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Intellectual Property Law

  • Intellectual Property Law

      • The fruits of original human intellectual creativity and ingenuity that qualify for legal protection are generally referred to as intellectual
        property. In South Africa, intellectual property law encompasses all legislation which concerns intellectual property.

        When dealing with the law of intellectual property it is important to understand the legal framework behind trademarks, copyrights,
        patents and designs:

        • Trademarks are concerned with the marketing of products and the provision of services. A trader uses a trademark in
        relation to his/her goods or services to identify or distinguish them from similar goods or services.

        In South Africa trademarks are governed by the Trade Marks Act.

        • Copyright law protects the material expression of ideas apart from the physical embodiment of the work in which they are
        expressed. All matters relating to copyright are regulated by the Copyright Act.

        • In relation to patentability, the concept of invention generally involves some form of technological progress. In terms of
        Section 25(1) of the Patents Act a patentable invention is specified as subject matter that is new and results from
        inventive activity.

        A patentable invention must be capable of being used in trade, industry or agriculture to qualify for protection under
        the Patents Act.
        • Registered designs protect the outward appearance of an object. The owner of the design is allowed to control the way in which the
        design is used.

        South African law differentiates between two types of design registrations: aesthetic designs and functional designs.

        An aesthetic design registration remains in force for fifteen years while a functional design remains in force for ten years. The design
        owner is required to pay renewal fees to keep it on the register.
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        Hi, I’m Kailash Pillay, an attorney from the city of Johannesburg. My passion for the law
        stems from a desire to improve upon the lives of the vulnerable who fall prey to a
        corrupt system.
        I studied at the University of Johannesburg where I obtained my Bachelor of Laws
        degree, the starting point to the long journey of becoming a legal practitioner.
        This profession has taught me to persevere through the complexities of the law and to
        continually develop my skills as a legal professional.