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Articles by Kisch Ip
Inventive step in agrochemical formulation development
Agrochemical development frequently involves incremental technical work. Solvents are substituted, concentrations adjusted, surfactant systems modified, crystal forms improved and known compounds tested in different combinations. Many of these changes form part of routine formulation work. Others may produce a technical advance capable of patent protection. The distinction is central to the requirement of inventive step.
Is your trade mark portfolio keeping up with your business?
“We registered our trade mark years ago. We’re covered.” Are you? It’s a question every business owner should ask. Many businesses view trade mark registration as a once-off exercise. The application is filed, the registration certificate arrives, and the brand is considered protected. But businesses evolve, and trade mark portfolios should evolve with them. A regular trade mark portfolio review helps ensure that your trade mark protection keeps pace with your commercial growth. Businesses grow.
Data protection of regulatory dossiers under Act 36
The commercial value of an agrochemical product is not confined to the invention described in its patent specification. Considerable value may also reside in the scientific and technical information generated during development and regulatory approval. Registration of an agricultural remedy can require extensive chemistry, toxicology, environmental, residue, efficacy and stability information.
Chat Chat Chatterbot – Shall we register your name?
So, you have birthed a chatbot and given it a name, what now? Should you register the name of the chatbot as a trade mark? The answer is a simple one, yes. If the chatbots are customer-facing, particularly where the names are being promoted as identifiable brand assets, then you should consider registering the name as a trade mark. If the chatbots become a prominent feature on your website or app, it is likely that consumers will come to associate the chatbot with your services.
Copy it, share it, sell it?
Why “It’s Just Personal Use” will not always save you from trade mark infringement claims Many people assume that as long as they are not selling anything, using a famous brand’s logo is harmless. Print it on a T-shirt, give a few away to friends, post a photo online? Surely that is just personal use. In South Africa, the answer is less straightforward than it seems.
UAE opens Class 33 trade mark protection for alcoholic beverages
A noteworthy development for beverage brand owners in the UAE, the UAE Trade Mark Office is now accepting Class 33 trade mark applications for alcoholic beverages, with immediate effect. Previously Class 33 was unavailable for trade mark registration in the UAE. As a result, owners of wines, spirits and other alcoholic beverage brands typically relied on Class 32 registrations as part of their UAE trade mark protection strategy.
Patent expiry does not necessarily mean freedom to operate
The expiry of a patent covering an active ingredient can create a significant commercial opportunity for manufacturers and distributors of crop-protection products. It does not, however, follow that every product containing that ingredient may be brought to market without further patent analysis. Commercial crop-protection products frequently incorporate intellectual property extending beyond the active ingredient itself.
Your brand crossed the border. Did your trade mark?
Why foreign brand owners should protect their trade marks in South Africa Your brand is here. Are your rights? Expanding into a new market is exciting. Businesses spend considerable time planning product launches, negotiating commercial agreements, appointing local partners and pursuing growth opportunities. Yet one of their most valuable business assets is often overlooked: the brand itself. Imagine this. Your products are already being sold in South Africa.
Technology transfer or knowledge transfer? Know-how as a strategic asset in university commercialisation
Universities and research institutions invest significant resources in generating new knowledge, developing innovative technologies and protecting intellectual property. Patents play a critical role in this process by protecting inventions, attracting investment, facilitating licensing and supporting commercialisation. However, successful technology transfer frequently depends on more than the transfer of patent rights alone.
More than a device: Building an IP strategy for wearable technology
By the time you arrive at your desk, your smart ring may already have analysed your sleep, your watch may have recorded your heart rate and blood oxygen levels, and your connected glasses may be placing digital information directly in your field of view. Each appears to be a single consumer product, yet each may incorporate multiple layers of technology, design, software, data and brand value.
Trade mark registration: The finish line is worth the wait
Starting a business is exciting. Whether you are opening a restaurant, launching a clothing label, developing an app or offering professional services, the goal is usually the same: to build something valuable and profitable. In our previous article, we discussed why it is important to conduct a trade mark availability search before investing in a brand. But what happens once you have found a brand that is available? The next step is trade mark registration.
