Africa Trademarks, Designs & Patent PCT Applications

Smit & Van Wyk deals exclusively with trademarks, industrial designs and patent pct applications in South Africa and across Africa as a whole. Our qualified patent and trademark lawyers have the knowledge, experience and resources to give expert legal advice regarding your patent and trademark portfolio. We can assist with the filing, registration, prosecution and enforcement thereof. Our firm serves as a portal to the African continent for many foreign associates and multinational corporations. Smit & Van Wyk acts as a patent agent as well as a trademark agent for the whole African continent (including OAPI and ARIPO). We also file trademarks, designs and patent pct applications for our South African clients into foreign markets, while also assisting our foreign clients who wish to file in South Africa or the rest of Africa.

Smit & Van Wyk have been recognised by various legal guides including: Chambers Global; IAM Patent 100; Managing Intellectual Property; The Trademark Lawyer Magazine; The Patent Lawyer Magazine; Who’s Who Legal; World Trademark Review and has received a Lexology Client Choice.

IP in Africa

Africa refers to a single continent, but unlike the USA or Europe, Africa comprises 54 independent states of which their IP legislation is not harmonised. It is therefore imperative that proper consideration is given to whether and where to invest in Africa and which measures to take to protect such investment, including protection of Intellectual Property in Africa. The GDP growth is expected to average around 6% per annum between the years of 2013 and 2023. The primary fields of economic activity in Africa are: agriculture, energy, infrastructure, mining and drilling, manufacturing, pharmaceutical industries, investment and banking.

Why file a Patent and Trademark in Africa?

• The People’s Republic of China and Africa have a long history of trade between the territories and Africa remains a focus market for investment from The People’s Republic of China.
• Many African countries, including South Africa, are part of the Belt and Road Initiative which is supported by the Chinese government.
• South Africa and The People’s Republic of China are both BRICS members and there are strong intergovernmental ties between The People’s Republic of China and South Africa.
• The average economic growth rate in Africa is around 3.4%-4.1%, which makes Africa an attractive investment destination for investors.
• Luxury goods markets are unlocked in line with growth of African economies.
• Various patent jurisdictions have non-examining patent regimes in which rights are granted pending litigious challenges thereof. This leads to a shorter delay in rights being granted and certificates being issued to right holders.  In these jurisdictions the scope of patent claims often mirror the scope of claims granted in examining jurisdictions.
• Prosecution of patents in examining African jurisdictions are normally successful if pre-existing rights exist in foreign jurisdictions.
• Prosecution of trademarks in Africa are normally successful if pre-existing rights exist in foreign jurisdictions (and if no conflicting marks were filed in the relevant African jurisdiction).
• Regional filing regimes for trademarks and patents cover numerous jurisdictions via single filing regimes, being the ARIPO, OAPI and GCC filing systems.

It is important for right holders to establish an IP monopoly to exclude not only African competitors, but also foreign competitors establishing a competitive footprint in Africa.  An example can be found in the pharmaceutical industry that competes not only with brand name manufacturers, but also with generic manufacturers.

Patent PCT Applications

Our patent attorneys specialise in the identification, protection, prosecution and enforcement of patents in South Africa and abroad. Our registered patent attorney’s cover a number of technical disciplines, including: mechanical, electrical, electronic and software engineering as well as biotechnology, life sciences, pharmaceuticals and chemical engineering. South Africa is a member of the PCT and Paris Convention treaties. A patent PCT application will ensure that by filing one international patent application, that applicants can simultaneously seek protection for an invention in other PCT member countries. As a patent law firm, our experts litigate on these matters, and further, advise on IP valuation, licencing and related commercialisation aspects. With a passion for development in Africa, our patent department has built a trusted network of African agents over the past decade which allows us to extend these service offerings across the African continent.