Design protection in South Africa is awarded based on the appearance of an...
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.
Domain Name Disputes and Cybersquatting
Originally created to help users easily locate computers and people on the...
Who is the Inventor?
The term “inventor” is not explicitly defined in the South African Patents...
Publishing Agreements and Copyright Protection
As a writer, you will want to retain the benefits of owning the copyright to...
Trade Mark Domain Names in South Africa
South African trademark laws can apply to domain names, provided that the...
The Copyright process compared to other Intellectual Property
In general, any original work created by a qualified person is eligible for...
Patent Examination and Enforceable Rights in South Africa
South Africa is a non-examining country, which means that patent applications...
Patent Attorneys in South Africa
At Smit & Van Wyk, we are proud to be recognised as leading patent...
How to register your Trade Mark
Trade marks refer to a name, logo or slogan. A trade mark identifies the...
Registered Designs in South Africa
A registered design protects the appearance of art, unlike a patent which...
Trade Mark a Company Name in South Africa
Do not mistake the registration of a company with registering a trade mark. It...
Contract of Purchase and Sale
The most common contractual form in South African commercial transactions is...
Design Rights Explained: Shapes, Patterns, and Configurations
Design rights refer to the intellectual property rights associated with...
Internet Service Providers Association (ISPA)
The Internet Service Providers Association (ISPA) is a South African Internet...
Trade Mark Attorneys Qualification Requirements in South Africa
The Trade mark Attorneys qualification is a statutory qualification under...
Patent Attorneys Qualification Requirements in South Africa
The Patent Attorneys qualification is a statutory qualification under control...
South African Complete Patent
The second step is to file a complete patent application within 12 months of...
Provisional Patent Application
The first step is to file a South African provisional patent application for...
Patent and Design renewal deadlines in South Africa
Failure to have a thorough understanding of renewal fee deadlines can have...
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 by Attorneys
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
Buying a franchise can be an attractive way to enter the business world,...
Legal Representation when Starting a Franchise
A business that has set out its systems and procedures, and is trading...
Franchise Attorneys
Legal Representation for Franchisors and Franchisees Franchise...
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...
Why You Should Do a Patent Search Before Applying
It is very important for applicants to do a patent search for similar...
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 and Fees in South Africa
In South Africa, obtaining a patent involves a structured process with...
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? Copyright infringement happens when...
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...