IP Insights
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...
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...
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...
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...
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...
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,...
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...
Arbitration as a viable option to resolve IP disputes in South Africa
Intangible assets, such as intellectual property (IP) rights are only as strong as the means to enforce them. In a jurisdiction like South Africa where court process, especially opposed proceedings,...
Intellectual Property in Africa: Opportunities for Licensing
With a rapidly growing and evolving market in Africa, foreign Intellectual Property (IP) owners are extending their Intellectual Property in Africa and commencing business operations here....
The South African Patent Law favors foreign applicants
When considering filing a patent application in a foreign jurisdiction, generally the first consideration for clients is whether or not the subject matter of the “invention” is eligible for patent...
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
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...
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...
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 (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 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...
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?
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
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
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...
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
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
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
“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...
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...
Granting of a compulsory license for pharmaceuticals
In the event that an interested person discovers, through what ever means, a patented product that is still in force, and that person wishes to make use of that patent in South Africa, the person...
Legalisation of Private Use of Cannabis in South Africa
In September 2018, a landmark decision by the Constitutional Court in South Africa legalised certain acts in relation to cannabis. In particular, the court ruled that the private cultivation,...
Recent Increase in Trade Mark Filings in South Africa
According to the World Intellectual Property Organisation (WIPO), South Africa is currently grouped under middle-income countries, amongst other African countries such as Egypt and Algeria. In...
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
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...