Trademarks, Copyrights and Intellectual Property in South Africa
The Trademark, Copyright, and Commercial IP Department at Witz Inc. is headed up by Craig Shapiro and Marius Gerber, who between them have spent more than 30 years practicing as top-tier attorneys specialising in all aspects of Intellectual Property Law.
We facilitate a full suite of services which include:
- Advice on commercialisation of intellectual property
- Due diligence investigations
- Clearance, registration, maintenance, management and enforcement of intellectual property rights
- Franchising.
Our Trademark, Copyright and Commercial IP Department offers clients a combination of proven expertise at local and international level, as well as more than three decades of combined experience in skillfully managing the IP portfolios of clients ranging from SMEs and well-known franchising groups to local listed companies and some of the world’s largest multinationals. In a fast-changing and increasingly competitive commercial space, registration and protection of intellectual property is a priority for any business, regardless of size or industry. And, in order to accommodate the wide cross-section of unique requirements, we do not subscribe to a standardised, precedent-based or ‘cookie-cutter’ approach. Contact us to set up a consultation.
A Bespoke Service – Copyright, Trademark & Intellectual Property Protection
Our service is bespoke, deeply knowledgeable, and practical: it is designed to carefully evaluate and accommodate the needs of each client and to structure and manage that client’s Intellectual Property portfolio accordingly. For clients who require Copyright, Trademark, and Intellectual Property protection outside of South Africa, our team has built up a network of legal associates across several countries – comprised of select, highly skilled attorneys who are committed to providing the same level of seamless, integrated service excellence that we do.
Our international consultants are specialists: each an expert in their own field, rather than general counsel who may not have the requisite depth of knowledge to satisfy our requirements. It is this dedication to a superb level of IP-related legal practice, coupled with state-of-the-art IP management software, that enables us to instantly review, refresh, and track each client’s IP needs as trademarks are updated or IP-related legislation may change.
It is this level of expertise that enables us to foresee and prevent losses or IP-related breaches before they happen, in addition to forging business relationships with our clients that are characterised by trustworthiness, attention to detail and business-focused, practical legal advice and solutions.
Specialist Intellectual Property Attorneys
The heads of our Trademark, Copyright, and Commercial IP Department at Witz Inc. are Craig Shapiro and Marius Gerber who are specialist IP law attorneys. Both have worked for South Africa’s largest and most reputable commercial and intellectual property law firms, and have a wealth of experience and expertise.
- Opinions regarding the subsistence and proprietorship of copyright
- Patent viability/ Design registration viability opinions
- Registration of copyright in cinematographic films
- Assignment of copyright
- Strategic advice, including portfolio reviews and management
- Audits and due diligence investigations
- Copyright valuations
Areas of Expertise
- Drafting and prosecution
- Patent viability/ Design registration viability opinions
- Infringement/non-infringement opinions
- Patent / Design validity opinions
- Prior art searches
- Maintenance, including renewals, assignments, license records
- Strategic advice, including portfolio reviews and management
- Audits and due diligence investigations
- Patent / Design valuations
- Advice on registration viability
- Availability searches
- Filing applications and managing the registration process (prosecution)
- Maintenance, including renewals, assignments, license records
- Strategic advice, including portfolio reviews and management
- Audits and due diligence investigations
- Trademark valuations
- Preparation, filing and prosecution
- Renewals
- Advice on the effect of a plant breeders’ right
- Licenses and assignments
- Infringement / non-infringement opinions
- Trademark oppositions
- Trademark expungements
- Trademark infringement
- Patent / Registered Design litigation
- Prior art searches
- Copyright disputes
- Plant Breeders’ rights litigation
- Passing-off and unlawful competition
- Company, close corporation, and business name objections
- Due diligence investigations
- Licensing
- Franchising
- IP aspects of commercial agreements
- Strategic IP planning and management
- IP valuations
- Drafting of IP agreements, including those relating to:
- Confidentiality / non-disclosure
- Licensing
- Technology transfer
- Know-how
- Registration of IP with Customs Authorities for the detention of imported counterfeit goods
- Monitoring and investigating of counterfeit products in the marketplaceStrategising with clients to develop anti-counterfeit programmes
- Attending to cases from inception of goods until successful civil and/or criminal prosecution
- Liaison with the Department of Trade and Industry, South African Police
- Strategic IP planning and management
- Services, Customs Authorities and the Department of Justice
- Drafting of IP agreements, including those relating to:
- Domain name registrations
- Alternative dispute resolution
- Litigation
- Legal advice and portfolio management
- Software development, licensing, maintenance and support agreements
- Service level agreements
- Non-disclosure and confidentiality agreements
- Social media disputes
- Cyber crime
- Privacy policies
- Security policies
- Usage policies
- Disclaimers
- Data retention, privacy and protection
- Website terms and conditions
