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Intellectual Property Law

This is a substantial and very specialised area of law but broadly encompasses the protection, enforcement, opposition and/or revocation of intellectual property rights both domestically, elsewhere within Africa and/or internationally. This field includes the registration, prosecution, renewal, enforcement, opposition and/or revocation of patents, trade marks, registered designs, plant breeders' rights and the like, as well as the conducting of searches on the current status of these intellectual property rights.  We will, in addition, also be able to provide you with specific guidance and advice in relation to anti-counterfeiting, copyright and/or domain name registrations and disputes.      

We will act as your primary point of contact for intellectual property-related matters but will work closely with one of our specialist, associate firms, which will be able to assist you with the following:--

Patents
  • domestic and foreign patent searches
  • drafting and/or updating of patent specifications
  • filing of provisional or final patent applications in South Africa
  • assistance with the filing of foreign patent applications in most countries outside of South Africa
  • filing of Patent Co-operation Treaty (PCT) patent applications
  • renewals of registered patents
  • oppositions to patent applications
  • applications for the infringement and/or revocation of patents granted

Trade Marks
  • domestic and foreign trade mark searches
  • filing and prosecution of trade mark applications in South Africa
  • assistance with the filing of foreign trade mark applications in most countries outside of South Africa
  • renewals of registered trade marks
  • oppositions to trade mark applications
  • applications for the infringement and/or revocation of trade marks granted
  • advice, guidance and assistance with anti-counterfeiting 
  • advice, guidance and assistance with domain name registrations and disputes

Registered Designs (also known as "design patents")
  • domestic and foreign registered design searches
  • registration of aesthetic designs and/or functional designs in South Africa
  • assistance with the filing of registered design applications in most countries outside of South Africa
  • renewals of registered designs

Plant Breeders' Rights
  • searches of the plant breeders' register
  • filing of registrations for plant breeder rights
  • renewals of registrations for plant breeder rights
  • oppositions to applications for plant breeder rights
  • applications for the infringement and/or revocation of registrations for plant breeder rights already granted

Assistance with other intellectual property-related issues
  • conducting brand valuations
  • due diligence investigations on intellectual property portfolios
  • structuring of intellectual property portfolios
  • advice and guidance on the tax implications of the purchase or sale of intellectual property
  • advice and guidance in relation to South Africa's exchange control regulations and their impact upon intellectual property rights 
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