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Intellectual Property

Africa
Smit & Van Wyk Patent, Trademark & Registered Designs

Copyright in Africa

Copyright comes into existence the moment that a copyrightable work is created in material form. In terms of the Berne Convention the protection afforded in one Berne Convention country is extended to owners in other countries as well. The definition of protected works in terms of the Berne Convention includes literary and artistic works.

In terms of the South African Copyright Act no. 98 of 1978 the copyrightable works are defined as literary works, musical works, artistic works, cinematograph works, sound recordings, broadcasts, programme-carrying signals, published editions and computer programs. Although an owner does not have to take any steps to protect his/her copyright, we are in a position to advise clients in respect of proactive steps to ensure that the copyright subsists in the appropriate entity and we can assist with the transfer of ownership in copyright, commercial arrangements related to the exploitation and enforcement thereof.

A number of African countries are also signatories to the Berne Convention, but the manner in which the principles of the Berne Convention was taken up in their local legislation might differ slightly between the various jurisdictions. We can again assist clients in copyright matters through our trusted network of local African agents.

Patents in Africa, Trademarks in Africa

Smit & Van Wyk provides a full range of Intellectual Property legal services in all African countries where protection is available. We can provide information on the filing requirements in each of the African countries and can also offer information on the various regional IP organisations such as ARIPO, OAPI and the Madrid protocol. We work with a network of trusted and knowledgeable agents to develop the best possible solution to each of our clients’ needs for trade marks, designs and patents in Africa.

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Common Law Tort of Passing Off

Common Law Tort of Passing Off

A question that inevitably arises is whether unregistered trade marks are afforded protection in South Africa and if so, to what extent. South African trade mark law is hybrid legal system governed...