There are four Acts of Parliament in South Africa that govern the country’s Intellectual Property Laws. Generally, the most widely applied law is that of Copyright, for in most cases it is not necessary to register copyright in your artistic, literary, or musical work – it vests in the author as a matter of right.
The law of copyright covers all literary, musical and artistic works, cinematograph films and sound recordings, broadcasts, published editions and computer programs. It is not possible to register any of these in South Africa (although literary works may be registered in the USA). In South Africa, it is, however, possible to obtain registration for a cinematographic film and videos. Copyright is the exclusive right given to the author of such works for a number of years.
The copyright on a written work lasts for 50 years after the author has died. That on a film or television broadcast lasts for fifty years after it was first made or shown. The copyright on a computer program remains valid for 50 years after the program was made public.
South African Patent Law protects the patent holder for twenty years from the first registration of the patent, providing that the patent is renewed annually.
The patent law prevents others from making, using, exercising, or disposing of the invention in question. In terms of the South African Patents Act there is nothing to prevent an individual from registering their own provisional patent application, however, it is advisable to have a patent attorney attend to this matter in view of the legal aspects of the application.
The Patent Office cannot accept any responsibility for the loss of rights arising if the invention becomes public and is copied and the provisional specifications have not been properly drafted.
The Trademarks Act can only protect trademarks if they are first registered with CIPRO (the Companies and Intellectual Property Registration Office) in Pretoria, South Africa. Unregistered trade marks may still be defended in terms of common law, but the registration procedure results in a registration certificate being issued, which has legal status, allowing the owner of the registered Trade Mark the exclusive right to use that mark.
Trademarks can be a brand name, a slogan, a logo or even a shape (as in the Coca Cola bottle). A registered trademark can be protected for ever provided it is renewed every ten years.
A design essentially refers to the shape and other features of an article that appeals to the eye. Under the South African Designs Act, designs that may be registered with CIPRO fall into two categories, some by their function and others by their aesthetic appeal.
An article of jewellery, for example, would be dictated by its aesthetic appeal, whereas a new tyre tread pattern would fall into the functional category. Provided that they fall within certain specifications designs may be registered, and when they are the aesthetic designs are protected for fifteen years and functional designs for ten years.
As with the case of new patents, a new design should be registered before it is shown to the general public, although there is a 6 month grace period available, subject to certain restrictions. The successful registration of a design results in a certificate being issued to the owner thereof.
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