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Intellectual Property

Insights
Smit & Van Wyk Patent, Trademark & Registered Designs

Franchising

Contract of Purchase and Sale

Contract of Purchase and Sale

The most common contractual form is the contract of purchase and sale. A contract of purchase and sale is a legally enforceable agreement between one party to buy and another to sell. For...

Sudan

Smit & Van Wyk assists with the protection of Intellectual Property in Sudan, 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...

Patentability of Cannabis Varieties

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. ...

Trademark Shapes

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...

Inventor Assistance Program

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...

Difference between a Domain Name and a Website

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...

Non-disclosure Agreement and Loss of IP Rights

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...

Startup Businesses, IP Rights

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...

File Patent & Design Applications

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...

South African Registered Designs

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,...

Business Start-up Package

Business Start-up Package

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...

File Patent & Design Applications

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...