IP Insights
Olympic Games Intellectual Property
The Olympic Games are a global celebration of athletic excellence and unity, but they are also a major enterprise with significant intellectual property (IP) considerations. The symbols, logos,...
Unlocking the Power of Trademarks
In today's fiercely competitive business landscape, establishing a unique brand identity has become paramount for companies across industries. One powerful tool that can help safeguard and...
5 Reasons Why You Should Patent Your Idea
If you have an idea that you believe could revolutionize an industry or address a pressing problem, it is essential to comprehend why you should patent your idea. Obtaining a patent offers numerous...
South African Complete Patent
The second step is to file a complete patent application within 12 months of filing the provisional patent application in South Africa, and/or in each country where you wish to obtain patent...
Provisional Patent Application
The first step is to file a South African provisional patent application for your invention. This is done to obtain the earliest possible date from which to claim rights to your invention – much...
Kenya: Commencement of Recordation of Intellectual Property Rights
The Anti-Counterfeit (Recordation) Regulations and the Anti-Counterfeit (Amendment) Regulations, 2021 The Cabinet Secretary for Industrialization, Trade and Enterprise Development of Kenya published...
Patent and Design renewal deadlines in South Africa
Failure to have a thorough understanding of renewal fee deadlines can have dire consequences for patentees and design owners. If a renewal fee is not paid within the 6 month grace period after the...
Traditional Knowledge and Cultural Expressions in South Africa
Cricket South Africa recently announced a new apparel and merchandise sponsorship deal with Castore, a company based in Manchester, England. With the announcement, came the unveiling of a new kit to...
How IP is shaping Agriculture
How IP is shaping Agriculture If we want to look at how IP is shaping agriculture, we first need to understand what IP is, and what it stands for. Intellectual Property is a term that is used...
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
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
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...
Patent Acceptance in South Africa
Patent Acceptance in South Africa – Delay vs Expedited South Africa has a non-examining patent system, which means that once the formal requirements are complied with, a South African patent...
Franchise Agreement Assessment
No franchise agreement is the same. How a franchise agreement is setup depends on the type of franchise being bought and sold. There will definitely be provisions in the franchise agreement...
Franchise Agreement Setup
How a franchise agreement is setup depends on the type of franchise being bought and sold. No franchise agreement will be the same. There will definitely be provisions in the franchise agreement...
Franchise Ideas
Buying a franchise is an alternative option for entrepreneurs who don’t want the risks of starting a new business. Franchising is a public business format and people recognize a franchise business...
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...
Insolvent or struggling franchisees
Article by Esmari Jonker, Attorney – Head of Franchising, Smit & Van Wyk Published in FASA (Franchise Association Manual) Franchise Manual 2019. A franchise system is based on a...
Buying a Franchise
Legal representation when buying a Franchise Rather than starting your own business, you can purchase an established successful business franchise. Buying a franchise has it’s advantages and...
Starting a Franchise
Legal representation when Starting a Franchise A business that has set out its systems and procedures, and is trading profitably, may choose to start a franchise. Successful franchising is difficult...
Franchise Agreements
Franchise Contracts and Licence Agreements How a franchise agreement is setup depends on the type of franchise being bought and sold. Many countries have specific laws on franchising and what is...
Franchise Attorneys
Legal Representation for Franchisors and Franchisees Franchise attorneys act on behalf of local as well as international clients in the franchise industry. Esmari Jonker is an...
Nice Classification
The Nice Classification, established by the Nice Agreement, is an international classification for the registration of marks. A new edition is published every 5 years and a new version of each...
Trademark Exclusions
Trademarks that may NOT be registered: Trademark exclusions in South Africa include: Emblems fall under the protection of the Merchandise Marks Act. The following are regarded as state emblems:...
South Africa Trademark Requirements
Examples of Trademarks: Name, Slogan, Logo, Shapes, Three-dimensional Marks, Colors, Holograms, Motions / Multimedia, Positions, Gestures, Olfactory (smells /...
International Trademark Protection
Your mark should be registered in the countries in which you offer your products or services under that mark. You should also consider filing in countries where you intend to use the mark in...
Science Patents in South Africa
Research and Development Research and development in the life sciences can be extremely costly and time-consuming. The pharmaceutical industry provides a good example of the time-scales and funding...
Software Patents
Traditional protection of software / computer programs Historically, software has been protected primarily through the provisions in the South African Copyright Act. Examples of subject matter for...
Patent Search
It is very important for applicants to do a patent search for similar inventions before applying for protection. A patent search will indicate whether your idea or inventions has...
South Africa Patent Requirements
Novelty Although novelty can never be determined conclusively, an indication of the novelty of your invention may be found by conducting patent and literature searches. South Africa has a so-called...