Starting a business and want to protect your name? Here’s how…

There are two areas of protection that need to be considered - the company aspect and the trademark aspect. Regarding the company aspect, you will need to know how you intend trading. For example: As a sole proprietor using a trade style; As a registered company; As a registered close corporation. If you do not … Continue reading Starting a business and want to protect your name? Here’s how…

Unregistered trademarks

From: Cyberlaw@SA Authors: M Viljoen BLC LLB GM du Plessis BLC LLB G Vivier BEng (Electronics Eng) BCom LLB Unregistered trademarks Our common law recognises the rights that a person acquires as goodwill (which includes, as a component, a reputation)13 or the ability to attract custom, which attaches to a trademark. The principles of unlawful … Continue reading Unregistered trademarks

Trademark infringement

1. What is trademark infringement? Trademark infringement is the use by another of the same or a similar mark that violates the prior trademark rights of another in the jurisdiction where such use occurs. The legal definition of infringement varies from one jurisdiction to another. The most common standards for infringement are: (a) close similarity … Continue reading Trademark infringement


Co-operatives A very simple definition would be to say it is a business where a group of people get together voluntary to obtain a product or service. From this one can see that the members must do business with the co-operative. For example the co-operative could buy in bulk the inputs the members need to … Continue reading Co-operatives

Counterfeit goods

  What does the Counterfeit Goods Act protect? This law in South Africa (from 1 January 1998) introduces measures aimed against trade in counterfeit goods. Such laws already exist in first-world countries, eg the UK. Who is protected? You, the owner of trademarks, copyright works and certain merchandise marks are given more effective ways than … Continue reading Counterfeit goods

Registered users and other agreements

Once a product design has been completed, it is likely that you, the designer, will have to enter into one or more agreements with others in regard to the further exploitation or commercialisation of your design. Although a written contract is not always compulsory, it is always advisable to reduce the terms and provisions of … Continue reading Registered users and other agreements

How does copyright protect you?

Copyright arises automatically when a work is made, in all Berne Convention countries. Copyright protection affords you, the copyright owner the right, generally speaking, to prevent others from making a reproduction (or copy) of the copyright work, from publishing the work, and, in some instances, from offering it for hire by way of trade. A … Continue reading How does copyright protect you?

Who is protected by copyright?

You, the author or creator of a copyright work will usually become the first owner of the copyright in the work, unless you were in employment under a contract of service or apprenticeship, in which case your employer becomes the owner. (But see further below "Who owns Copyright".) Copyright can be assigned (ie transferred) or … Continue reading Who is protected by copyright?

What does copyright protect?

What does copyright protect? (Courtesy SABS) The following works, if they are original, qualify for copyright: Literary works, musical works, artistic works, cinematograph films, sound recordings, broadcasts, programme-carrying signals, published editions and computer programs. The category of copyright works most relevant for product design will be artistic works. 'Artistic work' is defined to include drawings … Continue reading What does copyright protect?