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.