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Intellectual Property

South Africa

Franchise Agreements and Competition Act

Home / South Africa / Franchise Agreements and Competition Act

Many well known South Africa franchises are based on long running agreements between franchisors and franchisees.  Portions of these agreements or, in some cases, the full agreements may very soon be found to be invalid because they may be found to be contrary to current South African legislation.

More specifically, the Consumer Protection Act 68 of 2008 and the Competition Act 89 of 1998 contain specific provisions that are contrary to well established franchising principles.  Principles like fixed pricing structures and the definition of exclusive franchisee territories are contrary to the provisions in the Competition Act.  Similarly, principles like restrictive purchase conditions are contrary to the provisions in the Consumer Protection Act.

The Consumer Protection Regulations, which are referred to in the Consumer Protection Act will come into effect in the first half of 2011 and will then regulate the relationship between franchisors and their franchisees. Franchisors are therefore advised to review their franchise contracts in light of new legislation as a matter of urgency.

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South Africa

South Africa

We assist with the filing, prosecution and enforcement of your patent, design, trade mark and plant breeders’ rights in South Africa. Copyright dispute resolution and litigation. Franchise agreements and negotiation. Company registrations. Domain name registration and protection.

Patents in Africa, Trademarks in Africa

File in Africa

Foreign clients who wish to file patent, design and trade mark applications in South Africa and across Africa (including OAPI and ARIPO). Our firm acts as a patent agent as well as a trade mark agent for foreign clients who wish to protect their Intellectual Property in Africa.

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International Protection

Local clients who wish to file and protect patent , design and trade mark applications internationally. Our services include the search, filing and renewal of patents and trade marks in foreign markets such as Australia, China, the United States, Canada, Europe, Japan, etc.

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