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Intellectual Property

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Smit & Van Wyk Patent, Trademark & Registered Designs

Registered Designs

South Africa Designs

South Africa Designs

A South African registered design protects the appearance of an article, unlike a patent which protects the underlying invention on which an article is based. Even though the underlying principle of...

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,...

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...

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Industrial Designs

What is industrial design? An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article,...

South Africa Designs

Design protection in South Africa

Design protection in South Africa is awarded based on the article appearance and not the underlying invention of the article. Design protection is cheaper than patent protection and is often in...

File Patent & Design Applications

Registered Design Renewals

Registered designs (South Africa) must be renewed within the allotted timeframe and must be done on the 3rd anniversary of the registration. There is a six months grace...

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Application for Design Registration

Applications for design registrations are filed at the Companies and Intellectual Property Commission in Pretoria. Some designs are necessitated by function and others are aesthetic, although it is...

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Aesthetic vs Functional Designs

The difference between aesthetic and functional designs are briefly explained below to help you make an informed decision regarding the appropriate section for your specific design. In both cases, a...

Scott Summit’s breathtaking Prosthetic designs

Scott Summit’s breathtaking Prosthetic designs

Industrial designer Scott Summit founded Bespoke Innovations in 2010 in collaboration with an orthopaedic surgeon, to create breathtaking artificial limbs that the patients themselves can choose and...

File Patent & Design Applications

Registered Designs

A registered design protects the appearance of art, unlike a patent which protects the underlying invention on which an article is based. The appearance of an object may be protected by...

South African Registered Designs

Concept Design

Concept design is a form of illustration where the main goal is to present a design for use in films, games, animation, or products, cars, buildings, before it is put into the final...

The International Design Alliance – IDA

The International Design Alliance – IDA

The IDA (International Design Alliance) is a venture between the international organizations that represent design and aim to bring the benefits of design to world bodies, governments, business and...

Design Rights in South Africa

Design Rights in South Africa

Design rights refer to the intellectual property rights associated with the shape, patterns, and configuration of an item, combination of texture, shape and patterns as well as ornamentation...

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Design Applications

Design applications don't have not be complicated although the various terms and conditions may become confusing. A South African registered design protects the appearance of an article, unlike a...

File Patent & Design Applications

Enforceability of a Registered Design

An enforceable right is only obtained once a design has been registered. A design is only registered by the South African Designs Office a few months after...

File Patent & Design Applications

How long does a Design Application take?

A Design application usually takes about eight months from the date of filing the application until notification of registration is received from the South African Designs Office. If...

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

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

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

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

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...

Foreign IP filings into Africa

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...

2021 Client Choice Awards

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

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...