
Another one of the trademark registration benefits not to be overlooked is that of notification to all interested parties of any rights to which the applicant may claim.
The details of such as registration are kept at the Trade Marks Office for South Africa. If someone else wants to register a similar trademark, the searches through the records at the Trade Marks Office will bring to light that such a trademark registration already exists – thus protecting the current owner against accidental similar registrations by other parties.
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
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