Areas of Law and Guides
Is somebody infringing your IP rights? Do you want to protect your design? Do you want to register your IP with the CIPC of SA? Ask a qualified Lawyer your IP question today!
Intellectual Property Law
e.g. A trade mark is a brand name, a slogan or a logo. It identifies the services or goods of one person and distinguishes them from the goods and services of another.
e.g. A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. The patent provides protection for the owner, which gives him/her the right to exclude others from making, using, exercising, or disposing of the invention, offering to dispose, or importing the invention.
In order to protect Intellectual Property in South Africa, you need to ensure that it is registered with the Companies and Intellectual Property Commission of South Africa.
But what happens if somebody else is infringing on your patent or trade mark rights? Can you sue that person/company? What can you actually do in order to enforce your rights?
Most recent Articles posted
The SCA has upheld an appeal by SARS justifying its decision to seize 19 containers of cheap clothes from China, reports Fin 24.
It was not all smooth sailing for a cigarette manufacturer when it tried to convince some of the country’s top judges that the words Pacific and Atlantic were actually the same thing.
In a watershed case to be heard in the Constitutional Court on 12 May, Blind SA and Section27 will highlight the unconstitutionality of the Copyright Act of 1978 for limiting access to books for persons who are blind or visually-impaired.
A company in Gqeberha that sold counterfeit Volkswagen goods was convicted and fined R17 000 by an Eastern Cape court this week.
The SCA has upheld the authority of the Advertising Regulatory Board (ARB) to adjudicate on complaints by members that are also binding on non-members.
The Western Cape High Court has dismissed an application by Golden Fried Chicken (Pty) Ltd – the owners of Chicken Licken – who alleged trademark infringements in relation to the word ‘soul’, against a Plettenberg Bay restaurant formerly trading as ‘East Coast Soul Kitchen’.
Online content producers are up in arms about the new Films and Publications Amendment Act (FPAA), with AfriForum warning that it is 'patently illogical, unlawful and irregular'.
You are tired of the nine-to-five, but you have a great business idea. You decide that you are resigning first thing Monday morning to spend the next month getting your ducks in a row to start your cash cow, but you have no idea where to start? That is where most people start. If you do not know where to begin, read this post.
Two local arms manufacturers are locked in a court battle over a dispute about the ownership of the intellectual property (IP) of an armoured military vehicle.
An Eastern Cape man is seeking to have the courts bar the use of the Springbok emblem, arguing it is an illegal and gratuitous display of an apartheid symbol.
The battle for the word ‘butter’ came under the spotlight in the Gauteng High Court (Pretoria) when Clover took on Stork about the its latest ‘butter spread’.
In a first for African food, Rooibos, which is grown in the Cederberg mountains, has received the international protection designation from the European Commission.
Software developer Neil Harvey is confident that after a 14-year battle over what he describes as ‘rampant copyright theft’, a judge could order Medscheme, owned by the JSE-listed AfroCentric, to pay a huge R370m, plus interest.
A highly-contested and expensive case between Nkosana Makate and Vodacom has resulted in bad precedence in the field of company law on the issue of ostensible authority.
When Koni Multinational Brands launched Connie Men Active Shower Gel, a product in competition with Nivea Men’s established brand and which featured an arguably similar get-up – Nivea’s parent company Beiersdorf AG sued for ‘passing off’.
A senior partner at a leading SA law firm has scored a victory for Nivea in its battle with actress Connie Ferguson's beauty products company, but Gérard du Plessis faces a fight of his own after the SCA reported him to the Legal Practice Council for allegedly attempting to mislead five judges.
A tiny KZN honey enterprise is in a battle with corporate giant Food Lover’s Market (FLM) over it trademark, Nature’s Gold.
The blueberry industry could be at risk because of an intellectual property dispute, according to the South African berry producers’ association, Berries ZA.
The SCA has interdicted a company from selling two products which purport to be whisky. It also restrained the company from representing the products as being whisky or whisky-flavoured when they were not, and as having an alcohol content of 43% or higher when they did not.
In response to the scramble to find a cure and be the first to own patent rights to a vaccine against the coronavirus, the question arises whether current and future research in the fight against Covid-19 is even patentable.