South Africa
Intellectual Property
Intellectual Property in South Africa
Smit & Van Wyk assists with the protection of Intellectual Property in South Africa, including the filing, prosecution and enforcement of patents, designs, trade marks, copyright and plant breeders’ rights. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio. We can assist with the protection, prosecution and enforcement thereof. It is our mission to provide unparalleled service to our treasured clients by developing dynamic solutions which are tailored to suit individual Intellectual Property needs. The key to achieving this lies with our vibrant people, who are eager to go beyond the call of duty.
South Africa patents have a duration of 20 years from date of filing and annual renewal fees are payable from the 3rd anniversary of the filing date. South Africa is a member of the PCT and the Paris Convention (International treaty for the protection of Industrial Property).
Types of Patents:
- Patents of Invention
- National Phase PCT Application
- Patents of Addition
South Africa trademarks are valid for 10 years from the filing date and are renewable every 10 years thereafter. South Africa is a member of the Paris Convention (International treaty for the protection of Industrial Property).
Types of Trade Marks:
- Standard marks
- Collective marks
The most current edition of the Nice Classification of Goods and Services is followed.
South Africa designs are split into two sections: aesthetic designs and functional designs. The duration of an aesthetic design is 15 years and the duration of a functional design is 10 years. South Africa is a member of the Paris Convention (International treaty for the protection of Industrial Property).
Types of Designs:
- Industrial Designs (Aesthetic and Functional designs)