In Twilight’s Shadow: Fan fiction and the legal “grey” area: What every fan fiction writer (and rights holder) needs to know
From Fifty Shades to The Love Hypothesis, some of today’s best-known stories have roots in fan fiction. This practice is not new, Jean Rhys’s Wide Sargasso Sea reimagined Jane Eyre, and Tom Stoppard’s Rosencrantz and Guildenstern Are Dead reframed Hamlet. The digital age has made it visible on an extraordinary scale: Archive of Our Own, Wattpad and FanFiction.net host millions of stories. But that popularity creates legal tension.
Third-party observations in pending patent applications
A patent application may reach examination without every potentially relevant public disclosure having been identified. Where a third party is aware of prior art that may have a bearing on the patentability of the pending claims, a third-party observation can provide a mechanism for placing that material before the examiner before the application proceeds to grant.
Registered today, problem tomorrow: Why early company name objections matter
A company name can threaten your brand long before trading begins Many businesses assume brand protection only becomes relevant once a competing business starts operating in the market. In reality, South African law allows trade mark owners to act much earlier, often as soon as a conflicting company name is registered.
Timeless lessons modern inventors can learn from one of KISCH IP’s early patent clients
Successful inventors come from a diverse range of educational, professional, and personal backgrounds. Some develop their knowledge through independent learning and practical experience, while others benefit from formal education and specialised training. Yet regardless of their journey, one characteristic consistently appears among successful innovators: a commitment to continuous learning.
Key Aspects which make South Africa an ideal jurisdiction for securing a patent
As one of the economic powerhouses of the African continent, there are many factors that make South Africa a desirable target for the market protection afforded by registered Intellectual Property (IP) rights. South Africa, with its position at the southernmost tip of Africa, provides access to both the world (via port facilities on both coasts) and other key countries in SADC. This results in a combined market of more than 250 million people in and around South Africa.
Data Protection and Privacy
This article is an extract from GTDT Practice Guide Franchise 2022. Click here for the full guide Introduction The right to privacy is a fundamental human right that has been recognised in most jurisdictions for some considerable time, but only in the past two decades or so have data protection and privacy become a major focus globally, resulting in legislation being enacted in most countries that places the obligation on businesses to protect the privacy of personal data that they deal with.
Getting Compliant With The Protection Of Personal Information Act (POPIA) - Privacy - South Africa
South Africa: Getting Compliant With The Protection Of Personal Information Act (POPIA) 22 March 2021 KISCH IP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Brief Country Profile Of South Africa – Ease Of Doing Business For Foreign Investors And The Steps To Take To Establish A Business - Corporate/Commercial Law - South Africa
South Africa: Brief Country Profile Of South Africa – Ease Of Doing Business For Foreign Investors And The Steps To Take To Establish A Business 18 August 2020 KISCH IP To print this article, all you need is to be registered or login on Mondaq.com. The elements of this article contain an introduction South Africa to foreign investors and to provide context in terms of the country's ease of doing business and the first steps of establishing a business in South Africa.
Data Protection and Privacy within Franchising | Lexology
Introduction The right to privacy is a fundamental human right that has been recognised in most jurisdictions for ages, but only in the past two decades or so has data protection and privacy become a major focus globally, resulting in legislation being enacted in most countries, which places the obligation on businesses to protect the privacy of personal data that they deal with. Franchised businesses, like any other businesses, are obliged to comply with data privacy laws.
Patent Pending: Golf Practice Tool Invented By Young Entrepreneur During COVID-19 Lockdown
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Temporary Changes To Intellectual Property Protection In Africa
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Permitted Services' CIPC Applications During COVID-19 Lockdown
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
COVID-19 Update - Application Filing During Lockdown - Coronavirus (COVID-19) - South Africa
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
South Africa In Lockdown
To print this article, all you need is to be registered or login on Mondaq.com. SOUTH AFRICA IN LOCKDOWN AT LEAST FROM 27 MARCH TO 16 APRIL 2020 South Africa's President, Cyril Ramaphosa, announced on Monday 23 March 2020, that the country will be in lockdown for 21 days (as presently advised) as from midnight on Thursday 26 March 2020, to reduce the infection rate of COVID-19 in South Africa.
