If we want to look at how IP is shaping agriculture, we first need to understand what IP is, and what it stands for. Intellectual Property is a term that is used to describe the creation of...
Intellectual Property
Insights
South Africa
Domain Names
In simple terms, a domain name is the address through which internet users can access a website, for example, www.companyname.co.za or www.companyname.africa or www.companyname.com. Although these...
South Africa
The Smit & Van Wyk team of experienced intellectual property attorneys are able to provide legal advice regarding your patents, trade marks and copyright. We are a specialist...
Franchise Agreement Assessment
No franchise agreement is the same. How a franchise agreement is setup depends on the type of franchise being bought and sold. There will definitely be provisions in the franchise agreement that...
Franchise Agreement Setup
How a franchise agreement is setup depends on the type of franchise being bought and sold. No franchise agreement will be the same. There will definitely be provisions in the franchise agreement...
Franchise Ideas
Buying a franchise is an alternative option for entrepreneurs who don’t want the risks of starting a new business. Franchising is a public business format and people recognize a franchise business...
Franchise Contracts
If you are a business owner and you want to start a franchise, or buy a franchise, you will need a franchise attorney to setup a franchise contract that is lawful within the scope of statutory and...
Insolvent or struggling franchisees
Article by Esmari Jonker, Attorney – Head of Franchising, Smit & Van Wyk Published in FASA (Franchise Association Manual) Franchise Manual 2019. A franchise system is based on a...
Buying a Franchise
Legal representation when buying a Franchise Rather than starting your own business, you can purchase an established successful business franchise. Buying a franchise has it’s advantages and...
Starting a Franchise
Legal representation when Starting a Franchise A business that has set out its systems and procedures, and is trading profitably, may choose to start a franchise. Successful franchising is difficult...
South Africa Trademark Exclusions
Trademarks that may NOT be registered: Trademark exclusions in South Africa include: Emblems fall under the protection of the Merchandise Marks Act. The following are regarded as state emblems: Seal...
South Africa Trademark Requirements
Examples of Trademarks: Name, Slogan, Logo, Shapes, Three-dimensional Marks, Colors, Holograms, Motions / Multimedia, Positions, Gestures, Olfactory (smells /...
International Trademark Protection
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...
South Africa Science Patents
Plant and Animal Sciences Patents According to the patent laws of several countries, one cannot obtain biotechnological patent protection for plant or animal varieties, or essentially biological...
South Africa Software Patents
Traditional protection of software / computer programs Historically, software has been protected primarily through the provisions in the South African Copyright Act. Examples of subject matter for...
South Africa Patent Search
It is very important for applicants to do a patent search for similar inventions before applying for protection. A patent search will indicate whether your idea or inventions has...
South Africa Patent Requirements
Novelty Although novelty can never be determined conclusively, an indication of the novelty of your invention may be found by conducting patent and literature searches. South Africa has a so-called...
South Africa Patent Exclusions
Inventions which cannot be Patented in South Africa Exclusions as inventions in terms of the South African Patents Act:Anything which consists of a discovery; a scientific theory; a mathematical...
South Africa Patent Costs
Novelty Search (R 5 000 – R 10 000) A novelty search is conducted prior to filing a Provisional Patent Application to identify potentially novel and/or inventive aspects of an invention in light of...
International Patents
It is important to note that patents are territorial rights – a patent granted in South Africa can be enforced in South Africa only. However, you may, within 12 months of filing your South African...
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.
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
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
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
“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...
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...
Granting of a compulsory license for pharmaceuticals
In the event that an interested person discovers, through what ever means, a patented product that is still in force, and that person wishes to make use of that patent in South Africa, the person...
Legalisation of Private Use of Cannabis in South Africa
In September 2018, a landmark decision by the Constitutional Court in South Africa legalised certain acts in relation to cannabis. In particular, the court ruled that the private cultivation,...
Recent Increase in Trade Mark Filings in South Africa
According to the World Intellectual Property Organisation (WIPO), South Africa is currently grouped under middle-income countries, amongst other African countries such as Egypt and Algeria. In...
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
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...