Our Services

Intellectual Property Law

Our services include inter alia the following: Basic novelty searches, infringement and validity opinions, the drafting, filing and prosecution of local and foreign patent applications, enforcement and litigation.

A patent may be granted for any invention that is new (absolute novelty), involves an inventive step (not obvious to a person skilled in the art) and is capable of being applied in trade, industry and agriculture. Express provision is made for invention areas not capable of protection under the Patents Act 57 of 1978.  We recommend that a provisional patent is applied for at first instance as this inter alia allows the applicant to secure a priority date. A complete patent application is subsequently filed within 12 months (extendible by 3 months) of filing the provisional patent application. Patent rights are territorial and should the applicant wish to obtain protection abroad, it is possible to file a convention application and/or a Patent Cooperation Treaty (PCT) application within 12 months of filing the provisional patent application.

Currently, the South African Patents Office does not provide for the substantive examination of a patent application and should the Registrar be satisfied that the subscribed formal requirements have been met, a patent is granted. A patentee has the right to exclude others from making, using, offering to dispose of, dispose of and import the patented article, product or process for a term of 20 years. Proceedings for infringement may be instituted by patentee in the event that the aforementioned rights are intruded upon. In turn, the alleged infringer may counterclaim for the revocation of the patent.

Patents are subject to maintenance with prescribed renewal fees due on or before the third anniversary of the filing date.

For more information, please feel free to contact us today.

Our services include inter alia the following: Searches, infringement opinions, the drafting, filing and prosecution of local and foreign design applications, enforcement and litigation.

There are 2 types of designs namely aesthetic designs and functional designs. Design protection for the features of an article may be obtained for the shape and/or configuration and/or pattern and/or ornamentation thereof.

Aesthetic designs (Part A) are granted for articles that are new and original. This type of design has features that are judged solely by the eye and affords the proprietor thereof protection for a term of 15 years.

Functional designs (Part F) are granted for articles that are new and not common place in the art in question. This type of design has features that are necessitated by the function the article has to perform and affords the proprietor thereof protection for a term of 10 years.

An article may be registered in both Part A and Part F of the register. A design application may be filed within 6 months of the date it was first disclosed to the public. A registered proprietor has the right to exclude others from making, importing, using, or disposing of any article within the class the design is registered. Proceedings for infringement may be instituted by the registered proprietor in the event that the aforementioned rights are invaded upon. In turn, the alleged infringer may counterclaim for the revocation of the design.

Registered designs are subject to maintenance with prescribed renewal fees due on or before the third anniversary of the filing date.

For more information, please feel free to contact us today.

Our services include inter alia the following: Trade mark availability searches, the drafting, filing and prosecution of local and foreign trade mark applications enforcement and litigation.

Trade marks are used to distinguish the goods and services of a person from the goods and services of another person.

In order to ascertain whether a proposed mark is capable of registration, we recommend that a trade mark availability search is conducted prior to the filing of a trade mark application. During the trade mark availability search, we also ascertain the likelihood of the proposed mark infringing upon an existing trade mark and/or trade mark application. Express provision is made for marks that are deemed not to be registrable as trade marks under the Trade Marks Act 194 of 1993, as amended.

Trade marks are classified and registered in respect of goods or services falling within a particular class or classes. Proceedings for infringement may be instituted by a registered proprietor when in the course of trade there is unauthorized use of a mark identical or similar to the trade mark and in relation to the same goods or services that such use is likely to confuse or deceive; unauthorized use of a mark identical or similar to trade mark in question in respect of similar goods or services that such use is likely to cause deception or confusion; and unauthorized use of a mark identical or similar to a trade mark well-known in the Republic in relation to any goods or services that such use is likely to take unfair advantage of, or be detrimental to the distinctive character or repute of the well-known trade mark.

Trade marks are valid for intervals of 10 years and subject to the payment of the prescribed renewal fee.

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Our services include inter alia the following: Infringement opinions, enforcement and litigation.

Original works that are eligible for copyright are as follows: literary works; musical works; artistic works; cinematograph films; sound recordings; broadcasts; programme-carrying signals; published editions; and computer programs. A work is deemed original in that the author must have expended skill and effort in creating the work and not merely copied from an earlier work. Apart from a broadcast and program-carrying signal, copyright vests in works reduced to material form.

Ownership of copyright vests in the author of the work and is transmissible as a movable of asset either by way of assignment, testamentary disposition or operation of law.

The nature of the copyright in the aforementioned works vests the exclusive rights to do or authorize different acts in the Republic. A person who is not the owner of the copyright and who in the absence of a licence of the owner, does or causes another person to do any act which the owner has the exclusive rights to do or authorize, shall infringe the copyright work in question. Such infringement is actionable by the owner of the copyright.

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Cyber law is the law that regulates how the internet is used. We recommend that when registering a trade mark, that our clients also register a domain name and vice versa. A domain name is the website address used to find you on the internet. Domain names differ from trade marks in that the user of the registered domain name does not have a statutory right and is only afforded a common law right, should the domain name have acquired a reputation. Furthermore, domain names are registered on a first come first serve basis and it does not imply that the same domain name is registrable as a trade mark or even a company name. In the event that there is a dispute between a registered proprietor of a trade mark and a domain name user, as the former has stronger statutory right, he may compel the latter to transfer the domain name.

For more information, please feel free to contact us today.

Additional Services

Our services include inter alia the following: The drafting of legal opinions and attending to instituting and defending of motion and/or action proceedings in the Magistrates’ Courts and High Court, antenuptial contracts, divorce proceedings, collections and Road Accident Fund (RAF) claims.

Proceedings are instituted in the Magistrates’ Court and High Courts by way of application(motion) proceedings or action(summons) proceedings. Motion proceedings are brought by way of a Notice of Motion supported by a Founding Affidavit. Action proceedings are brought by way of a Summons supported by a Particulars of Claim. The main difference between motion and action proceedings is that in the former case there is no dispute of facts and oral evidence is generally not heard during the trial stage. In the case of action proceedings there is a dispute of facts and oral evidence is heard during the trial stage. High Courts have inherent jurisdiction whereas Magistrates’ Courts are creature of statute.

At Yolandi Coetzee and Associates we treat each matter with utmost care and strive for a client-based outcome.

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Our services include inter alia the following: The drafting and interpretation of various commercial and contractual agreements such as lease agreements, sale of shares agreements, licensing agreements, distribution agreements, franchise agreements, employment contracts as well as commercial litigation.

Commercial law is the area of law  that regulates and develops the business world and it applies to the rights, relations as well as the conduct of persons and businesses that are engaged in commerce, merchandising, trade and sales.

The law of contract stipulate various requirements that have to be met in order for a valid contract to exist in South Africa. Contract law forms part of the law of obligations with the legal effect of a valid contract being the duty of the parties to perform their obligations.

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Our services include inter alia the following: conventional transfers of properties including the transfer of commercial property, notarial bonds, drafting of agreements of sale as well as property law litigation.

Property law relates to the area of law governing the different forms of ownership and tenancy in real property. In essence it is the law that regulates the rights of people in relation to or over certain objects or things.

Property transfer relates to the transfer of property moved from one person to another person.

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Yolandi Coetzee Attorneys and Associates Inc. is ideally situated and falls within the jurisdiction of the Pretoria Magistrate Court and High Court. We offer cost-effective correspondent services to attorneys across South Africa.

We are also able to attend to the daily filings of patent, design and trade mark forms at the Companies Intellectual Property Commission (CIPC).

For more information, please feel free to contact us today!