KISCH IP COVID-19 Contingency Plan
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Data Protection and Privacy in Franchising | Lexology
Introduction The right to privacy is a fundamental human right that has been recognised in most jurisdictions for ages, but only in the past two decades or so has data protection and privacy become a major focus globally, resulting in legislation being enacted in most countries, which places the obligation on businesses to protect the privacy of personal data that they deal with. Franchised businesses, like any other businesses, are obliged to comply with data privacy laws.
CIPC Mandatory Compliance Checklist
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Conditional acceptance of trademark applications | Lexology
South Africa, USA
February 17 2020 Trademark applications are examined by the Office of the Registrar of Trademarks approximately eight to 10 months after their date of application. This article discusses several possible conditions that examiners often prescribe for accepting trademark applications and which applicants must therefore consider before filing.
Relationship between cannabis and trademark law | Lexology
South Africa
November 25 2019 Introduction A trademark will not be registered, or can be removed from the register, if it is: inherently deceptive or likely to deceive or cause confusion; contrary to law; against good morals; or likely to offend anyone. This article provides insight into the contrary to law provision, particularly insofar as it relates to the controversial discussion regarding the partial legalisation of cannabis in South Africa and its impact on trademark law.
Patentability of living things - a South African approach | Lexology
South Africa
September 30 2019 Introduction Patent protection of living organisms – and the substances derived therefrom – has long been an area of confusion and controversy in South African patent law. However, there has been a recent move towards clearer boundaries regarding what constitutes patentable subject matter in relation to living things.
Who should you institute infringement proceedings against? | Lexology
South Africa
September 23 2019 Infringement scenario What should a company (Company A) do when its distributor terminates their supply and distribution contract stating that it is more economical for it to acquire the products from another company (Company B)? If Company A has a registered patent for the products that Company B manufactures, it can institute infringement proceedings.
Who takes the cake? Copyright over baked goods | Lexology
South Africa
September 16 2019 Shows such as "Cake Boss", which see the world's best confectioners go against each other to produce extravagant and intricately designed cakes, often inspire professional and amateur bakers. However, this begs the question of whether bakers can reproduce (or at least try to reproduce) the cakes that they have seen on these TV shows without getting into trouble.
Copyright conundrum: what you need to know when rebranding | Lexology
South Africa
September 9 2019 Copyright conundrum Many corporates and start-ups that enlist third-party graphic designers to create logos or corporate identities during a rebrand are unaware of the legal implications of contracting third parties and thus often find themselves in costly and time-consuming litigation. This is because, under South African law, a third-party graphic designer commissioned to design a corporate's logo will own the copyright in said work.
Nedbank and IT entrepreneurs in developing patent saga | Lexology
South Africa
September 2 2019 Introduction Two IT entrepreneurs from Gugulethu recently applied for an interdict to prevent Nedbank, an asset management company, from using (ie, infringing) their invention, which was protected by South African Patent 2016/05259 and entitled "Method of and system for activating or deactivating a financial transaction card".
Competition law considerations for licensing agreements in South Africa | Lexology
South Africa
August 7 2019 Competition law issues Restrictions on trade Are practices that potentially restrict trade prohibited or otherwise regulated in your jurisdiction? Several provisions of the Competition Act are relevant. Section 5(1) of the Competition Act prohibits agreements between firms in a vertical relationship that would have the effect of substantially preventing or lessening competition in a market or that relate to minimum resale price maintenance.
Interplay between company name reservations, trademark registrations and defensive registrations | Lexology
South Africa
August 5 2019 Introduction Business owners often fail to conduct trademark availability searches before they register their company name at the Companies and Intellectual Property Commission (CIPC).
Domain name disputes - are they worth it? | Lexology
South Africa
July 29 2019 Taking action In an age where business is conducted online, trademarks are commercialised through websites and social media pages and consumers want to deal with businesses online instead of face to face, a business's virtual address is of the utmost importance if it wants to drive traffic to its website and conclude commercial transactions online. So, what happens if a third party registers a domain name that incorporates an existing trademark?
