Smit & Van Wyk Blog

PCT National Phase applications

PCT National Phase applications in Africa Smit & Van Wyk Intellectual Property law firm specialises in Patent PCT National Phase applications in most African countries including South Africa, Angola, Algeria, Botswana, Egypt, Nigeria, OAPI and ARIPO Contracting...

ECTA Annual Conference 2019

38th ECTA Annual Conference 2019 Wessel van Wyk will be attending the 38th ECTA Annual Conference. Trade Mark professionals from around the world will come together at the ECTA Annual Conference from 26 - 29 June 2019 in Edinburgh, Scotland. The conference will offer...

CIPC Official Fees Increase

CIPC Official Fees Increase THE INITIAL DATE  FOR IMPLEMENTATION OF THE CIPC OFFICIAL FEES INCREASE HAS NOW BEEN SUSPENDED INDEFINITELY. Clients being advised to pay full term renewals before the CIPC Official Fees Increase Increase in Patent and Design renewal fees...

GIPC 2019

GIPC 2019, India Global Intellectual Property Convention The GIPC is Asia’s leading conference on Innovation and IP for in-house Intellectual Property counsels, innovators and attorneys from around the world. Since 2009, more than two thousand delegates have...

PCT

PCT Patent Cooperation Treaty International Patent Law Treaty The Patent Cooperation Treaty or PCT is an international patent law treaty. The PCT provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A...

Paris Convention

Paris Convention The Protection of Industrial Property The Paris Convention applies to industrial property in the widest sense, including patents, marks, industrial designs, utility models, trade names, geographical indications and the repression of unfair...

Madrid Protocol

Madrid ProtocolInternational Registration of Marks The Madrid system for the international registration of marks established in 1891 functions under the Madrid Agreement and the Madrid Protocol. The Madrid System is a convenient and cost-effective solution for...

Berne Convention

Berne Convention Protection of Literary and Artistic Works The Berne Convention for the Protection of Literary and Artistic Works is an international agreement governing copyright accepted in Switzerland in 1886. The Berne Convention requires its...

Nice Agreement

Nice Agreement International Classification of Goods and Services The Nice Agreement establishes a classification of goods and services for the purposes of registering trademarks and service marks. The Nice Classification consists of a list of 34 classes for goods and...

Hague Agreement

Hague Agreement International Registration of Industrial Designs  The Hague Agreement governs the international registration of Industrial Designs - the Hague System allows industrial designs to be protected in multiple countries with minimal formalities. The Hague...

Locarno Agreement

Locarno Agreement International Classification for Industrial Designs The Locarno Agreement establishes a classification for industrial designs, from which the contracting states must indicate the classes and subclasses to which designs belong. This must also be done...

ARIPO Regional IP Database Launched

ARIPO Regional IP Database Launched The African Regional Intellectual Property Organization (ARIPO) is an inter-governmental organization which provides a regional industrial property system for English-speaking African countries. Last month, on 10...

Morocco to host 2019 All-Africa Games

2019 All-Africa Games: MoroccoThe Moroccan Youth and Sports Ministry announced on Monday that Morocco will be hosting the 2019 All-Africa Games (AAG), formally known as the All-Africa Games or the Pan African Games.  Equatorial Guinea was selected to host the event in...

Harley-Davidson’s biggest-ever TM infringement WIN

Harley-Davidson’s biggest-ever TM infringement WINMotorcycle manufacturer Harley-Davidson has secured $19.2 million (about R 231 081 600) victory in statutory damages for trade mark infringement from t-shirt designer SunFrog. This will be Harley-Davidson’s...

Major restructure for Zambia IP

Major restructure for Zambia IPFollowing the issuance of the commencement orders on new intellectual property acts, Zambia IP is currently under a major restructure in industrial property. The major changes consist of the following new acts: The new Patents Act, No....

INTA Annual Meeting 2018 – Seattle

We are once again pleased to announce that Smit & Van Wyk, Inc. will be attending the INTA Annual Meeting in 2018. Intellectual Property professionals, government officials and marketers from around the world will come together at the INTA Annual...

Zimbabwe registry still operational

We have received confirmation that operations at the Zimbabwe Registry and the ARIPO office which is based in Harare have not changed. The Registry office and ARIPO are operating as usual. The Zimbabwe Defence Forces (ZDF) announced that it had taken over the country...

Monkey Selfie Copyright Case

Case Updates 9 September 2017 - Photographer WINS the monkey 'selfie' lawsuit. David Slater, the photographer whose camera was used to take the photos of the crested macaques in Indonesia has agreed to donate 25% of any revenue and he will keep all of the remaining...

