Blog

Patentability of Cannabis Varieties

Cannabis breeding involves the direct manipulation of cannabis species to create desired phenotypes, for example to increase or decrease cannabinoid or tetrahydrocannabinol (THC) levels.  Traditionally, cannabis breeders employed techniques of selective pollination...

Trademark Shapes

In order to trademark shapes your mark needs to consist of a three-dimensional shape. It is typically considered a non-traditional trade mark.  Other non-traditional trade marks include position marks and gesture marks. Examples of well-known shape marks are the Weber...

FASA Virtual Networking – 4 June 2021

Event Date: 4 June 2021 from 8:30 to 10:30 (SAST) Event Link: www.fasa.co.za The Franchise Association of South Africa (FASA) virtual networking event targets franchisors, entrepreneurs, business owners, aspiring franchisees and people looking to supply the franchise...

Inventor Assistance Program

The recent COVID-19 pandemic did not only have socio-economic implications but has initiated one of the worst financial depressions the world has ever seen. However, as the saying goes, “Necessity is the mother of invention” and this situation has raised the need for...

Difference between a Domain Name and a Website

A domain name is essentially the address which directs users to a particular internet location. This internet location has a unique identifier, the Internet Protocol (IP) address, which would also direct users to the particular location. However, remembering the IP...

Non-disclosure Agreement and Loss of IP Rights

A Non-Disclosure Agreement (NDA) can be used to avoid the “gentleman’s agreement” dilemma, by legally binding a participant to not disclose/divulge/release the confidential information shared with them. In the event of a breach of this agreement, the party in fault...

Startup Businesses, IP Rights

Why startup businesses need to consider registering their IP rights from the word “GO!” When starting a new business, making a new product, building a new brand or using a new domain name, the first step that should always be considered is the registration of the...

File Patent & Design Applications

Patent & design applications are not mutually exclusive, and there are many instances in which it would be advantageous to file both patent & design applications for the same new product. In such a case, the patent would typically aim to protect the broad...

South African Registered Designs

South African registered designs may be filed for the appearance of an article, provided that the particular appearance is new when compared to other articles of a similar nature. In South Africa, designs are protected in terms of the South African Designs Act No. 195...

Intellectual Property

Intellectual Property Patents, Designs, Trademarks & Copyright Intellectual property can be referred to as the creations of human intellect. There are numerous types of intellectual property and some countries recognize more than others. The most well-known types...

2021 World IP Day Competition

World IP Day 2021 Competition is NOW closed. No more entries accepted World IP Day is celebrated on the 26th of April to teach people about the role that intellectual property plays in encouraging innovation and creativity. This year the World IP Day theme is “IP...

Domain Names

Domain Names South Africa 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 addresses are reflected in Internet Protocol...

Business Start-up Package

Business Start-up Package South Africa Smit & Van Wyk offers a business start-up package for businesses that are looking to protect all aspects of their new venture. The package includes the following services at a reduced cost: Company name reservation, Company...

South African Design

A South African Design may be protected in terms of the The South African Designs Act No. 195 of 1993 which gives the owner of a registered design control over their design for a limited period in South Africa. A South African registered design does not...

Nigeria Plant Breeders’ Rights

Nigeria Plant Breeders' Rights Intellectual Property Law Nigeria Plant Breeders' Rights does not currently have a intellectual property protection for plant varieties or plant breeders, but in 2019 Nigeria has taken the first steps to start the legacy of plant...

Nigeria Patents

Nigeria Patents Patent & PCT National Phase Applications Nigeria patents require novelty and inventiveness but the Nigerian Patent Office does not perform an examination when filing your patent application. The payment of annual renewal fees from the 1st...

Validation of European patents in Morocco

Validation of European patents in Morocco Validation of European patents in Morocco with effect from 1 March 2015 The system for validating European patents in Morocco introduced under the validation agreement between the European Patent Organisation and the...

Morocco Patents

Morocco Patents Patent & PCT National Phase Applications Morocco patents require absolute novelty and a substantive examination should be requested when filing your patent application. The payment of annual renewal fees from the 3rd anniversary of the filing date...

Morocco Trademarks

Morocco Trademarks Trademark Registration and Protection Morocco is a First to Use country and whomever first uses the mark gets the rights. Morocco trademarks are valid for 10 years from the filing date and renewable for further periods of 10 years. Morocco is a...

Nigeria Trademarks

Nigeria Trademarks Trademark Registration and Protection 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...

Compulsory Licensing in Egypt

Compulsory Licensing in Egypt Intellectual Property Law Egyptian Prime Minister Mostafa Madbouly has created a ministerial committee under the Intellectual Property Law No. 82/2002 for compulsory licensing in Egypt. The compulsory licensing mechanism covers all sorts...

Namibia Patents

Namibia Patents Patent and PCT National Phase Applications Smit & Van Wyk is an Intellectual Property law firm in Africa which specialise in Namibia Patents and PCT National Phase applications. Namibia Patents have a duration of 20 years from the date of filing or...

Egypt Patents

Egypt Patents Patent & PCT National Phase Applications Egypt patents require a fully detailed description of the invention or utility model in Arabic. The application should use the correct technical terms, including a statement on prior art and shortcomings...

Angola Patents

Angola Patents Patent & PCT National Phase Applications Angola patents have a duration of 15 years from date of filing and annual renewal fees are payable in advance from the first anniversary of the filing date. Angola patents have a duration of 15 years from the...

Egypt Trademarks

Egypt Trademarks Trademark Registration and Protection Egypt is a First to File country and whomever first files the trade mark gets the rights. Egypt trademarks are valid for 10 years from the filing date and renewable for further periods of 10 years. Egypt is a...