Is my work original enough? | Lexology
South Africa
July 22 2019 Introduction Intellectual property refers to creations of the mind and includes: inventions; product designs; literary and artistic works; and symbols, names, images and designs used in commerce. However, if ideas and innovation are the result of the shared lived experience of the common person, how can it be determined whether a work is 'original', as defined in, for example, the Copyright Act? Does the work have to be new? Can inspiration be drawn from another work?
What to do when your product is copied | Lexology
South Africa
July 15 2019 Introduction South Africa has seen a dramatic rise in entrepreneurial activity, with many seeking to launch new products in the marketplace. For some, this means spending most of their time and budget on creating products that they believe will sell well and then marketing them in the hope of raising substantial awareness.
Patenting strategy: when to patent? | Lexology
Introduction Patenting inventions is notoriously expensive; however, the benefits of having exclusive rights over an invention far exceed any initial patenting costs. The problem remains that a decision on whether to patent an invention must often be made long before the invention's commercial potential can be judged. As such, it is often difficult to know what to patent.
How a 'House of Bonang' can house its intellectual property | Lexology
South Africa
May 20 2019 Introduction Bonang Matheba is one of South Africa's leading media personalities. She launched her own range of sparkling wine called HOUSE OF BNG on 18 March 2019. Many celebrities extend their brands by venturing into various industries (ie, Pearl Thusi's BLACK PEARL hair product range, DJ Zinhle's ERABYDJZINHLE collection of watches and Cassper Nyovest's THE FAMILY TREE clothing store).
Licensing in South Africa | Lexology
Use the Lexology Getting the Deal Through tool to compare the answers in this article with those from other jurisdictions. Overview Restrictions Are there any restrictions on the establishment of a business entity by a foreign licensor or a joint venture involving a foreign licensor and are there any restrictions against a foreign licensor entering into a licence agreement without establishing a subsidiary or branch office?
Royalties, currency conversion and taxes: what rights holders need to know | Lexology
South Africa
April 22 2019 Exchange control regulations and IP rights South Africa has significant exchange control regulations in place that restrict and require approval for payments in international IP licensing relationships. In particular, Regulations 10(1)(c) and 10(4) of the South Africa Reserve Bank (SARB) exchange control regulations apply.
Patent law overview | Lexology
Introduction A patent is an exclusive right or monopoly which is granted by the state to a person, persons or legal entity for the right to exclude third parties from exploiting a patented invention for a limited period in a specific territory. Patents are territorial and must be applied for in every country where patent protection is required. This article discusses the nuances of South African law in this regard.
Are trade secrets and know-how protected? | Lexology
South Africa
April 1 2019 South Africa has no specific legislation governing trade secrets or know-how, although they can be effectively protected under South African common law. Trade secrets can be protected if it can be established that: the information has the necessary quality of confidence; and anyone with access to the information owes its owner a duty of confidence.
Overview of trademark legislation | Lexology
Introduction Under the Trademarks Act (194/1993), a 'trademark' is a mark that is used to distinguish the goods or services in relation to which the mark is used, or proposed to be used, of one person from the same kind of goods or services connected in the course of trade from that of another.
Crowdsourcing and IP considerations | Lexology
Introduction Developments in technology and social media platforms have changed the way that businesses engage with consumer markets. Customer bases are now more accessible to business owners and as such there has been an increase in: the interactions between businesses and their customers during the research and development of new products; after-service care; and the retention of customers.
Don't file your cannabis trademarks… yet | Lexology
South Africa
January 14 2019 The Constitutional Court judgment which decriminalised the private use of cannabis has garnered significant attention in South Africa. As predicted, the judgment has encouraged a number of existing and potential companies to create a brand for their business in order to grow and distribute cannabis in South Africa. Unfortunately, most of these businesses must delay their plans for their brand's trademark application – although possibly not for long.
Compelling case for patenting | Lexology
South Africa is widely recognised as the gateway to the rest of Africa, a continent which contains 30% of the world's mineral reserves and 1 billion people. Therefore, it is an attractive launch pad for many international companies in the African market trying to protect and enforce intellectual property for or over products. Even more attractive is South Africa's patent system which is simple, quick and affordable.
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As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Kisch
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