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At Van Deventer & Van Deventer Incorporated, our Cape Town attorneys assist clients across the Western Cape with intellectual property protection, trademarks and copyright. Whether you are based in the City Bowl, the Atlantic Seaboard, or the Southern Suburbs, our legal team is here to help.
Intellectual property (IP) law protects one’s original ideas. As societies developed, inventors and businessmen became less willing to allow their money-making ideas to be copied, and IP law served as a mechanism to reward innovation while ensuring creators are recognised and their ideas protected.
What is Considered IP?
IP includes creative works such as articles, drawings, paintings and music; company names, logos and slogans; inventions and solutions including software; business methods and confidential information; and the appearance and design of products.
Ways to Protect Your IP
There are three primary ways: Patents grant exclusive rights over an invention. Trademarks protect brand identity through unique signs, symbols or logos. Copyright gives creators rights over original works such as lyrics, books and designs.
How IP Rights are Protected
IP owners may enforce their rights through interdicts. Laws such as the Counterfeit Goods Act of 1997 help remove fake products from the market. International agreements like the Madrid Protocol make it easier for businesses to protect their brands across multiple countries.
Consequences of Not Registering Your IP
Without registering a trademark, copyright or patent, someone else could claim priority, resulting in loss of brand identity, inability to use your own invention, and costly legal action.
How to Register Patents and Trademarks in South Africa
Register a patent by filing a provisional application with the Companies and Intellectual Property Commission (CIPC). For trademarks, file an application with CIPC ensuring the mark is unique and selecting the correct classification. An IP attorney can assist with searching, filing and examining the application.
For expert legal advice in Cape Town and across the Western Cape, contact the attorneys at Van Deventer & Van Deventer Incorporated. Our Cape Town office is ready to assist you.