In today's fiercely competitive business landscape, establishing a unique brand identity has become paramount for companies across industries. One powerful tool that can help safeguard and distinguish your brand is by the power of trademarks. A trademark is a valuable asset that can provide legal...
If you have an idea that you believe could revolutionize an industry or address a pressing problem, it is essential to comprehend why you should patent your idea. Obtaining a patent offers numerous benefits and is a crucial step in protecting your intellectual property. By securing your idea, you...
The Anti-Counterfeit (Recordation) Regulations and the Anti-Counterfeit (Amendment) Regulations, 2021 The Cabinet Secretary for Industrialization, Trade and Enterprise Development of Kenya published the Anti-Counterfeit (Recordation) Regulations in July of 2021. The Regulations provide for the...
Failure to have a thorough understanding of renewal fee deadlines can have dire consequences for patentees and design owners. If a renewal fee is not paid within the 6 month grace period after the renewal fee deadline, the patent or design will lapse with a concomitant loss of rights to the...
Cricket South Africa recently announced a new apparel and merchandise sponsorship deal with Castore, a company based in Manchester, England. With the announcement, came the unveiling of a new kit to be worn by the Proteas men’s team at the ICC T20 Cricket World Cup in the UAE. This new kit, cut...
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 by common law and various statutory law enactments. South Africa is a first to use country and...
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 application will generally be accepted within nine to twelve months from the filing date of the...
Franchise Contracts and Licence Agreements How a franchise agreement is setup depends on the type of franchise being bought and sold. Many countries have specific laws on franchising and what is allowed in the franchise agreement. There will definitely be provisions in the franchise agreement that...
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 Attorney of the High Court of South Africa with more than 16 years experience with...
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 edition is published annually. Use of the Nice Classification is mandatory for the national registration...
Your mark should be registered in the countries in which you offer your products or services under that mark. You should also consider filing in countries where you intend to use the mark in the future, but some countries do have use requirements. There is no such thing as a “worldwide”...
Intangible assets, such as intellectual property (IP) rights are only as strong as the means to enforce them. In a jurisdiction like South Africa where court process, especially opposed proceedings, can be tediously slow, arbitration makes for a feasible and cost-effective dispute resolution...
With a rapidly growing and evolving market in Africa, foreign Intellectual Property (IP) owners are extending their Intellectual Property in Africa and commencing business operations here. Companies not interested in operating in Africa at this stage, should consider obtaining...
When considering filing a patent application in a foreign jurisdiction, generally the first consideration for clients is whether or not the subject matter of the “invention” is eligible for patent protection in a particular jurisdiction. Thereafter, it is prudent to establish if the country...
What is the Southern African Development Community (SADC)? The Southern African Development Community or SADC (pronounced “Sadec”) is an inter-governmental organisation in Southern Africa which aims to encourage socio-economic cooperation between its 16 member states....
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 often regarded as a challenge to Asian companies seeking market entry in Africa. International...
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 for small businesses and large corporations alike. The countries of Nigeria, Egypt and South...
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, provided an Afrocentric business development plan is in place. The cost of goods is often an...
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 Road”, the BRI was launched in 2013 by President Xi Jinping and presents vast opportunities for...
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 companies are now important innovators who generate valuable intellectual property which can be...