Intellectual Property

Africa

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Smit & Van Wyk deals with Intellectual Property in Africa. Our qualified patent, trademark and copyright lawyers have the knowledge, experience and resources to give expert legal advice regarding intellectual property portfolios. Our specialist team of IP lawyers will assist with patent (and PCT) applications in South Africa and across Africa as a whole. We can assist with the filing, prosecution and enforcement thereof. Our firm serves as a portal to the African continent for many foreign associates and multinational corporations. Smit & Van Wyk acts as a patent agent as well as a trade mark agent for the whole African continent (including in OAPI and ARIPO).

With a passion for development in Africa, our patent department has built a trusted network of African agents over the past decade which allows us to extend these service offerings across the African continent.

Patents

Our patents team specialise in the identification, protection, prosecution and enforcement of patents in Africa. Our registered patent attorney’s cover a number of technical disciplines, including: mechanical, electrical, electronic and software engineering as well as biotechnology, life sciences, pharmaceuticals and chemical engineering.

A PCT patent application will ensure that by filing one international patent application, that applicants can simultaneously seek protection for an invention in other PCT member countries.

The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries.

Trade Marks

Our trade mark department consists of a team of skilled and qualified trade mark lawyers and paralegals who work closely with our clients to build interpersonal relationships and to structure the best bespoke trade mark filing programs suited to the client’s specific needs and requirements.

The Nice classification assists in filing a trade mark application for the correct goods and/or services as it is an international standard for the classification of goods and/or services. There is a total of 45 classes (34 goods classes and 11 service classes).

The Madrid Protocol is an international treaty designed to simplify the international trade mark registration process. Using this process, registrants are able to complete a single application, in their home language, that can then be applied to over 90 member countries. There are 38 African countries that are currently Madrid members.

Copyright

We provide comprehensive copyright legal services. Our attorneys can assist with all aspects of copyright, including proactive steps to protect copyright, transfer of ownership, commercial arrangements related to exploitation and enforcement, and any necessary filings.

Plant Breeders' Rights

Smit & Van Wyk is well-positioned to assist clients with the filing, prosecution, and enforcement of plant breeders’ rights. Our IP attorneys can advise clients on the best strategies for obtaining and maintaining plant breeders’ rights and can assist with any necessary filings or registrations.

Franchising

We understand that starting or buying a franchise can be an exciting yet complex process that requires the expertise of a franchise attorney. We have a team of qualified attorneys who are well-versed in the legal requirements of setting up legal documentation.

What We Can Do For You

File in Africa

We provide a full range of Intellectual Property 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.

ARIPO

We assist with the filing, prosecution and enforcement of your patents, designs and trade marks for all ARIPO member states.

OAPI

We assist with the filing, prosecution and enforcement of your patents, designs and trade marks for all OAPI member states.