If we want to look at how IP is shaping agriculture, we first need to understand what IP is, and what it stands for. Intellectual Property is a term that is used to describe the creation of...
Intellectual Property
Insights
Intellectual Property
Algeria Designs
Types of Designs: Industrial Designs Filing Requirements: Simply signed Power of Attorney (must be filed within 2 months of the filing date) Drawings, photographs or 2 specimens of the design...
Algeria Patents
Types of Patents: Patents of Invention Patents of Addition National Phase PCT Application Filing Requirements: Non-PCT applications: Simply signed Power of Attorney (must be filed within 2 months of...
Algeria Trade Marks
Types of Trade Marks: Collective marks Standard marks Filing Requirements: Simply signed Power of Attorney (separate Power of Attorney is required for each application) Details of the Applicant...
Domain Names
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...
Common Law Tort of Passing Off
A question that inevitably arises is whether unregistered trade marks are afforded protection in South Africa and if so, to what extent. South African trade mark law is hybrid legal system governed...
Senegal
Intellectual Property in SenegalSmit & Van Wyk assists with the protection of Intellectual Property in Senegal, including the filing, prosecution and enforcement of patents, designs, trade...
Cameroon
Intellectual Property in CameroonSmit & Van Wyk assists with the protection of Intellectual Property in Cameroon, including the filing, prosecution and enforcement of patents, designs, trade...
Burundi
Intellectual Property in BurundiSmit & Van Wyk assists with the protection of Intellectual Property in Burundi, including the filing, prosecution and enforcement of patents, designs, trade...
Burkina Faso
Intellectual Property in Burkina FasoSmit & Van Wyk assists with the protection of Intellectual Property in Burkina Faso, including the filing, prosecution and enforcement of patents, designs,...
South Africa
The Smit & Van Wyk team of experienced intellectual property attorneys are able to provide legal advice regarding your patents, trade marks and copyright. We are a specialist...
South Africa Designs
South Africa registered designs are split into two sections. 1. Aesthetic design which protects the appearance of an article, irrespective of the aesthetic value thereof (such as cell phones covers...
South Africa Patents
South Africa patents have a duration of 20 years and annual renewal fees are payable from the 3rd anniversary of the filing date. South Africa is a member of PCT and the Paris...
South Africa Trademarks
South Africa trademarks are valid for 10 years from the filing date and are renewable every 10 years thereafter. In South African trade mark law first-to-use is superior to first-to-file....
South Africa
Intellectual Property in South AfricaSmit & Van Wyk assists with the protection of Intellectual Property in South Africa, including the filing, prosecution and enforcement of patents, designs,...
Patent Acceptance in South Africa
Patent Acceptance in South Africa – Delay vs Expedited South Africa has a non-examining patent system, which means that once the formal requirements are complied with, a South African patent...
Benin
Intellectual Property in BeninSmit & Van Wyk assists with the protection of Intellectual Property in Benin, including the filing, prosecution and enforcement of patents, designs, trade marks,...
Tanzania
Intellectual Property in TanzaniaSmit & Van Wyk assists with the protection of Intellectual Property in Tanzania, including the filing, prosecution and enforcement of patents, designs, trade...
Tunisia
Intellectual Property in TunisiaSmit & Van Wyk assists with the protection of Intellectual Property in Tunisia, including the filing, prosecution and enforcement of patents, designs, trade...
Zanzibar Trademarks
Zanzibar trademarks are valid for 10 years from the filing date and are renewable every 7 years thereafter. Generally speaking, a trademark is a name, signature, word, letter, numeral, shape,...
Central African Republic Trade Marks
International and Regional Systems: Paris Convention PCT OAPI Member of OAPI, a regional filing system which covers Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo. A single application automatically covers all countries mentioned above. It is not possible to designate the countries of interest. For more information, please refer to OAPI.
Foreign IP filings into Africa
According to estimates, Africa’s population will reach 2.4 billion by the year 2050. This will, in turn, create considerable opportunities in terms of economic growth which also creates...
Gambia to join the Banjul Protocol
On 3 May 2021, Gambia deposited its instrument of accession to the Banjul Protocol on Trade Marks. Thus, Gambia may be eligible for designation in ARIPO from 3 August 2021 - Gambia to join the...
Banjul Protocol Update 2020
On 15 May 2020, the Government of the Republic of Mozambique deposited its instrument of accession to the Banjul Protocol on Marks. The instrument of accession is pursuant to a previous resolution...
Uganda Trade Mark Regulations Amendments
“The Trademarks Act No.17, 2010 was recently amended by the Trademark (Amendment) Regulations No. 9 of 2021”. Uganda has recently amended its Trade Mark Regulations, bringing about several...
Protecting Innovations, indirectly through AfCFTA
The African Continental Free Trade Area AfCFTA is a free trade area founded in 2018, with trade commencing as of 1 January 2021. It was created among 54 of the 55 African Union nations. One of the...
Granting of a compulsory license for pharmaceuticals
In the event that an interested person discovers, through what ever means, a patented product that is still in force, and that person wishes to make use of that patent in South Africa, the person...
Legalisation of Private Use of Cannabis in South Africa
In September 2018, a landmark decision by the Constitutional Court in South Africa legalised certain acts in relation to cannabis. In particular, the court ruled that the private cultivation,...
Recent Increase in Trade Mark Filings in South Africa
According to the World Intellectual Property Organisation (WIPO), South Africa is currently grouped under middle-income countries, amongst other African countries such as Egypt and Algeria. In...
2021 Client Choice Awards
Congratulations to Esmari Jonker on being named a 2021 Client Choice Award Winner! All winners of the 2021 Lexology Client Choice Awards were announced on the 14th of October 2021 and Esmari Jonker...
CIPC File Transfer Notice
Companies and Intellectual Property Commission (CIPC) File Transfer Notice The South African CIPC has commenced with the second stage of the large-scale file transition to a new bulk storage...