EXPERTISE
Our firm offers specialised expertise in:
PATENTS
From initial filings to prosecution and enforcement, we assist clients in securing patent protection that secures their technological advancements.
TRADEMARKS
Protect your brand’s identity with our comprehensive trademark services, including registration, enforcement, and global portfolio management.
DESIGNS
Safeguard your innovative designs with registration and enforcement services.
IP LITIGATION
Representing clients in IP disputes and litigation proceedings
IP ADVISORY
Providing strategic advice on IP portfolio management and commercialisation.
PATENTS
Navigating the complexities of the South African patent system requires expert legal guidance
Our law firm specializes in patent law, offering tailored services to ensure your inventions are protected. We assist with filing applications, managing renewals, and addressing legal challenges, leveraging our deep understanding of both local and international patent regulations. Trust us to safeguard your innovations and optimize your patent strategy in South Africa and beyond. Contact us to discuss how we can support your intellectual property needs.
In South Africa patents are governed by the Patents Act, 1978, administered by the Companies and Intellectual Property Commission (CIPC). The filing process involves submitting a patent application, which includes a detailed description of the invention, claims defining the scope of the patent, and any necessary drawings. The invention must meet criteria of novelty, an inventive step, and industrial applicability.
Patent Applications
In order to file a patent, we will need the following details from you:
TIMELINE
Patent Application Filing
TRADEMARKS
Filing trademarks in South Africa and throughout Africa presents distinct challenges and opportunities
South Africa has a robust legal framework for trademarks, supported by an active IP community and a well-established system for safeguarding intellectual property rights.
While South Africa provides a relatively organised setting for trademark registration, the broader African continent requires substantial enhancements in legal infrastructure, professional knowledge, and international collaboration to improve IP protection efficacy. Fortunately, ongoing discussions and legal advancements indicate a gradual yet positive transformation in the IP landscape throughout Africa. Regional efforts like the OAPI and ARIPO systems aim to simplify trademark registration across multiple countries.
Partnering with a knowledgeable and experienced legal firm is essential to navigate these complexities effectively. Our firm specialises in intellectual property law across Africa, providing comprehensive trademark services tailored to your needs.
From initial trademark searches and filings to enforcement and dispute resolution, we offer strategic guidance to protect your trademarks. With our deep understanding of local and international IP laws, we are well-equipped to handle the unique challenges of the African IP landscape. Trust us to safeguard your brand and help you maximise your intellectual property assets.
Trademark Applications
To make the trademark application process run smoothly, we have compiled a list of what you will need to start the trademark filing process:
Name of Inventor
Details of Applicant
Trademark / Logo
Translation
International Classification
Description
Power of Attorney
Priority Document
TIMELINE
Trademark Application Filing
DESIGNS
Registering designs with the Companies and Intellectual Property Commission (CIPC)
is crucial for companies looking to safeguard their innovative designs and maintain a competitive advantage in the market.
The design registration process offers legal protection, which is vital for protecting against unauthorised replication and imitation. The historical backdrop of design registration reveals that millions of designs have been registered globally. Companies employing distinct competitive strategies, such as cost leadership or differentiation, can effectively utilise registered designs to counter IP infringement. The rapid evolution of digital environments often surpasses legal frameworks, demanding careful consideration of the nuances of using registered and unregistered designs in such contexts. Innovative techniques for design document registration, like those preventing recurring faults and enabling fault instance regeneration, illustrate the continuous progress in design support systems. In essence, registering designs with the CIPC entails a multifaceted process involving navigating legal frameworks, leveraging historical insights, and adapting to technological advancements to ensure robust protection of innovative designs.
The Designs Act 195 of 1993 in South Africa provides a framework for protecting both aesthetic and functional designs. Here's an overview of its key provisions:
Types of Designs Protected
Aesthetic Designs: These are designs applied to any article, whether for the pattern, shape, configuration, or ornamentation, which appeal to and are judged solely by the eye.
Functional Designs: These are designs applied to any article for the pattern, shape, or configuration which are necessitated by the function which the article is to perform.
Requirements for Protection
Duration of Protection
Rights Conferred The registered design owner has the exclusive right to exclude others from making, importing, using, or disposing of any article embodying the registered design.
Infringement and Enforcement Infringement of a registered design occurs when a third party, without the consent of the design owner, makes, imports, uses, or disposes of an article that embodies the registered design. The design owner can take legal action against the infringer to seek remedies such as injunctions, damages, or an account of profits.
Exceptions and Limitations Certain acts do not constitute infringement, such as private and non-commercial use, experimental use, and acts done for teaching purposes.
Licensing and Assignment The rights in a registered design can be licensed or assigned. Licensing agreements must be in writing and registered with the CIPC.
Cancellation and Rectification A registered design can be challenged and cancelled if it is proven that it was not new or original at the time of registration or that the registration was obtained by fraud.
We provide expert guidance on all aspects of design protection, from registration and enforcement to strategic advice and dispute resolution. We understand the intricacies of South African IP law and are dedicated to helping you navigate the legal landscape to protect your designs and innovations effectively. Reach out to us for personalised, professional assistance tailored to your unique needs in the field of intellectual property.
