Intellectual Property

South Africa
Smit & Van Wyk Patent, Trademark & Registered Designs

Franchise Contracts

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 agreement and the franchise relationship will mostly be controlled and governed by the contract (also called a franchise agreement). How a franchise contract is setup depends on the type of franchise being bought and sold. No franchise contract is the same and there will be provisions in the contract that will have a direct impact on how you run your business. The franchise contract may regulate all business aspects such as store furniture, signage and decor to shop location.

Franchise Operations

Franchise contracts should typically specify the manner and method of operations, business system requirements, suppliers, advertising specifications, etc – we call this a Franchise Operations Manual.  This operations manual incorporates information essential to the running of a franchise such as:

Initial training for new franchisees.
Support and references for established franchisees.
Quality control document to enforce standards.
Suggested retail prices.
Approved Suppliers.
Marketing.

Overview of responsibilities – A typical franchise operations manual (sometimes multiple documents) should contain descriptions and specified details of the franchisor’s standards of operations.
Franchise Association of South Africa

FASA is the governing body of franchising in South Africa that promotes ethical franchising. It is advisable for all franchisors to become registered members of FASA to show commitment to good ethical policies and business practices. The FASA objective is to protect both franchisees and franchisors.

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What We Can Do For You

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.

World, International Protection

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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Domain Names

Domain Names

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...

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...

South Africa

South Africa

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...