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Smit & Van Wyk Patent, Trademark & Registered Designs

IP Insights

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 to describe the creation of...

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...

Patent Acceptance in South Africa

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

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 that...

Franchise Agreement Assessment

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

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 Ideas

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...

Franchise Ideas

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

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...

Buying a Franchise

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...

Buying a Franchise

Franchise Agreements

Franchise Contracts and Licence Agreements Franchise agreements are the same. How a franchise agreement is setup depends on the type of franchise being bought and sold. Many countries have specific...

Buying a Franchise

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

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...

Franchise Ideas

South Africa 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: Seal...

Franchise Ideas

South Africa Trademark Requirements

Examples of Trademarks: Name, Slogan, Logo, Shapes, Three-dimensional Marks, Colors, Holograms, Motions / Multimedia, Positions, Gestures, Olfactory (smells /...

Franchise Ideas

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...

Franchise Ideas

South Africa Science Patents

Plant and Animal Sciences Patents According to the patent laws of several countries, one cannot obtain biotechnological patent protection for plant or animal varieties, or essentially biological...

Franchise Ideas

South Africa 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...

Franchise Ideas

South Africa 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...

Franchise Ideas

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...

Franchise Ideas

South Africa Patent Exclusions

Inventions which cannot be Patented in South Africa Exclusions as inventions in terms of the South African Patents Act:Anything which consists of a discovery; a scientific theory; a mathematical...

Franchise Ideas

South Africa Patent Costs

Novelty Search  (R 5 000 – R 10 000) A novelty search is conducted prior to filing a Provisional Patent Application to identify potentially novel and/or inventive aspects of an invention in light of...

International Patents

International Patents

It is important to note that patents are territorial rights – a patent granted in South Africa can be enforced in South Africa only. However, you may, within 12 months of filing your South African...

Franchise Ideas

South Africa Biotech Patents

Research and DevelopmentResearch and development in the life sciences is extremely costly and time-consuming. The pharmaceutical industry provides a good example of the time-scales and funding one...

Franchise Ideas

Trademark Search

Search for possible similar Trademarks It is always advisable to do a trademark search before the application is filed. In order to be considered register-able, your trademark must be...