Tag: KISCH IP

There are many legal solutions for enforcing your Intellectual Property (IP) rights once you have created an invention.

Tourism Minister, Lindiwe Sisulu has faced criticism after the publication on 7 January 2022 of her opinion piece entitled 'Hi Mzansi, have we seen justice' in which she criticised the South African judiciary, amongst others. She was accused of committing plagiarism as it was claimed that a large section of her opinion piece incorporated parts of a speech given by former United Kingdom Attorney-General, Dominic Grieve in 2013.

Influencers have become one of the best ways to get your products sold online, and many brands invest millions into 'top-tier' influencers to promote their products. Unfortunately, this has created a situation where some influencers, knowingly or unknowingly, promote counterfeit goods.

Trade mark protection does not end at registration, and trade mark enforcement does not need to involve lengthy litigation or extensive legal fees for brand owners. Having a good trade mark enforcement strategy is essential in ensuring that a brand owner’s trade mark not only remains proprietary to them, but that it also does not become vulnerable to genericism.

Intellectual property (IP) created at universities can contribute to economic and social development and can support entrepreneurs in generating income through innovative business ideas. Innovation arising out of university research constitutes a rich source of IP.

French luxury fashion house Chanel has lost its latest attempt to block the registration of a trade mark applied for by Chinese technological giant Huawei Technologies.

“If a man (or woman) invents a new article and protects it by a patent, then during the term of the patent, they will of course have a legal monopoly, but when the patent expires all the world may make the article, and if they may make the article they may say that they are making the article, and for that purpose use the name which the patentee has attached to it during the time when he had the legal monopoly of the manufacture.” - Lord Davey in the case of Cellular Clothing Co v Maxton & Murray

When boards of directors gather to discuss the top risks of an organisation, it may entail matters such as structurally high unemployment, labour unrest, exchange rate volatility, political uncertainty, unmanageable fraud and corruption, threats of new market entrants or even product stagnation. Whilst there are indeed many more topical risks that may be relevant to the nature of the organisation’s business and immediate environment, it is not common for a board to include the threat of their innovation and intellectual property (IP) being marginalised or lost.