Intellectual Property Lawyers

Intellectual Property is the legal term given to your ideas, and your ideas can be protected in Law quite easily. This means that you can prevent other people from using your ideas without your permission. There are two kinds of Intellectual Property Lawyers in South Africa, Patent Attorneys and Trademark Attorneys. Both Patent Attorneys and Trademark Attorneys must have passed examinations in Intellectual Property Law and must have qualified for membership of the South African Institute of Intellectual Property Law, and being members, are bound by a code of ethics that is administered by the Council of the Institute.

Patent attorneys must have an engineering or science degree as well as their law degree, this being necessary for the interpretation of technical drawings and the drafting of a technical patent specification that must accompany an application for a patent. Both kinds of attorney can give you sound advice regarding the litigation of intellectual property. They can advise on carrying out searches for previous possible clashes with your idea, and also on licensing, the transfer of technology, copyright protection and the setting up of joint ventures. In addition they can advise you regarding the possible exploitation of your ideas and how to convert those ideas into valuable assets. Trademark attorneys do not have a science or engineering qualification and so do not deal with patents as a matter of course. They are still able to advise you on other aspects of intellectual property, notably that covered by the Trademarks Act, and the Copyright Act.

With the exception of copyright, your protection is stronger if the idea is registered with the Companies and Intellectual Property Registration Office in Pretoria. The owner of the Intellectual Property may carry out certain levels of registration, but it is highly recommended that an Intellectual Property Lawyer be retained to do the job, the wording on required documentation being extremely important.

Intellectual property falls into four separate categories, and these are patents, trademarks, designs and copyrights. Patents cover new inventions, and to qualify as an invention one must prove that the invention is novel/new, be inventive, and be usable in industry, trade or agriculture. A patent lasts for 20 years. Trademarks can be the single most valuable asset to a company and are normally logos, brand names or slogans. An example of other trademarks may be the shape of a container if it is distinctive, like the shape of the Coca Cola bottle. A trademark lasts can last forever if it is renewed every ten years. Registered Designs may be either aesthetic or functional and when registered are valid for 15 and 10 years respectively – such designs usually protect an article of manufacture which has a unique and novel shape, as judged by the eye. Under copyright laws the only works that must be registered to afford protection are films and videos. With all other types of original works, both literary, musical and artistic, it is sufficient to append the word “copyright” or © together with a name and date for the work to be protected. If you need any further information regarding intellectual property, please contact Smit & Van Wyk Inc.