The second step is to file a complete patent application within 12 months of filing the provisional patent application in South Africa, and/or in each country where you wish to obtain patent protection. The complete patent application will claim a first (or “priority”) date from your provisional...
The first step is to file a South African provisional patent application for your invention. This is done to obtain the earliest possible date from which to claim rights to your invention – much like an option to protect your invention. Obtaining a patent is a two-step process that is spaced 12...
How IP is shaping Agriculture 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 something new, innovative or creative. IP is protected by law in the form...
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 addresses are reflected in Internet Protocol (IP) addresses, domain names provide easy-to-recall...
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 legal practice that deals exclusively with patent, trade...
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 will have a direct impact on how you run your business. The franchisor may choose the location of...
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 that will have a direct impact on how the franchisee run the franchise. You, the franchisor, may choose...
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 because it carries a well known trademark and brand. South Africa has over 400 franchise systems and...
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 common law contractual requirements. Both parties must have contractual capacity to enter into an...
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 reciprocal relationship between a franchisor and its franchisees. For a franchise group to expand, one...
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 disadvantages, but it is at least a path to self employment. Before you invest, make sure you do a lot of...
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 but if you want to expand your business to its’ maximum size and profitability, you may wish to...
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 of the Republic, Coat of Arms of the Republic, National Monuments, The...
Examples of Trademarks: Name, Slogan, Logo, Shapes, Three-dimensional Marks, Colors, Holograms, Motions / Multimedia, Positions, Gestures, Olfactory (smells / scents), Sounds / Tunes, Tastes, Textures. A South African trademark is registrable...
Research and Development Research and development in the life sciences can be extremely costly and time-consuming. The pharmaceutical industry provides a good example of the time-scales and funding one needs in order to bring a drug or biological product to market, and most academic or other...
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 Copyright protection of computer programs are: Copyright residing in the source code.Copyright...
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 been patented before. Although novelty can never be determined conclusively, an indication of the...
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 “absolute” novelty requirement, which implies that any disclosure anywhere in the world before the...
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 method; a literary; dramatic, musical or artistic work; or any aesthetic creation; a scheme, rule, or...
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 what already exists (i.e. the prior art). Although a novelty search is not suggested for...