KISCH IP

South Africa is on the cusp of a significant transformation in its intellectual property landscape. The Department of Trade, Industry and Competition (DTIC) has announced plans to repeal and replace the Patents Act No. 57 of 1978 with a new, modernised Act. Read more here: https://lnkd.in/djMRraPk

“The convergence of insolvency proceedings and intellectual property management necessitates a nuanced understanding of the legal frameworks and operational mechanisms that govern these fields. This article delves into the implications of liquidation and business rescue processes on intellectual property (IP) assets, which are crucial yet often forgotten components of a company’s valuation. As businesses navigate the challenging waters of financial distress, the strategic management of IP can play a pivotal role in determining their future.” Read the full article by Tim Laurens here:  https://lnkd.in/dFySQByS

“The South African Income Tax Act 58 of 1952 as amended (the “Act”), makes provision for a tax incentive scheme, commonly referred to as the Research and Development (R&D) tax incentive through section 11D. The R&D tax incentive is a highly valuable financial mechanism for businesses which conduct R&D, as it allows the deduction R1.50 from its taxable income for every R1.00 spent on R&D.” Read the full article by Kobus du Raan here: https://lnkd.in/d2wqSfGG

We're looking for a LLB Graduate without articles to join our team as an intern. Applications close 1 November 2024. View all details and apply here: https://lnkd.in/daMPhyQP

“It is worthwhile to revisit this issue in view of the recent Pretoria High Court case, Emisha Software (Pty) v. Servsol Software Solutions CC and Others (2024), revolving around the ownership of a computer program. The court affirmed that in terms of the Copyright Act, authorship of a computer program vests in the person who exercised control over the making of the program, and that the author is usually but not necessarily the owner.” – Read the full article by Daniel Pekar here:  https://lnkd.in/d9iu36Cr

Patently Clear:  “Dividing and Continuing Your Way to Stronger Intellectual Property Protection in South Africa   In the multifaceted world of Intellectual Property, securing robust patent protection is a strategic necessity for inventors and businesses alike. Among the tools available to patent applicants, divisional patent applications stand out for their ability to enhance the scope and flexibility of patent rights.” Read the full article by Ursula Baravalle here: https://lnkd.in/dptXSuff

“After being involved in a 9 year long legal battle, the Supreme Court of Appeal agreed with the High Court full bench that the TAKIS mark owned by Takis Biltong (Pty) Ltd and the TAKIS FUEGO mark owned by Grupo Bimbo S.A.B DE C.V are likely to cause confusion and/or deception amongst the public. The judgement of December 2023 was decided in favor of Takis Biltong, ordering that Grupo Bimbo’s TAKIS FUEGO trade mark registration is to be cancelled.  After the celebrations of this mammoth success, the big question is… what next?” Read the full article by Sarah Suleman here: https://lnkd.in/d7xA2rJN

Congratulations to At van Rooy, Adelhart Krüger, Andrew Papadopoulos, Ursula Baravalle, Magdalien vd Westhuizen, Chezanne Haigh, Jaco Theunissen and Liani Taljaard on being recognized by IP STARS (Managing IP). Thank you to our clients and colleagues for their unwavering support.

Fredo Stroh will be attending the AIPPI world congress in Hangzhou, China, from 19-22 October.

"What happens in the instance where a trade mark is erroneously registered or erroneously remains on the register? A trade mark which for whatever reason should not have proceeded to registration or wrongfully remains on the register, may be cancelled through trade mark cancellations proceedings. " - Read the full article by Ursuley Matjeke here: https://lnkd.in/dTeFz7ET