Smit & Van Wyk Patent, Trademark & Registered Designs


Intellectual Property Attorneys

There are several categories of Intellectual Property in South Africa. The overall concept of Intellectual Property relates to ideas and creations of the mind. Your ideas and creations can take the form of an invention, design, mark, song, photograph or poem, and you should protect them from being exploited by others. The type of protection you are entitled to depends on the type of intellectual property you have. An invention or idea should be patented, a company logo is protected by registering a trademark and a photograph is protected by copyright. Inventions may be patented as long as the application satisfies certain requirements. In South Africa a patent may be granted for an invention that proves new and can be used in trade, industry or agriculture.

Patent Duration

South Africa South African – patent is valid for 20 years provided that it is renewed annually before the expiration of the 3rd year from the date of filing in South Africa.

United States United States – patent is valid for 20 years from the filing date of the earliest U.S. or international (PCT) application to which priority is claimed. Renewal fees are paid annually.

China China – patent is valid for 20 years from the filing date.

Japan Japan – patent is valid for 20 years from the Japanese filing date (for a PCT case, from the international filing date).

Top 10 most Patent Applications for 2015

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Trademark Law - Trademark Attorneys - Brand Protection
Copyright Law - Copyright Attorneys - Content Copyright
Patent Law - Patent Attorneys - Product Patents
Design Law - Registered Designs - Patent Attorneys

More information regarding Intellectual Property:

Copyright Films
It is possible to copyright films in South Africa under the Copyright Act of 1978, because any cinematograph film or storage, fixation, and production such as signalling of data to produce the work fall under the protection. 

Nigeria Trademark Registration
Nigeria is a first to file country and trademark registration is mandatory to be granted rights over a mark.  Nigeria trademarks are valid for 7 years from the filing date and renewable for further periods of 14 years.

Mauritius Trademark Registration
Mauritius trademarks recognise the Nice Classification of goods and services, and allows for multi-class filing. Mauritius trademarks are valid for 10 years from the filing date and renewable for periods of 10 years each upon payment of the renewal fee.

Franchise Agreements
Franchising legal advice is specialised and differs from other areas of law, thus you need find yourself an attorney that specialises in this specific type of law. Franchise attorneys represent the franchisor, as well as the franchisee. 

Validation of European patents in Morocco
The system for validating European patents in Morocco introduced under the validation agreement between the European Patent Organisation and the government of the Kingdom of Morocco provides European patent applicants with a simple and cost-effective way…

PCT National Phase Patents in Africa
The PCT National Phase is the second of the two main phases of the PCT procedure. It follows the international phase and consists in the processing of the international application before each Office of (or acting for a Contracting State) that has been designated in the international application.