Intellectual property
Areas of expertise
Our main service areas are:
Branding/trademarks
• advice on registrability searches and filing of trademark applications
• portfolio management
• advice on the acquisition of rights in trade names, unregistered trademarks, trade dress and logos
• trademark opposition, infringement and revocation proceedings
• negotiating and preparing agreements for the purchase, sale, licensing or hypothecation of trademarks
• exploitation of brands including worldwide business expansion through franchising
• anti-counterfeiting programmes
Copyright
• advice on direct and indirect copyright infringement
• advice on the subsistence of copyright and the authorship and ownership thereof
• negotiating and preparing copyright agreements
• parallel import disputes
Patents
• advising on patent filing strategies and the building and maintaining a patent portfolio
• preparation of patent specifications and filing of both local and international patent applications in a large range of technologies
• acquisitions and disposals of individual patents or patent portfolios
• risk assessments in relation to patent infringement on new product launches actions for unjustified threats of patent proceedings
• advising as to ownership of patents and technology with respect to employees or in research and development projects or collaboration agreements
• dispute resolution either through the courts or alternative dispute resolution procedures
Designs
• advising on the registration and protection of designs
• preparation and filing of both local and international design applications
• management of design portfolios
• advising on ownership issues in research and development projects, collaborations and joint ventures
• advising on the acquisition of design rights
• negotiating and preparing agreements for the purchase, sale or licensing of design rights
• exploitation of designs
• dispute resolution either through the courts or alternative dispute resolution procedures
Transactional IP
• advising on the IP and technology aspects of corporate transactions such as M&A, joint ventures and investment transactions
• due diligence
• reviewing ownership and valuation of IP portfolios
• drafting, review and negotiation of IP agreements of all kinds including sale, purchase and licensing agreements, exploitation agreements and joint venture agreements
Additional services
• domain name registration, clearance, management and disputes
• ambush marketing and advice on the Merchandise Marks Act
• advice on remedies in terms of the Counterfeit Goods Act
• company and close corporation name objections
• passing off and unlawful competition