The second step is to file a complete patent application within 12 months of...
Welcome to the Smit & Van Wyk blog, where you’ll find a wealth of expert insights and practical information on trademarks, patents, and copyright. Whether you’re an entrepreneur, inventor, or creative professional, our articles are here to help you navigate the world of intellectual property with clarity and confidence.
Provisional Patent Application
The first step is to file a South African provisional patent application for...
How IP is shaping Agriculture
If we want to look at how IP is shaping agriculture, we first need to...
Domain Names
In simple terms, a domain name is the address through which internet users can...
South Africa
The Smit & Van Wyk team of experienced intellectual...
Franchise Agreement Assessment
No franchise agreement is the same. How a franchise agreement is setup depends...
Franchise Agreement Setup
How a franchise agreement is setup depends on the type of franchise being...
Franchise Ideas
Buying a franchise is an alternative option for entrepreneurs who don’t want...
Franchise Contracts
If you are a business owner and you want to start a franchise, or...
Insolvent or struggling franchisees
Article by Esmari Jonker, Attorney – Head of Franchising, Smit &...
Buying a Franchise
Legal representation when buying a Franchise Rather than starting your own...
Starting a Franchise
Legal representation when Starting a Franchise A business that has set out its...
Trademark Exclusions
Trademarks that may NOT be registered: Trademark exclusions in South Africa...
South Africa Trademark Requirements
Examples of Trademarks: Name,...
Science Patents in South Africa
Research and Development Research and development in the life sciences can be...
Software Patents
Traditional protection of software / computer programs Historically, software...
Patent Search
It is very important for applicants to do a patent search for...
South Africa Patent Requirements
Novelty Although novelty can never be determined conclusively, an indication...
South Africa Patent Exclusions
Inventions which cannot be Patented in South Africa Exclusions as inventions...
Patent Costs
Novelty Search (R 5 000 – R 10 000) A novelty search is conducted prior...
International Patents
It is important to note that patents are territorial rights – a patent granted...
South Africa Biotech Patents
Research and Development Research and development in the life sciences is...
Trademark Search
Search for possible similar Trademarks It is always advisable to do...
Copyright Infringement in South Africa
What constitutes copyright infringement?Making photocopies for private use is...
South Africa Franchising
Franchising means the licensing of a franchisor’s business model to a...
South Africa Plant Breeders’ Rights
Plant breeders have intellectual property rights for new plant varieties....
South Africa Copyright
Copyright does NOT have to be registered in South Africa. Copyright in South...
South Africa Designs
A South African registered design protects the appearance of an article,...
South Africa Patents
In simple terms, South African patents may be granted for inventions...
South Africa Trademarks
A trademark is a mark which distinguishes your goods or services from goods or...
Trademark Office in South Africa
The trademark office in South Africa is officially known as...
Recent Increase in Trade Mark Filings in South Africa
According to the World Intellectual Property Organisation (WIPO), South Africa...
2021 Client Choice Awards
Congratulations to Esmari Jonker on being named a 2021 Client Choice Award...
Patentability of Cannabis Varieties
Cannabis breeding involves the direct manipulation of cannabis species to...
Trademark Shapes
In order to trademark shapes your mark needs to consist of a three-dimensional...
File Patent & Design Applications
Patent & design applications are not mutually exclusive, and there are...
South African Registered Designs
South African registered designs may be filed for the appearance of an...
South African Design
A South African Design may be protected in terms of the The South African...
Lockdown Notification on Plant Breeders’ Rights
Delivery of application forms and seed This serves to notify all clients of...
First to Use
This means that the first person / entity that actually made use of the mark...
First to File
This means that the first person or entity that applies for a trade mark, will...
Trademark Registration in Malaysia
Malaysia’s intellectual property laws generally conform with...
Franchising Legal Advice
Specialist legal advice on franchising and franchise contracts...
Trademark Registration in the U.S
Trade mark rights in the United States are established through use, thus the...
Trademark Registration in India
Trademark Registration in India often feature in the news for the slow...
Trademarking
As an entrepreneur or business owner, trademarking your name and/or logo is...
How to Patent an Idea
Step-by-step guide on how to patent an idea. Qualified patent...
Trade Mark Registrations and Information
Trade Mark registrations provides wide-ranging protection against infringement...
Design Rights: Functionality and Scope of Protection
Wessel van Wyk and Kimberley Rose Smith contributed to the Design Rights:...
International Comparative Legal Guide to Franchise
Smit & Van Wyk contributed to the International Comparative Legal Guide...
Trademark Registration in China
China is a first to file country and whomever first files...
Franchise Operations Manual
What Is a Franchise operations manual? A franchise operations manual is the...
Trademark Colors
How to Trademark Colors in South Africa Is it possible to trademark colors?...
How to Patent Mobile Apps
Traditional Protection of Mobile Apps The source code, on-screen layout and...
Beskerm jou Idees: Patent Registrasie
Beskerm jou idees en uitvindings deur middel van ‘n patent registrasie....
The Peppadew Success Story
The Peppadew story started when Johan Steenkamp first discovered the sweet red...
Franchising
Franchising: When the franchisor grants licensing rights to a...
Logo Trademark Registration
A logo may be registered as a trademark to prevent competitors from using it...
How to File a Trademark
A registered trademark represents the mark...
Trademark Registration in South Africa
A trademark registration in South Africa is filed with the Companies and...