A guide to intellectual property law in South AfricaIn South Africa, intellectual property (IP) law encompasses all legislation which concerns patents, designs, trademarks and copyright protection. Intellectual property refers to assets which are intangible, making them easily susceptible to exploitation by third parties, which were created through human intellect. IP law is taken seriously in South Africa and across the world due to its power in protecting intangible intellectual property which can hold immense value. It is crucial for intellectual property to be protected legally in order to restrict the usage of what is rightfully that of the inventor or creator. The other main purpose of IP law, and the mission of IP law firms operating across Africa, is to encourage the creation of intellectual goods. By giving people and businesses property rights to what they create, the desire to innovate is stimulated through economic incentives due to the fact that they have the right to profit exclusively from their inventions and ideas. Types of IP ProtectionIn South Africa, there are four main types of IP protection:
Copyright exists automatically upon creation of the work if it is in the class of work recognised by the Copyright Act. Your work therefore does not have to be registered for copyright, unless it is a film whereby a copyright lawyer can help you register.
The filing and prosecution of registered design applications, as well as the enforcement of design rights, can all be handled by expert attorneys who specialise in IP law. Looking for IP Attorneys in Pretoria, or Across Africa?For advice on registering your idea or creation, how it can be protected and what can be done if infringement occurs, get in touch with attorneys who specialise in IP law. Attorneys in Pretoria include those from Africa’s leading IP law firm who provide clients across the African continent with a full range of legal services in relation to intellectual property rights. |