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Intellectual Property

Insights
Smit & Van Wyk Patent, Trademark & Registered Designs

Intellectual Property Insights

Common Law Tort of Passing Off

Common Law Tort of Passing Off

A question that inevitably arises is whether unregistered trade marks are afforded protection in South Africa and if so, to what extent. South African trade mark law is hybrid legal system governed...

Patent Acceptance in South Africa

Patent Acceptance in South Africa

Patent Acceptance in South Africa – Delay vs Expedited South Africa has a non-examining patent system, which means that once the formal requirements are complied with, a South African patent...

Franchise Agreements

Franchise Agreements

Franchise Contracts and Licence Agreements Franchise agreements are the same. How a franchise agreement is setup depends on the type of franchise being bought and sold. Many countries have specific...

Franchise Agreements

Franchise Attorneys

Legal Representation for Franchisors and Franchisees Franchise attorneys act on behalf of local as well as international clients in the franchise industry. Esmari Jonker is an...

Nice Classification

Nice Classification

The Nice Classification, established by the Nice Agreement, is an international classification for the registration of marks.  A new edition is published every 5 years and a new version of each...

Intellectual Property in Africa: Opportunities for Licensing

Southern African Development Community

What is the Southern African Development Community (SADC)? The Southern African Development Community or SADC (pronounced “Sadec”) is an inter-governmental organisation in...

Challenges for Asian Companies in African Markets

Challenges for Asian Companies in African Markets

Entering the African markets can be intimidating for Asian companies, but with the right strategic partners, entry can be simplified and successful. Lack of African market data and statistics is...

Intellectual Property in Africa: Opportunities for Licensing

African Countries to Invest In

The African continent is a largely untapped market. With 54 countries and an estimated over 1.366 billion inhabitants (16.72% of the world population), Africa presents a valuable target...

Intellectual Property in Africa: Opportunities for Licensing

Business Development in Africa

Despite the innovation and growth of business development in Africa, a gap remains for foreign goods and services, technology, infrastructure and investment. This makes business in Africa lucrative,...

The Belt and Road Initiative

The Belt and Road Initiative

The Belt and Road Initiative (BRI) is a significant infrastructure project designed to expand China’s economic involvement on an international scale. Occasionally referred to as the “New Silk...

Intellectual Property in Africa: Opportunities for Licensing

Intellectual Property protection in Africa

Why it is Important for Asian Companies to Protect Intellectual Property in Africa? Asian companies are shifting from manufacturing to high-tech research and product development. Consequently, Asian...

What is Cybersquatting?

What is Cybersquatting?

Cybersquatting may sound like a strange eviction nightmare, but it is a commercial reality faced by entrepreneurs and corporations across the globe. Cybersquatting refers to the practice of...

Big Data and Data Protection in South Africa

Big Data and Data Protection in South Africa

In 1996, Bill Gates wrote an essay entitled “Content is King”, alluding to how he predicted money to be made through the Internet. As true as that is today, with the advent of big data, artificial...

Patentability of Cannabis Products in South Africa

Patentability of Cannabis Products in South Africa

We take a closer look at the patentability of cannabis products in South Africa. Cannabis products and by-products are taking the South African market by storm.  The question therefore arises as to...

Central African Republic Trade Marks

International and Regional Systems: Paris Convention PCT OAPI Member of OAPI, a regional filing system which covers Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo. A single application automatically covers all countries mentioned above. It is not possible to designate the countries of interest. For more information, please refer to OAPI.

Intellectual Property in Africa: Opportunities for Licensing

Foreign IP filings into Africa

According to estimates, Africa’s population will reach 2.4 billion by the year 2050. This will, in turn, create considerable opportunities in terms of economic growth which also creates...

Gambia to join the Banjul Protocol

Gambia to join the Banjul Protocol

On 3 May 2021, Gambia deposited its instrument of accession to the Banjul Protocol on Trade Marks. Thus, Gambia may be eligible for designation in ARIPO from 3 August 2021 - Gambia to join the...

Banjul Protocol Update 2020

Banjul Protocol Update 2020

On 15 May 2020, the Government of the Republic of Mozambique deposited its instrument of accession to the Banjul Protocol on Marks.  The instrument of accession is pursuant to a previous resolution...

Uganda Trade Mark Regulations Amendments

Uganda Trade Mark Regulations Amendments

“The Trademarks Act No.17, 2010 was recently amended by the Trademark (Amendment) Regulations No. 9 of 2021”. Uganda has recently amended its Trade Mark Regulations, bringing about several...

Intellectual Property in Africa: Opportunities for Licensing

Protecting Innovations, indirectly through AfCFTA

The African Continental Free Trade Area AfCFTA is a free trade area founded in 2018, with trade commencing as of 1 January 2021. It was created among 54 of the 55 African Union nations. One of the...

2021 Client Choice Awards

2021 Client Choice Awards

Congratulations to Esmari Jonker on being named a 2021 Client Choice Award Winner! All winners of the 2021 Lexology Client Choice Awards were announced on the 14th of October 2021 and Esmari Jonker...

CIPC File Transfer Notice

CIPC File Transfer Notice

Companies and Intellectual Property Commission (CIPC) File Transfer Notice The South African CIPC has commenced with the second stage of the large-scale file transition to a new bulk storage...