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
Firm wins restraint of trade bid against retiree
The Labour Court in Johannesburg has barred a former manager from working with a competing coffin and casket business after finding he breached a restraint of trade agreement by helping establish a rival company that targeted his former employer's customers.
Mondi SA has won a company name dispute after the Companies Tribunal ordered a company called Mondi Workplace Services to change its name, finding it is confusingly similar to Mondi SA’s name and trademarks, reports Business Day.
Photographer’s copyright appeal bid dismissed
The copyright dispute between renowned photographer Trevor Stuurman and women's art group Woza Sisi Collective has taken a dramatic turn, with Stuurman facing a costly legal setback after unsuccessfully challenging a court order that halted his exhibition in May.
Adcock barred from selling painkiller
Adcock Ingram has been barred by an order from selling and distributing its newly launched painkilling drug, Lenbucod, which the Gauteng High Court (Pretoria) found infringed Aspen’s Mybucod trademark rights.
ANC asks SCA to review MK logo ruling
The ANC has approached the SCA to review the KZN High Court's dismissal of the party's claim to the MK logo in a trademark dispute between Luthuli House and former President Jacob Zuma's MKP.
Local oncology firm wins patent fight
The University of California’s (UC) governing board has suffered a legal setback in SA after the Court of the Commissioner of Patents revoked its patent over a lucrative life-extending prostate cancer drug.
Liquor brand takes on newcomer in rights dispute
Western Cape High Court Acting Judge RK Parker had to decide on the battle of the liqueur trademarks – the well-known SA Amarula versus Afrula – which was said to be a newcomer to the SA market.
L'Oreal competitor loses copyright appeal
The Advertising Appeals Committee has upheld the Advertising Regulatory Board's (ARB's) ruling in favour of L'Oreal SA, which previously complained that a rival's products copied the packaging of its Cerave skincare range.
Battle over dry fruit formula heats up
The protection of the secret formula of a substance to aid the drying of fruit – especially raisins and sultanas – came under legal scrutiny with the company that developed the formula turning to court to stop a former director from competing in this field by sharing it.
Ruling resolves peanut butter dispute
A battle of the peanut butters has raged in the Gauteng High Court (Johannesburg), with the owners of the trademark ‘Vita Nut’ challenging a competitor’s use of the name ‘Vita Nuts’ for its product.
ANC gets go ahead to appeal MK trademark ruling
The KZN High Court (Durban) has granted the ANC leave to appeal against an order dismissing its trademark infringement case against the MKP.
ANC’s logo dispute ‘dead on arrival’
Former President Jacob Zuma arrived late at the KZN High Court (Durban) yesterday, walking in minutes after ANC lawyers told the court they were seeking an order to force the MKP he leads to change its name and logo.
Takis Biltong fought a nine-year battle all the way to the SCA to protect its trademark against infringement by Mexican-registered company Grupo Bimbo, which was found to be selling tortilla chips in SA under the name Takis Fuego.
Global authors take aim at controversial copyright Bill
A global network of authors' societies is asking the National Assembly not to adopt the Copyright Amendment Bill. The Bill, which was initially turned down by the President nearly four years ago, is up for reconsideration by the National Assembly this week.
FNB fails trademark bid by UAE’s biggest bank
FirstRand has tried in vain to bar UAE's largest bank by assets – First Abu Dhabi Bank (FAB) – from applying for a trade name under the FAB banner, failing to convince the court that the trademark application infringes that of its subsidiary, FNB.
Rugby union wins ambush marketing case
The South African Rugby Union (Saru) has won the legal battle to have food company Eskort cease its ambush marketing campaign using the Springboks, reports TimesLIVE.
Distributor gets deadline to reveal source of fake shoes
Carvela shoes have become symbols of style, affluence and street-cred among a fashion-conscious sector in SA.
Provita loses Snactive court challenge
Provita owner National Brands, a subsidiary of AVI, has lost a trademark battle against competitor Snactive after the Gauteng High Court (Pretoria) concluded its rights did not extend to its biscuit's characteristics.
FNB fails to block FAB trademark
FirstRand has tried and failed to bar Abu Dhabi’s leading banks from using the FAB trademark, which it says resembles that of its FNB subsidiary.
ConCourt upholds ARB's Colgate brand ruling
Colgate-Palmolive SA has won its long-running battle with Bliss Brands over the packaging of Bliss’ Securex soap, which Colgate claimed was similar to its Protex brand.