New Zambian Acts

Zambia: The following Zambian Acts mentioned below have now become operational: Patents Act (No.40 of 2016) (this replaces the previous Patents Act - Chapter 400 of the Laws of Zambia.) The Layout Designs of Integrated Circuits Act (No.6 of 2016) (this is a new Act)...

World IP day 2017

26 April offers a celebration of intellectual property and this year it will be the 17th World IP day - the anniversary of the day that the World Intellectual Property Organization Convention was activated in 1970. World IP day was brought into being with the...

Tesla vs Adidas Trademark

Tesla vs Adidas TrademarkTesla vs Adidas: American automaker Tesla, Inc. filed a trademark application in August 2016 for the new Model 3 logo. The Tesla Model 3 logo with three horizontal lines was going to cover a variety of classes including automobiles and...

Nestlé trademark case in Singapore

Nestlé trademark case in SingaporeThe Nestlé trademark case lost it’s appeal to protect Kit Kat shapes in Singapore. The two-finger and four-finger shapes of Kit Kat chocolate bars are not entitled to trademark protection in Singapore. Kit Kat chocolate wafers are...

Reusable ships to Mars

Reusable ships to MarsSpaceX Founder, CEO, and Lead Designer Elon Musk reveals his plans for a reusable ship to Mars. He will discuss the long-term technical challenges that need to be solved to support the creation of a permanent, self-sustaining human presence on...

Trademark Lawyers

Trademark lawyers are responsible for delivering legal advice regarding intellectual property, registrations of trademarks and litigation. It is vital for trademark lawyers to have thorough grounding in trademark law and working knowledge of related issues such as...

Provisional Patent Filing

When an invention is patented, it cannot be commercially made, used, distributed or sold without the owner’s consent.  A patent is an exclusive right granted for an invention or idea. In order to obtain patent protection in South Africa, the owner of the invention has...

World Anti-Counterfeiting Day

World Anti-Counterfeiting Day is celebrating its 18th year of fighting against counterfeit products and creating awareness about the costs associated with buying fakes. Criminals are exploiting consumers and supplying cheap, illegal counterfeits that pose serious...

Egypt PCT National Phase

Egypt PCT National Phase Patents Egypt Patents Applications Egypt PCT National Phase patents and protection through the Paris Convention.  PCT filings follows the international phase and consists in the processing of the international application before each Office of...

Patent Attorneys South Africa

Patent Attorneys South AfricaWhat are Patent Attorneys? Patent Attorneys South Africa deals exclusively with patents, PCT national phase applications and industrial designs. If your invention is new, inventive and useful, generally, a patent may be granted in terms of...

Patente und Marken in Afrika

Patente und Marken in Afrika Smit & Van Wyk, Inc. ist eine Spezialist Anwaltskanzlei die ausschließlich mit Patent- und Markenrecht in den meisten afrikanischen Ländern, OAPI und ARIPO zu tun hat. Unsere Praxisfelder umfassen alle Aspekte in Bezug auf Patente,...

Patent Pending Explained

The term “patent pending” is often seen as a marking on manufactured items. Patent pending can be shortened to "pat. pending" or also "pat. pend." All three methods used to mark manufactured items are valid. What does Patent Pending refer to? The term patent pending...

Copyright in Africa

How to Copyright in Africa In general, any original work made by a qualified person is eligible for copyright in Africa. Originality refers to the fact that the author must have created the work through the application of the author’s own creativity and labour. A...

Patents FAQ

Frequently Asked Questions about patents: What does it mean to have a patent? A patent owner has the right to decide who may use the invention for the period in which the invention is protected. A patented invention may not be used, distributed, imported, or sold by...

Trademark Laws in Africa

Trademark laws are set out in different trademark acts which generally describe marks in relation to goods/services for the purpose of distinguishing the goods/services from others. Trademarks may be registered with the relevant intellectual property office of each...

Patent Protection for Inventions

Amongst most African countries there is well developed patent protection for inventions. Since patents are most certainly the most restrictive types of intellectual property, it goes without saying that there are numerous regulations governing patens. Adaptations of...

Copyright Protection

Copyright ProtectionIntellectual Property can be split into Patents, Trademarks, Designs and Copyright. Copyright protection is the only form of intellectual property that does not have to be registered in South Africa and most African countries. Countries that are...

Trademark Protection in Africa

Trademark Protection in AfricaIn order to obtain trademark protection in Africa, it is advised that you register for trademark protection in those specific countries you are going to trade with. By registering your trademark, you show that your mark has priority...