Our Expertise/

Intellectual property (IP) law/

Our intellectual property law team advises clients on intellectual property (IP) commercialisation, due diligence investigations, and the management, acquisition and enforcement of intellectual property and franchising.

We offer specialised IP law services throughout Africa and the rest of the world./

Our intellectual property law team advises clients on:

  • intellectual property (IP) commercialisation,
  • due diligence investigations,
  • and the management, acquisition and enforcement of intellectual property and franchising.

Our IP Law Department offers you a rare combination of attributes in the industry: bespoke, personal, business-driven and practical advice and solutions, backed up by the extensive experience of our team members.  Our team has a combined experience of more than 30 years, gained predominantly by practicing in top-tier multi-national firms, and in industry.

We are able to provide advice at the highest level, yet our clients at Witz Inc are not just another number. Our aim is to provide practical and cost-effective solutions to clients, not a “one size fits all” approach.

We offer specialised IP law services throughout Africa and the rest of the world.  Our team has built up a reliable and extensive network of associates outside of South Africa who shares our passion for delivering services that are in line with our values outlined above.  We also take great care to manage the process so that clients experience a seamless service, regardless of which country they require IP assistance in.  The same applies to specialised areas of IP law – if we don’t have the specialised expertise in-house to deal with a technical area of patent law or plant breeders rights, for example, we prefer to utilise our network of hand-picked consultants who specialise in that specific area, rather than having someone with general knowledge in that field attempting to render specialist advice.  The end-product to the client is always the same – you come to WITZ Inc for bespoke, specialist advice, and you can leave it to us to ensure that you get it as cost-effectively as possible.

We utilise state-of-the-art IP management software, that not only ensures accuracy, but also reduces the cost of portfolio management, as our team has access to information and can prepare customised portfolio reports for clients at the touch of a few buttons.

Our services include:

Trade Marks

  • Advice on registrability
  • Availability searches
  • Filing applications and managing the registration process (prosecution)
  • Maintenance, including renewals, assignments, licence recordals
  • Strategic advice, including portfolio reviews and management
  • Audits and due diligence investigations
  • Trade mark valuations

Patents & Registered Designs

  • Drafting and prosecution
  • Patentability/ Design registrability opinions
  • Infringement/non-infringement opinions
  • Patent / Design validity opinions
  • Prior art searches
  • Maintenance, including renewals, assignments, licence recordals
  • Strategic advice, including portfolio reviews and management
  • Audits and due diligence investigations
  • Patent / Design valuations

Copyright

  • Opinions regarding the subsistence and proprietorship of copyright
  • Registration of copyright in cinematographic films
  • Assignment of copyright
  • Strategic advice, including portfolio reviews and management
  • Audits and due diligence investigations
  • Copyright valuations

Plant Breeder’s Rights

  • Preparation, filing and prosecution
  • Renewals
  • Advice on the effect of a plant breeders’ right
  • Licenses and assignments
  • Infringement / non-infringement opinions

IP Litigation

  • Trade mark oppositions
  • Trade mark expungements
  • Trade mark infringement
  • Patent / Registered Design litigation
  • Copyright disputes
  • Plant Breeders’ rights litigation
  • Passing-off and unlawful competition
  • Company, close corporation and business name objections
  • Anti-counterfeit litigation
  • Advertising Regulatory Board disputes
  • Domain name alternative dispute resolution
  • Domain name litigation

Commercial Intellectual Property

  • 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
    • Licencing
    • Technology transfer
    • Know-how

Anti-counterfeiting

  • Registration of IP with Customs Authorities for the detention of imported counterfeit goods
  • Monitoring and investigating of counterfeit products in the marketplace
  • Strategizing 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 Services, Custom Authorities and the Department of Justice

Domain Names

  • Domain name registrations
  • Alternative dispute resolution
  • Litigation
  • Legal advice and portfolio management

E-commerce and IT Law

  • IT and e-commerce commercial agreement services
    • Software development, licensing, maintenance and support agreements
    • Service level agreements
    • Non-disclosure and confidentiality agreements
  • IT and e-commerce litigation services
    • Social media disputes
    • Cyber crime
  • IT and e-commerce regulatory and corporate governance services
    • Privacy policies
    • Security policies
    • Usage policies
    • Disclaimers
    • Data retention, privacy and protection
    • Website terms and conditions