Research and DevelopmentResearch and development in the life sciences is extremely costly and time-consuming. The pharmaceutical industry provides a good example of the time-scales and funding one...
Intellectual Property
Insights
South Africa
Trademark Search
Search for possible similar Trademarks It is always advisable to do a trademark search before the application is filed. In order to be considered register-able, your trademark must be...
Copyright Infringement in South Africa
What constitutes copyright infringement?Making photocopies for private use is NOT an infringement of copyright. Copying a public speech or a lecture does NOT constitute infringement. No...
South Africa Franchising
Franchising means the licensing of a franchisor’s business model to a franchisee. The franchisor appoints franchisees to expand its business by means of separate and...
South Africa Plant Breeders’ Rights
Plant breeders have intellectual property rights for new plant varieties. Breeders of new plant varieties are granted plant breeders’ rights for protection against exploitation without their...
South Africa Copyright
Copyright does NOT have to be registered in South Africa. Copyright in South Africa, like in most other countries, differs from other forms of intellectual property in that it is not a right that...
South Africa Designs
A South African registered design protects the appearance of an article, unlike a patent which protects the underlying invention on which an article is based. Even though the underlying principle of...
South Africa Patents
In simple terms, South African patents may be granted for inventions that are: New, Inventive and Useful. If your invention meets these three requirements,...
South Africa Trademarks
A trademark is a mark which distinguishes your goods or services from goods or services of others in South Africa, or elsewhere. Trademarks are register-able in terms of the South African Trade...
Trademark Office in South Africa
The trademark office in South Africa is officially known as the Companies and Intellectual Property Commission (CIPC) which is responsible for the registration of trademarks, granting...
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...
Patentability of Cannabis Varieties
Cannabis breeding involves the direct manipulation of cannabis species to create desired phenotypes, for example to increase or decrease cannabinoid or tetrahydrocannabinol (THC) levels. ...
Trademark Shapes
In order to trademark shapes your mark needs to consist of a three-dimensional shape. It is typically considered a non-traditional trade mark. Other non-traditional trade marks include...
File Patent & Design Applications
Patent & design applications are not mutually exclusive, and there are many instances in which it would be advantageous to file both patent & design applications for the same new product. In...
South African Registered Designs
South African registered designs may be filed for the appearance of an article, provided that the particular appearance is new when compared to other articles of a similar nature. In South Africa,...
Business Start-up Package
Smit & Van Wyk offers a business start-up package for businesses that are looking to protect all aspects of their new venture. The package includes the following services at a reduced...
South African Design
A South African Design may be protected in terms of the The South African Designs Act No. 195 of 1993 which gives the owner of a registered design control over their design for a limited...
Lockdown Notification on Plant Breeders’ Rights
Delivery of application forms and seed This serves to notify all clients of Lockdown Notification on Plant Breeders’ Rights during Level 4. Applications in terms of the Genetically Modified Act....
First to Use
This means that the first person / entity that actually made use of the mark in connection with the goods and/or services for which they’re applying, will obtain registration and may prevent others...
Sudan
Smit & Van Wyk assists with the protection of Intellectual Property in Sudan, including the filing, prosecution and enforcement of patents, designs, trade marks, copyright and plant breeders’ rights. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio. We can assist with the protection, prosecution and enforcement thereof. It is our mission to provide unparalleled service to our...
Patentability of Cannabis Varieties
Cannabis breeding involves the direct manipulation of cannabis species to create desired phenotypes, for example to increase or decrease cannabinoid or tetrahydrocannabinol (THC) levels. ...
Trademark Shapes
In order to trademark shapes your mark needs to consist of a three-dimensional shape. It is typically considered a non-traditional trade mark. Other non-traditional trade marks include...
Inventor Assistance Program
The recent COVID-19 pandemic did not only have socio-economic implications but has initiated one of the worst financial depressions the world has ever seen. However, as the saying goes, “Necessity...
Difference between a Domain Name and a Website
A domain name is essentially the address which directs users to a particular internet location. This internet location has a unique identifier, the Internet Protocol (IP) address, which would also...
Non-disclosure Agreement and Loss of IP Rights
A Non-Disclosure Agreement (NDA) can be used to avoid the “gentleman’s agreement” dilemma, by legally binding a participant to not disclose/divulge/release the confidential information shared with...
Startup Businesses, IP Rights
Why startup businesses need to consider registering their IP rights from the word “GO!” When starting a new business, making a new product, building a new brand or using a new domain name, the first...
File Patent & Design Applications
Patent & design applications are not mutually exclusive, and there are many instances in which it would be advantageous to file both patent & design applications for the same new product. In...
South African Registered Designs
South African registered designs may be filed for the appearance of an article, provided that the particular appearance is new when compared to other articles of a similar nature. In South Africa,...
Business Start-up Package
Smit & Van Wyk offers a business start-up package for businesses that are looking to protect all aspects of their new venture. The package includes the following services at a reduced...
South African Design
A South African Design may be protected in terms of the The South African Designs Act No. 195 of 1993 which gives the owner of a registered design control over their design for a limited...