SOUTH AFRICA Intellectual Property

Patent Agent South Africa | Trademark Agent South Africa

Smit & Van Wyk, Inc. Intellectual Property law firm and intellectual property agent for Africa, including South Africadeals exclusively with patent and trademark law. Our qualified and experienced intellectual property lawyers are able to give you the best legal advice regarding your patents and trademarks in most African countries. Our fields of practice encompass all aspects relating to patents, design, copyright and trademarks. 

Patents  •  Designs  •  Trade Marks
South Africa is a country on the southernmost tip of the African continent. South Africa has the 2nd largest economy in Africa (after Nigeria) and is one of most industrialised countries on the continent. South Africa is an upper-middle-income economy rated by the World Bank. South Africa has a strong banking sector and is the only African member of the G-20 group.

IMPORTANT NOTICE

CIPC Renewals Increase

The South African Patents and Designs Office will implement a distinction between Small, Medium and Micro Enterprises (SMME’s) and corporate entities. These changes will impact all official fees charged by the Companies and Intellectual Property Commission (CIPC).

THE INITIAL DATE  FOR IMPLEMENTATION OF THE INCREASE IN RENEWAL FEES HAS NOW BEEN MOVED TO 1 OCTOBER 2019.

Trade Marks

Nice Classification ✓
Madrid System ✘
Multi-class Applications ✘
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Registration Timetable:
From Filing to Registration, 2 – 3 Years.

Duration and Renewal:
10 years with optional 10-year renewal periods.

South Africa is a First to Use country.
(whomever first USES the mark gets the rights)

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Patents

Paris Convention ✓
PCT ✓
Examination ✘
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Registration Timetable:
Complete Patent, 12 – 18 Months.

Duration and Renewal:
20 years with annual renewal fees from the 3rd anniversary of the effective date.
No possible extensions.

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Designs

Paris Convention ✓
Locarno Classification ✓
Hague Agreement ✓
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Registration Timetable:
Registered Design, 12 – 18 Months.

Duration and Renewal:
Functional design has a duration of 10 years, and an Aesthetic design has a duration of 15 years. Both have annual renewal fees from the 3rd anniversary of the effective date. No possible extensions.

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Copyright

Copyright does NOT have to be registered in South Africa.

Copyright Duration:
Literary, Musical or Artistic Works – the life of the author plus 50 years following death.
Films and Photographs – 50 years from the end of the year in which the work is made publicly available.
Sound Recordings – 50 years from the end of the year in which the recording is first published.
Broadcasts – 50 years from the end of the year in which the broadcast first takes place.
Programme-carrying Signals – 50 years from the end of the year in which the signals are emitted to a satellite.
Published Editions – 50 years from the end of the year in which the edition is published.

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Economy

South Africa’s key economic sectors:
Mining, agriculture and fisheries, vehicle manufacturing and assembly, food processing, clothing and textiles, tourism, energy, transportation, telecommunication, real estate, financial and business services and wholesale and retail trade. South Africa is one of the world’s leading mining and mineral-processing countries.

South Africa is one of world’s largest producers of:
Chicory roots, grapefruit, cereals, green maize and maize, castor oil seed, pears, sisal, fibre crops.

Main Export Partners (2016):
China, United States, Germany, Botswana, Namibia.

Main Import Partners (2016):
China, Germany, United States, India, Saudi Arabia, Japan.

Other African Countries Intellectual Property:

Angola Intellectual Property AgentThe Republic of Angola is the seventh-largest country in Africa, bordered by Namibia, the DRC and Zambia. The Economy of Angola is one of the fastest-growing in the world while recovering from 27 years of the civil war.

Botswana Intellectual Property AgentBotswana is a landlocked country in Southern Africa with up to 70% of its territory being the Kalahari Desert. Botswana is currently Africa’s oldest continuous democracy and adopted its new name after becoming independent within the Commonwealth on 30 September 1966. 

Egypt Intellectual Property Agent: The Arab Republic of Egypt, home of the colossal Pyramids and the Great Sphinx, is a Mediterranean country bordered by the Gaza Strip and Israel, Sudan and Libya. Egypt has one of the longest histories of any country, and one of the largest and most diversified economies in the Middle East.

Ethiopia Intellectual Property Agent: Ethiopia is the second-most populous country in Africa and used to be the 3rd poorest country in the world. The Ethiopian government is in the process of privatising many of the state-owned businesses and moving toward a market economy.

Namibia Intellectual Property AgentNamibia is one of the most fascinating countries in the world but is still a developing country due to income inequality. Namibia has been an independent country since 1990 when it earned sovereignty from South Africa. 

Nigeria Intellectual Property Agent: The Federal Republic of Nigeria is a country located in West Africa. Nigeria has one of the world’s highest economic growth rates but poverty still remains significant at 33.1%. 

Rwanda Intellectual Property Agent: Rwanda, officially the Republic of Rwanda, is one of the smallest countries on the African continent and bordered by Uganda, Tanzania, Burundi and the DRC. 

South Africa Intellectual Property Agent: South Africa is a country on the southernmost tip of the African continent. South Africa has the 2nd largest economy in Africa (after Nigeria) and is one of most industrialised countries on the continent.