SA's IP framework is well-developed - Trade Marks Act, Copyright Act, Patents Act, Designs Act, and Counterfeit Goods Act. Registration of trademarks, patents, and designs is handled by CIPC. Copyright arises automatically on creation. IP attorneys draft licences, handle infringement litigation, and represent clients at the IP Tribunal.
When to hire a intellectual property attorney
- You want to register a trademark, patent, or design.
- IP infringement has been discovered (copying, counterfeits).
- An IP licence needs to be drafted or reviewed.
- You are selling or buying a business with significant IP.
- A CIPC opposition or cancellation action has been filed.
What to expect
Registration work: filing, prosecution, and responding to office actions at CIPC. Disputes: interdicts, damages claims, and account of profits. Counterfeit Goods Act provides for customs seizures and criminal prosecution. Cross-border IP often requires corresponding registrations in multiple jurisdictions.
Typical fees
Trademark registration (single class): R5,000-R12,000. Patent registration: R30,000-R120,000 (plus annual renewals). Infringement litigation: R100,000-R1M+. IP licence drafting: R15,000-R100,000.
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