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Some of the more frequently asked questions about intellectual property law are briefly answered below.
Which categories fall within the scope of intellectual property law?
Patents, designs, trademarks, and copyright protection all fall within the scope of intellectual property law.
Can you register patents, designs, trademarks, and copyright thus under one law?
No, you need to register the above in the appropriate categories. Patents are governed by the patent laws of South Africa; trademarks by separate laws; copyright and designs within the scope of other appropriate laws.
Are intellectual property attorneys skilled in all areas of intellectual property law?
Yes, they normally are, but many specifically specialize within only one area such as trademarks, copyright, designs or patents.
Can a person apply for intellectual property rights regarding patents, trademarks or designs on their own?
Yes, you don’t have to make use of lawyers, but it is recommended. Take for example, patents. Although the application process is straightforward, the Patent Office will not investigate the validity of the patent. It is up to the applicant.
This means that you will have to conduct a novelty search, assess its usefulness to agriculture, commerce and industry, and ensure that it is not obvious to someone skilled in the trade.
This means that your application may be approved even if the patent is not valid. If someone else goes through the patent database a few years from now and discover that the patent indeed did not meet the requirements, they may challenge its validity. If they win, you may lose a lot of money, especially if you have already commercially developed and marketed the patent.
If you need assistance regarding applications, agreements, and infringement cases which fall within the scope of intellectual property law, contact the team of Smit & Van Wyk today.
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