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Lexis® Practical Guidance: Intellectual Property

Why Lexis® Practical Guidance: Intellectual Property?

Users get direct access to critical, up-to-date information and guidance that they can rely on.

Practical Guidance Intellectual Property Law is a convenient online reference tool that covers all legal aspects relating to creations of the intellect. From understanding key terms to identifying the different forms of intellectual property and how these can be protected and enforced, users are provided with all the step-by-step guidance as well as the practical aids needed to properly and effectively navigate the field of intellectual property law in South Africa. The scope of this practice area ranges from traditional types of intellectual property such as, trade marks, copyright, patents and designs to more unique types such as plant breeders' rights and domain names.

Practical Guidance Intellectual Property Law also includes discussions on important pieces of South African legislation that impact intellectual property, such as: the Counterfeit Goods Act 37 of 1997, the Merchandise Marks Act 17 of 1941, the Consumer Protection Act 68 of 2008, the Intellectual Property Laws Amendment Act 28 of 2013, and the Intellectual Property Rights from Publicly Funded Research and Development Act 51 of 2008.

With Lexis® Practical Guidance: Intellectual Property you get:


Convenient online access to:
  • More than 30 Topics and 90 Guidance Notes
  • Over 90 forms, precedents and checklists – ensuring not a single step is missed
  • Legislation & Case Law – access to relevant cases at the click of a button
  • Practice Directives – know what the procedure is in different courts
  • Over 50 other useful resources such as flowcharts, external websites and additional readings

Guidance on each step taken in Intellectual Property:
  • Types of intellectual property (IP) and protection
  • Various IP agreements
  • Conditions and restrictions relating to IP transactions
  • Protecting unregistered IP
  • IP and the Consumer Protection Act
  • The role of the CIPC and SAIIPL
  • Requirements for patent protection
  • Patent application and registration process
  • International copyright
  • Application for registration of a trade mark
  • Infringement of a well know trade mark
  • Authorship and ownership of copyright

Guidance Notes

Useful reference material that offers direct access to relevant case law, legislation and commentary works, and practical know-how on specific areas within Intellectual Property.

A few key guidance notes are outlined below. The full list can be viewed in the complete table of contents.


Application for Registration of a Trade Mark

This guidance note deals with the step-by-step process of registering a trade mark, including information detailing how to conduct a trade mark availability search, classification and the territoriality principle, as well as the required documents for a trade mark application.

It also includes the following useful forms and customisable precedents:

  • General power of attorney
  • Form TM1 – Application for the registration of a trade mark
  • Sample Form TM1 – Application for the registration of a trade mark
  • Form 1 - Notice of non-completion of registration
  • Form 2 - Certificate of registration
  • Template of letter requesting an extension
  • Notice of acceptance

Infringement of a Well-known Trade Mark

This guidance note deals with:

  • How to prove infringement of a well-known trade mark.
  • The infringement of well-known trade marks that are both registered and unregistered in South Africa in terms of the Trade Marks Act.
  • What infringement would mean for a client.
  • Who may sue for infringement.

Practical Aids

Precedents, checklists and forms that can be used to offer advice confidently and execute tasks accurately.
A few key resources are listed below. The full list can be viewed in the complete table of contents.

  • Procedure to file a trade mark – step-by-step guidance on the procedure for filing a trade mark and how to go about doing this.
  • Checklist for a licence agreement – a time-saving resource that ensures all requirements are met.
  • Form P1 – Application for a patent and acknowledgement of receipt
  • Form P2 – Register of patents
  • Due diligence checklist
  • Sample clause – non-disclosure of confidential information
  • Sample clause – exceptions to disclosure of confidential information
  • Confidentiality agreement
  • Deed of security
  • Memorandum of understanding
  • Franchise agreement – essential customisable precedent that all users would need to draft a franchise agreement
  • Sale of business agreement
  • Joint venture agreement to form a company to make use of intellectual property owned by the other party

Authors




Allison Williams

BCom LLB (University of Natal, Durban)

Allison Williams has been a fellow of the South African Institute of Intellectual Property Law (SAIIPL) since 2002, having also served on the SAIIPL's trade mark and copyright law committees. Allison has been a member of the International Trade Mark Association and Licensing Executives Society for many years, and was listed as a recommended intellectual property lawyer in The Legal 500 (2015)




Likonelo Magagula

BA Law LLB, LLM (Commercial Law)

Likonelo Magagula is a director at Norton Rose Fulbright where she heads up the intellectual property department and specialises in intellectual property prosecution enforcement and advisory. Likonelo is a fellow of the South African Institute of Intellectual Property Law (SAIIPL). Likonelo has a broad range of experience in intellectual property matters, having represented various global companies and blue chip clients, including e-commerce global technology companies. Likonelo was listed as one of the recommended intellectual property Lawyers in PLC Private Equity Cross-border Handbook 2010 and in The Legal 500 Rankings 2015.




Darren Margo

BSc (Chemistry, Applied Chemistry) LLB BSc (Mathematics)

Darren Margo is the managing director of Margo® Attorneys, Inc., a specialist intellectual property (IP) firm and tax consultancy. Darren has a great interest in the commercial aspects of IP, and is involved in the drafting of IP-based commercial agreements. Darren attends to the registration and maintenance of high-profile trade mark, patent and design cases in South Africa and internationally.

Time is scarce and the law is ever changing. Keeping pace with the shifts is a job unto itself but, chances are, it is not your only job. 

Curated by top South African legal experts, LexisNexis® Practical Guidance™ helps you navigate dynamic legal terrain by delivering practical aids for your everyday concerns in one convenient platform.

It saves you time and energy so you can focus on the expertise that only you have.


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Email: customercare@lexisnexis.co.za