Lockdown Notification on Plant Breeders’ Rights

Delivery of application forms and seed This serves to notify all clients of Lockdown Notification on Plant Breeders’ Rights during Level 4. Applications in terms of the Genetically Modified Act. Applications in terms of the Plant Breeders’ Rights Act. Seed submitted...

Mozambique Patents

Mozambique Patents Patent and PCT National Phase Applications Mozambique patents may be filed through the Industrial Property Institute (IPI) of Mozambique or through ARIPO where the applicant designates the application to specific contracting states. The payment of...

ARIPO Patents

ARIPO Patents African Regional Intellectual Property Organization Smit & Van Wyk Intellectual Property law firm specialises in Patent and PCT National Phase filings for ARIPO (African Regional Intellectual Property Organization). The headquarters and...

Water Research Commission workshop

On 20 March 2019, Wessel van Wyk was privileged to present at a Water Research Commission workshop of South Africa. The workshop, entitled “A Framework for Management of IP Emanating From WRC-Supported R&D”, was aimed at strengthening the intellectual property...

365 Ubuntu Climbs with the Renaissance Guy

The Renaissance Guy, Andrew Patterson, has a goal of hiking up Table Mountain, Cape Town, every day for a full year… but for what purpose? Last year, Andrew realised that he had a calling to contribute something positive in South Africa, so he started the 365 Ubuntu...

Congratulations to Jacques and Kim

Smit & Van Wyk would like to congratulations to Jacques and Kim - the candidate patent attorneys at Smit & Van Wyk. We are proud to announce that two of our candidate patent attorneys, Jacques Steyn and Kimberley Conroy (previously Smith), passed the Drafting...

First to Use

First to Use Trade Mark Law This means that the first person / entity that actually made use of the mark in connection with the goods and/or services for which they’re applying, will obtain registration and may prevent others from using it. This is known as First to...

First to File

First to File Trade Mark Law This means that the first person or entity that applies for a trade mark, will obtain registration and may prevent others from using it.  This person / entity will have the rights thereto, regardless of whether another have built up a...

Patent Registration in the U.S

Patent Registration in the U.S  International Patents The role of the USPTO is to grant patents for the protection of inventions in the United States of America. When the patent expires, the invention is freely available to the public. Patents are not renewable. Under...

Patent Registration in India

Patent Registration in India Patent Law Services for patent registration in India when an invention relating to a product or a process that is new, involving inventive step and capable of industrial application may apply for a  patent in India. An application for a...

Patent Registration in Malaysia

Patent Registration in Malaysia International Patents Malaysia’s intellectual property laws generally conform with international standards and provide adequate protection for trade mark owners. The establishment of the Intellectual Property Court in Malaysia bears...

Patent Registration in Australia

File Patents in Australia Patent PCT National Phase Applications Patents in Australia are granted and administered by IP Australia. Your invention must be unique, inventive or innovative in order to be patented. A standard patent gives you long-term protection and...

Patent Registration in China

File Patents in China Patent PCT National Phase Applications Patents in China are granted and administered by the State Intellectual Property Office (SIPO). Intellectual property in China may be enforced by administrative authorities or through civil or criminal...

Mauritius Trademarks

Mauritius Trademarks Trademark Registration and Protection 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...

Trade Mark Registration in Malaysia

Malaysia Trademarks Trade Mark Registration and Protection Malaysia’s intellectual property laws generally conform with international standards and provide adequate protection for trade mark owners. The establishment of the Intellectual Property Court in Malaysia...

Franchising Legal Advice

Specialist legal advice on franchising and franchise contracts 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...

Trade Mark Registration in the U.S

Trade Mark registration in the U.S Trade Mark Registration and Protection Trade mark rights in the United States are established through use, thus the person or company that first and continuously uses a mark inside the U.S. is the one who will have preferential...

Trademark Registration in India

Trademark Registration in India  Trade Mark Law Trademark Registration in India often feature in the news for the slow progress of cases, loss of files and mass abandonment of applications. However, this has begun to change and in the last few years the trademarks...

Trademarking

Trademarking South Africa As an entrepreneur or business owner, trademarking your name and/or logo is crucial to protecting your intellectual property from infringement. A trade mark is a recognisable sign, design, or expression which identifies your brand from those...

How to Patent an Idea

How to Patent an idea in South Africa and abroad Keep your Idea a SECRET:It is important to keep your idea a secret because a patent may only be granted for an idea that is new, inventive and useful.  If your idea meets these requirements, generally, it should be...

Know your IP

IP (Intellectual property) is considered an asset for any business. Intellectual Property is an intangible asset which means that the asset is not physical, it is as the result of human creativity, thought and inventiveness, and this type of asset forms the...

Trade Mark Registrations and Information

Trade Mark Registrations and Information South Africa Trade Mark registrations provides wide-ranging protection against infringement of your brand. A trade mark is typically a word, name, phrase, logo, symbol, design, image, or a combination of these elements. Trade...

The Yimi™ personal information system

The Yimi™ personal information system provides secure sharing and authenticating of information with service providers. It is an easy-to-use system for transmitting personal information from a client's smartphone with consent recorded on and tracking provided by our...

ANC vs ADeC Logo

Since the African Democratic Change (ADeC) emerged as a new political party in South Africa it’s ADeC logo has drawn much attention because of its similarities to that of the ANC logo. The similarities included the use of the black, green and...

Congratulations to Rogan and Kelsey

Smit & Van Wyk, Inc. proudly celebrate two of our candidate attorneys that have completed their articles of clerkship. On Monday 29 January 2018, Rogan Bruce and Kelsey Savig have been admitted as attorneys in the High Court of South Africa. Rogan Bruce has...