The CIPC process of amending a registered company, and the changes that accompany the process, can be quite daunting indeed. With the new Companies Act which came into force in May 2008, a number of changes have taken place, including the change of name from CIPRO to CIPC of the body that registers companies and … Continue reading Why you need professional help with CIPC processes
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…
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
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
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?
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? (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?
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
Effective as from the 1st May 2013: A certified copy of notice of the meeting and an extract of the minutes signed by all members of the CC where a resolution to appoint or remove a member was made must be lodged together with every CK2 application which involves change of membership. Where the amendment … Continue reading Additional requirements for amendments to CCs introduced by CIPC
A smart business is one that not only stands out, but is compliant in respect of legal and industry standards and requirements. In order to operate legally in South Africa your company must be registered with CIPC, or the Companies and Intellectual Property Commission. This is formalized in terms of company name, operational activities, ownership … Continue reading Trademark protection, business registration and CIPC