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Smit & Van Wyk Patent, Trademark & Registered Designs

IP Insights

Copyright Infringement in South Africa

Copyright Infringement in South Africa

What constitutes copyright infringement?Making photocopies for private use is NOT an infringement of copyright. Copying a public speech or a lecture does NOT constitute infringement. No...

Copyright Infringement in South Africa

South Africa Franchising

Franchising means the licensing of a franchisor’s business model to a franchisee. The franchisor appoints franchisees to expand its business by means of separate and...

Copyright Infringement in South Africa

South Africa Plant Breeders’ Rights

Plant breeders have intellectual property rights for new plant varieties. Breeders of new plant varieties are granted plant breeders’ rights for protection against exploitation without their...

Copyright Infringement in South Africa

South Africa Copyright

Copyright does NOT have to be registered in South Africa. Copyright in South Africa, like in most other countries, differs from other forms of intellectual property in that it is not a right that...

Copyright Infringement in South Africa

South Africa Designs

A South African registered design protects the appearance of an article, unlike a patent which protects the underlying invention on which an article is based. Even though the underlying principle of...

Copyright Infringement in South Africa

South Africa Patents

In simple terms, South African patents may be granted for inventions that are: New, Inventive and Useful. If your invention meets these three requirements,...

Copyright Infringement in South Africa

South Africa Trademarks

A trademark is a mark which distinguishes your goods or services from goods or services of others in South Africa, or elsewhere. Trademarks are register-able in terms of the South African Trade...

Intellectual Property in Africa: Opportunities for Licensing

Southern African Development Community

What is the Southern African Development Community (SADC)? The Southern African Development Community or SADC (pronounced “Sadec”) is an inter-governmental organisation in...

Challenges for Asian Companies in African Markets

Challenges for Asian Companies in African Markets

Entering the African markets can be intimidating for Asian companies, but with the right strategic partners, entry can be simplified and successful. Lack of African market data and statistics is...

Intellectual Property in Africa: Opportunities for Licensing

African Countries to Invest In

The African continent is a largely untapped market. With 54 countries and an estimated over 1.366 billion inhabitants (16.72% of the world population), Africa presents a valuable target...

Intellectual Property in Africa: Opportunities for Licensing

Business Development in Africa

Despite the innovation and growth of business development in Africa, a gap remains for foreign goods and services, technology, infrastructure and investment. This makes business in Africa lucrative,...

The Belt and Road Initiative

The Belt and Road Initiative

The Belt and Road Initiative (BRI) is a significant infrastructure project designed to expand China’s economic involvement on an international scale. Occasionally referred to as the “New Silk...

Intellectual Property in Africa: Opportunities for Licensing

Intellectual Property protection in Africa

Why it is Important for Asian Companies to Protect Intellectual Property in Africa? Asian companies are shifting from manufacturing to high-tech research and product development. Consequently, Asian...

Copyright Infringement in South Africa

Trademark Office in South Africa

The trademark office in South Africa is officially known as the Companies and Intellectual Property Commission (CIPC) which is responsible for the registration of trademarks, granting...

What is Cybersquatting?

What is Cybersquatting?

Cybersquatting may sound like a strange eviction nightmare, but it is a commercial reality faced by entrepreneurs and corporations across the globe. Cybersquatting refers to the practice of...

Big Data and Data Protection in South Africa

Big Data and Data Protection in South Africa

In 1996, Bill Gates wrote an essay entitled “Content is King”, alluding to how he predicted money to be made through the Internet. As true as that is today, with the advent of big data, artificial...

Patentability of Cannabis Products in South Africa

Patentability of Cannabis Products in South Africa

We take a closer look at the patentability of cannabis products in South Africa. Cannabis products and by-products are taking the South African market by storm.  The question therefore arises as to...

Intellectual Property in Africa: Opportunities for Licensing

Foreign IP filings into Africa

According to estimates, Africa’s population will reach 2.4 billion by the year 2050. This will, in turn, create considerable opportunities in terms of economic growth which also creates...

Gambia to join the Banjul Protocol

Gambia to join the Banjul Protocol

On 3 May 2021, Gambia deposited its instrument of accession to the Banjul Protocol on Trade Marks. Thus, Gambia may be eligible for designation in ARIPO from 3 August 2021 - Gambia to join the...

Banjul Protocol Update 2020

Banjul Protocol Update 2020

On 15 May 2020, the Government of the Republic of Mozambique deposited its instrument of accession to the Banjul Protocol on Marks.  The instrument of accession is pursuant to a previous resolution...

Uganda Trade Mark Regulations Amendments

Uganda Trade Mark Regulations Amendments

“The Trademarks Act No.17, 2010 was recently amended by the Trademark (Amendment) Regulations No. 9 of 2021”. Uganda has recently amended its Trade Mark Regulations, bringing about several...

Intellectual Property in Africa: Opportunities for Licensing

Protecting Innovations, indirectly through AfCFTA

The African Continental Free Trade Area AfCFTA is a free trade area founded in 2018, with trade commencing as of 1 January 2021. It was created among 54 of the 55 African Union nations. One of the...

2021 Client Choice Awards

2021 Client Choice Awards

Congratulations to Esmari Jonker on being named a 2021 Client Choice Award Winner! All winners of the 2021 Lexology Client Choice Awards were announced on the 14th of October 2021 and Esmari Jonker...

CIPC File Transfer Notice

CIPC File Transfer Notice

Companies and Intellectual Property Commission (CIPC) File Transfer Notice The South African CIPC has commenced with the second stage of the large-scale file transition to a new bulk storage...