Trade Marks, Designs and Patents in Africa
Smit & Van Wyk deals with Intellectual Property in Africa. Our qualified patent, trade mark and copyright lawyers have the knowledge, experience and resources to give expert legal advice regarding intellectual property portfolios. Our specialist team of IP Attorneys will assist with patent PCT applications in South Africa and across Africa as a whole. We can assist with the filing, registration, prosecution and enforcement thereof. Our firm serves as a portal to the African continent for many foreign associates and multinational corporations. Smit & Van Wyk acts as a patent agent as well as a trade mark agent for the whole African continent (including OAPI and ARIPO). We also file trade marks, designs and patent PCT applications for our South African clients into foreign markets, while also assisting our foreign clients who wish to file in South Africa or the rest of Africa.
At Smit & Van Wyk, it is our mission to provide unparalleled service to our treasured clients by developing dynamic solutions which are tailored to suit individual Intellectual Property needs. The key to achieving this lies with our vibrant people, who are eager to go beyond the call of duty. This can-do attitude is our legacy, setting us apart from the rest. As we continue to grow, we look forward to sharing this legacy with clients and employees alike.
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Smit & Van Wyk provides a full range of Intellectual Property legal services in all African countries where protection is available. We can provide information on the filing requirements in each of the African countries and can also offer information on the various regional IP organisations such as ARIPO, OAPI and the Madrid protocol. We work with a network of trusted and knowledgeable agents to develop the best possible solution to each of our clients’ needs for trade marks, designs and patents in Africa.
Patents in Africa
Our patent attorneys specialise in the identification, protection, prosecution and enforcement of patents in Africa. Our registered patent attorney’s cover a number of technical disciplines, including: mechanical, electrical, electronic and software engineering as well as biotechnology, life sciences, pharmaceuticals and chemical engineering.
South Africa is a member of the PCT and Paris Convention treaties. A patent PCT application will ensure that by filing one international patent application, that applicants can simultaneously seek protection for an invention in other PCT member countries. As a patent law firm, our experts litigate on these matters, and further, advise on IP valuation, licensing and related commercialisation aspects. With a passion for development in Africa, our patent department has built a trusted network of African agents over the past decade which allows us to extend these service offerings across the African continent.
Our trade mark department consists of a team of skilled and qualified trade mark attorneys and paralegals who work closely with our clients to build interpersonal relationships and to structure the best bespoke trade mark filing programs suited to the client’s specific needs and requirements. We offer advice on all aspects of trade mark filing, prosecution and litigation across the African continent. South Africa follows the Nice Classification of goods and/or services. The Nice classification assists in filing a trade mark application for the correct goods and/or services as it is an international standard for the classification of goods and/or services. There is a total of 45 classes (34 goods classes and 11 service classes).The Madrid Protocol is an international treaty designed to simplify the international trade mark registration process. Using this process, registrants are able to complete a single application, in their home language, that can then be applied to over 90 member countries.There are 38 African countries that are currently Madrid members. South African has not conceded to the Madrid Protocol.
Intellectual Property Insights
With a rapidly growing and evolving market in Africa, foreign Intellectual Property (IP) owners are extending their Intellectual Property in Africa and commencing business operations here. Companies...
When considering filing a patent application in a foreign jurisdiction, generally the first consideration for clients is whether or not the subject matter of the “invention” is eligible for patent...