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

Additional requirements for CC membership changes


From CIPC: Kindly note that in addition to the requirements published in Guidance note 4 of 2012, an additional requirement is being introduced as part of improving controls relating to change of membership. The introduction of this requirement is also a way of improving the quality of CIPC’s data and protecting corporate information at our … Continue reading Additional requirements for CC membership changes

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?

Marks excluded from being registered as a trademark


There are some marks that you just cannot register in South Africa. When deciding on your proposed trademark, please keep in mind that the following exceptions will apply in terms of Section 10 of The Trade Marks Act: Section Provision 10(1) a mark which does not constitute a trade mark 10(2) a mark which is … Continue reading Marks excluded from being registered as a trademark

Different types of Companies in South Africa, Companies Act 2008


  Two types of companies may be incorporated under the Act, namely non-profit companies and profit companies. Profit companies may be incorporated under the following types:   Private Companies Public Companies Personal Liability Companies State Owned Companies   Non-profit Companies (NPC)   A company incorporated for public benefit or other object relating to one or … Continue reading Different types of Companies in South Africa, Companies Act 2008

Business Rescue


From CIPC: All businesses that are financially distressed and want to takea decision to start rescue proceedings can file notices prescribed in the Act. Chapter 6 of the Companies Act 2008 (Act 71 of 2008) provides for the efficient rescue and recovery of financially distressed companies, in a manner that balances the rights and interests … Continue reading Business Rescue