Kentucky Fried Chicken).A slogan is a short phrase or a sentence, and a logo is a distinctive picture or symbol.They provide a distinctive identity in the marketplace and can apply to both products and services. The following works are eligible for copyright in South Africa (in the Republic). As soon as a “work” comes into being, it will be protected by copyright. the Berne Convention (which obliges South Africa to give recognition and protection to copyright works from signatory countries) and the Agreement on Trade-Related … Your logo doesn't have to be published before it can be copyrighted. Registering a Trade Mark is the best, safest, quickest and most cost effective way to ensure legal exclusivity for the use of your company name, slogan or logo etc.
Once protected by copyright, someone else would need to copy a “substantial portion” of your “work” to infringe your copyright. songs. Advantages of Registering a Trademark in South Africa. In criminal cases the State prosecutes the accused for acting outside of the law. How to file a South African trademark: Check that an identical trademark does not exist on the SA trademarks register ‐ you don't want to find yourself standing on Boswell Wilkie's big toes; Enter your brand name or upload your logo image; Select relevant classes for your branded goods / services Once a trade mark is registered in South Africa, it needs to be renewed every 10 years to stay in force. The lifespan of a copyright will depend on the work that has been registered: Literacy works: 50 years after death of the author Cinematograph films e.g. Any work originating in South Africa, where the author of the work is a national of South Africa or the work was first publised in South Africa, is given the same copyright protection in each of the other Berne Convention member countries. Musical works e.g. books and written composition novels. Copyright is secured automatically when you create an original work that people can see or hear such as a book, painting or music. Try again! The lifespan of a copyright will depend on the work that has been registered: Literacy works: 50 years after death of the author Literary works e.g. In some cases, it makes more sense to copyright the logo before it's publicly available so a competitor can't steal it. Note: The above are all extracts from the South African Trade Marks Register. SwiftReg can assist with this. Your story, once written will be classed as a “literary work”, whereas and drawings will be classed as “artistic works”. Staff Writer 10 June 2018. What to do? Register a trade mark Register your trade mark with the Companies and Intellectual Property Commission (CIPC), to prevent your competitors from using it. However, copyright protection can be extended through an official registration with the USPTO. broadcasting of films or music.

South African law allows the copyright owner to take legal action against the illegal copier. The copyright owner can open a civil or a criminal case.


Broadcasts e.g. There’s a better option out there! IP attorneys would require you to provide them with a copy of your intended trademark (name or slogan, or logo). Any work originating in South Africa, where the author of the work is a national of South Africa or the work was first publised in South Africa, is given the same copyright protection in each of the other Berne Convention member countries. Technically, you own the copyright to your work as soon as you create it. Register a trade mark Register your trade mark with the Companies and Intellectual Property Commission (CIPC), to prevent your competitors from using it. CIPC administers the Register of Trade Marks, which is the official record of all the trade marks that have formally been applied for and/or registered in the Republic of South Africa, since 1916. How to copyright an idea in South Africa. The arguments aren't because it's hard to copyright something—it's actually because it's so easy. South Africa is a signatory to various international intellectual property agreements, e.g. Process: Start now. In South Africa, the owner of copyright in a work is by statute given the exclusive right to perform certain specified acts in respect of his or her work or to authorise others to do so and hence to prevent unauthorised persons from performing those acts. Artistic works e.g. If you are copying music to resell, this is a direct copyright infringement; When copyrighted material is being used for commercial gain you are infringing. You can't copyright an unpublished logo.

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