Patents, Trade Marks & Copyright Banner

Publishing Agreements

As a writer you will want the benefits that come from owning copyright on your work. If however, you plan to get the work published you will have to enter into copyright and publishing agreements with the publisher. As such you will require the assistance of Pretoria copyright attorneys such as Smit & Van Wyk.

First time published authors often fall into the trap of signing agreements where all rights on the work go the publisher, with little or no scope of self marketing for the author. It is even possible to commit copyright infringement on your own work if you have signed away all the rights.

What is eligible for Copyright protection?

Programme-carrying Signals 
(a programme signal which passes through a satellite)

Published Editions of Books 
(usually the first print of a literary or musical work)

Computer Programs 
(instructions directing the operation of a computer)

Literary Works 
(eg. novels, poems, textbooks, letters, reports, lectures, speeches)

Musical Works

Artistic Works 
(eg. paintings, sculptures, drawings, photographs)

Cinematograph Films / Videos

Sound Recordings

Broadcasts 
(electromagnetic transmissions intended for reception by the public)

Copyright Duration

This depends on the type of work that has been created. Generally, the term of copyright is 50 years, subject to the following:

Sound Recordings 
50 years from the end of the year in which the recording is first published.

Broadcasts 
50 years from the end of the year in which the broadcast first takes place.

Programme-carrying Signals 
50 years from the end of the year in which the signals are emitted to a satellite.

Published Editions – 50 years from the end of the year in which the edition is published.

Literary, Musical or Artistic Works 
Copyright exists for the life of the author plus 50 years following death, calculated from the end of the year the author died in or 50 years from the date of first publication, performance in public, offering for sale of records thereof or the broadcasting thereof , whichever is later.
Films and Photographs – 50 years from the end of the year in which the work is made publicly available, or the end of the year in which the work is first published, whichever is longer, or fifty years from the end of the year in which the work is made.

Patents

Inventions, Ideas, New, Inventive and Useful, Gadgets, Biotech

Designs

Appearance, Aesthetic, Functional, Industrial Design, Design Patents

Tarde Marks

Name, Slogan, Logo, Shapes, 3D Marks, Holograms, Motions

Copyright

Literary, Musical, Artistic, Sound Recordings, Broadcasts, Photography

Franchising

Buying or Starting a Franchise, Franchise Agreements

Intellectual Property in Africa

Smit & Van Wyk Intellectual Property services spans across the entire African continent. Patent, PCT National Phase applications and Trade Mark filings in most African countries, OAPI and ARIPO.

ARIPO and OAPI
Many African countries form part of ARIPO or OAPI allowing for the filing of only one application to obtain protection in multiple territories. These regional systems reduce the administrative burden of those countries and support a better output of the relevant laws.

Popular countries to file in Africa
South Africa, Nigeria, Egypt, Algeria, Morocco, Kenya, Angola, Tanzania, Mauritius, Tunisia, Zambia, Ethiopia, Mozambique, Seychelles.

Recent Articles

ARIPO Patent Filings

ARIPO Patent Filings ARIPO Patents Smit & Van Wyk Intellectual Property law firm specialises in Patent and PCT National Phase filings for ARIPO (African Regional Intellectual Property Organization). ARIPO is an intergovernmental organisation for English-speaking African countries which...

Mauritius Trade Marks

Mauritius Trade MarksTrademark registration in Mauritius  Mauritius trade marks recognise the goods and services classes from the Nice Classification of goods and services, and allows for multi-class filing. Mauritius trade marks are valid for 10 years from the filing date and renewable for...

Public Domain Works

Public Domain Works Public domain works refers to intellectual property that is not owned by anyone. The term indicates that these properties are therefore “public”, and available for anyone to use. The public domain can be defined in contrast to copyright, trademarks or patents. Furthermore, the...

Copyright Applications

It is not necessary to formally submit copyright applications in order to receive copyright protection. Copyright exists automatically in force of creation. In other words, as soon as the qualifying work is written or recorded on some physical medium, its author is automatically entitled to...

How to protect your Copyright

How to protect your CopyrightHow to protect your copyright in South Africa as in many other countries, copyright does not need to be registered. Unlike patents, trademarks and designs, the rights associated with copyright rest in the author of a work once the work is created in a material form....

Copyright Attorneys

Smit & Van Wyk, Inc. is an intellectual property law firm located in South Africa. Our copyright attorneys have experience dealing with copyright and trademark related issues. With advances in technology, copyright infringement is increasing, so our copyright attorneys are not only able to...

Copyright Protection

Copyright is just one of the four divisions that fall under the general heading of Intellectual Property, and there are South African attorneys who have had special training in the subject and will be only too happy to advise you on the subject. The four general headings that fall under this...

How to Copyright Films

What is Copyright? A copyright is an exclusive right granted to an author of original work for a limited period of time. For a work to be eligible for copyright protection, it must be original and be reduced to material form. In South Africa all these works are automatically protected by copyright...

Copyright Photographs

Copyright Photographs When it comes to the protection and ownership rights of a photograph, there is still a lot that can be done in South Africa. It is not possible to register copyright photographs in South Africa. Unlike other forms of intellectual property, copyright vests in the photographer...

New Trade Mark Law – Ethiopia

New Trade Mark Law: EthiopiaImportant Notice regarding Ethiopia Trade Marks: Owners of Trade Marks that are already registered in Ethiopia will be required to file new applications no later than 24 June 2014. The Trade Mark Registration and Protection Proclamation was published in Ethiopia in 2006...