Intellectual property law south africa

  • Does South Africa have intellectual property rights?

    IP law gives individuals and businesses property rights to their original works, so that they can profit from their ideas and inventions exclusively and receive the recognition that they deserve.Dec 1, 2020.

  • How long does intellectual property last in South Africa?

    Subject to exceptions (depending on the category of work), works in South Africa are protected for the lifetime of the author plus 50 years from the end of the year in which the author dies..

  • What is the intellectual property law Act South Africa?

    Under South African law, an owner of an IP right is entitled to prevent others from using and/or exploiting economically its IP without its consent..

  • What is the intellectual property rights law in South Africa?

    The Act will create a new system of IPRs specific to traditional knowledge in South Africa.
    The Act amends the provisions of various intellectual property laws of South Africa relating to indigenous knowledge, including the Performers' Protection Act,82 the Copyright Act,83 the Trade Marks Act84and the Designs Act..

  • What is the patent law in South Africa?

    The Patent Law in South Africa requires that an invention meets three important conditions: Novelty, Usefulness and Inventiveness.
    Under the Patent Law the invention must be completely new..

  • What is the South African intellectual property Organisation?

    SAIIPL is an institute that represents patent attorneys, patent agents, trade mark practitioners and academics in South Africa who specialise in intellectual property law.
    SAIIPL is widely regarded as the custodian of South Africa's intellectual property rights..

  • Who is in charge of intellectual property in South Africa?

    Companies and Intellectual Property Commission (CIPC) administer the following IP domains in South Africa: trademarks, patents, designs and copyright (films only).
    It's important that you manage your IP to ensure you get the best protection and the most out of your idea/invention..

  • Patent infringement proceedings can be brought by application to the court of the Commissioner of Patents or by action.
    The latter is more intricate and more expensive but is more suitable where the issues are complicated and/or go beyond a mere application for an interdict.
Dec 1, 2020IP law gives individuals and businesses property rights to their original works, so that they can profit from their ideas and inventions 
The main IP rights available in South Africa are: trade marks, patents, designs, copyright, plant breeders' rights and traditional knowledge. Links to the relevant legislation are below. Trade secrets and confidential information are protected by common law only.
Under South African law, an owner of an IP right is entitled to prevent others from using and/or exploiting economically its IP without its consent.

Does South Africa protect intellectual property rights?

The South African Constitution already protects intellectual property rights (IPR) from arbitrary deprivation and in recent decades, South Africa has made significant strides in the just protection, administration, management, and deployment of IP.

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Does the Intellectual Property Act apply to traditional works?

Act shall, except in so far as is otherwise provided in the said chapter, and in so far as they can be applied, apply to traditional works. (2) Nothing in this chapter shall be construed as conferring any rights on any person in respect of intellectual property which is not a traditional work. 28B.

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Patents

A patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent.
A patent is a limited property right the government gives inventors in exchange for their agreement to share details of their inventions with the public.
A patent is a right that may be grante.

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Trade Marks

A trade mark, generally speaking, is any mark used, or proposed to be used, to identify goods or services, and to distinguish those goods and services from identical or similar products or service offerings in the trade.
A ‘mark’ can be any sign represented graphically, including a device, name, signature, word, letter, numeral, shape, configuratio.

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What are intellectual property law services?

Our Intellectual Property law services assist our clients with protecting, enforcing and commercialising their intellectual property.
Contact us for more information on our IP services, as well as legal advice thereof.
How can we help you? .

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What is the scope of patent law in South Africa?

The scope of patent legislation is wide.
Section 25 of the South African Patent Act 57 of 1978 specifies that:

  • “A patent may..be granted for any new invention which involves an inventive step and which is capable of being used or applied in trade or in- dustry or agriculture”. (SA Chapter 5.

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