Expertise in Intellectual Property Law and Commercial Innovation

Trademarks serve to distinguish the brand owners goods or services from the goods or services of others. A trademark is, generally speaking, any sign or indication which can be represented graphically, is used or proposed to be used and may include a word or words, device, a combination of letters and/or numbers, a logo or a container for goods.

Our trade mark practice advises on the selection, availability, use, protection, licensing, transfer and enforcement of trade mark rights, nationally and internationally.

Where trade mark disputes arise we aim to negotiate co-existence and settlement agreements and where this is not possible, we enforce and defend our clients’ rights through litigation, opposition and cancellation procedures.

The maintenance and management of trade mark portfolios is a central area of activity, which we conduct with diligence for a number of high profile trade mark proprietors, in particular in the food and beverage industries.

Copyright may vest in works originated by authors and creators of literary, musical, artistic and other works recognized by the Copyright Act, including computer programs.

Unlike a trademark, patent and design copyright (with the exception of copyright in cinematograph films) is a non-registrable right which automatically comes into existence when a work is reduced to material form. It has a limited lifespan, generally twenty years after the death of the author. By owning the copyright in a work, the owner has the right to the exclusive use of the work and can control the commercial exploitation thereof, either personally or by licensing others to do so. We provide advice to prevent and protect copyright infringement, enforce such rights and draft license agreements, as may be appropriate.

Patents relate to inventions and innovations and afford the patentee the exclusive right to manufacture, import, use, distribute or sell the patented invention or patented technology in the country where it is patented. We assist our clients in identifying, prosecuting and registering patent rights and cooperate with leading patent attorneys in South Africa and abroad in all disciplines of patent law and on a wide range of technologies, nationally and internationally.

Designs may be obtained by registration to protect the particular appearance and shape of industrial articles. Where patents relate to inventions and innovations registered designs specifically protect the shape and configuration of an article to which the design is applied

As brands become successful and valuable business assets, counterfeiting and piracy becomes a growing challenge to trade mark proprietors.

We work with leading investigators and government institutions and assist clients in identifying counterfeiting activities and perpetrators and offer anti-counterfeiting monitoring and enforcement through criminal and or civil prosecution.