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# www.kisch-ip.com
> For the last 150 years, assisted clients from small to large businesses in all sectors, in safeguarding their intellectual property rights.
## Home
[Kisch-IP: A Specialist Intellectual Property Law Firm](https://www.kisch-ip.com/): For the last 150 years, assisted clients from small to large businesses in all sectors, in safeguarding their intellectual property rights.
## ContactUs
[Contact Us](https://www.kisch-ip.com/ContactUs):
## OurServices
[Trade Marks](https://www.kisch-ip.com/OurServices/TradeMarks):
[Commercial Law](https://www.kisch-ip.com/OurServices/CommercialLaw):
[Patents](https://www.kisch-ip.com/OurServices/Patents):
[KISCH IP - Intellectual Property (IP) Litigation](https://www.kisch-ip.com/OurServices/Patents/3/IntellectualProperty(IP)Litigation):
[KISCH IP - Design](https://www.kisch-ip.com/OurServices/Patents/4/Design):
[KISCH IP - Plant Breeder’s Rights](https://www.kisch-ip.com/OurServices/Patents/1/PlantBreedersRights):
[KISCH IP - Intellectual Property (IP) Valuations](https://www.kisch-ip.com/OurServices/Patents/2/IntellectualProperty(IP)Valuations):
[KISCH IP - Copyright](https://www.kisch-ip.com/OurServices/Patents/5/Copyright):
[KISCH IP - Intellectual Property (IP) Litigation](https://www.kisch-ip.com/OurServices/TradeMarks/3/IntellectualProperty(IP)Litigation):
[KISCH IP - Anti-Counterfeiting](https://www.kisch-ip.com/OurServices/TradeMarks/7/Anti-Counterfeiting):
[KISCH IP - Copyright](https://www.kisch-ip.com/OurServices/TradeMarks/5/Copyright):
[KISCH IP - Advertising](https://www.kisch-ip.com/OurServices/TradeMarks/8/Advertising):
[KISCH IP - Internet, E-commerce, Domain Names & Social Media](https://www.kisch-ip.com/OurServices/TradeMarks/9/InternetE-commerceDomainNamesAndSocialMedia):
[KISCH IP - Intellectual Property (IP) Valuations](https://www.kisch-ip.com/OurServices/TradeMarks/2/IntellectualProperty(IP)Valuations):
[KISCH IP - Intellectual Property (IP) Litigation](https://www.kisch-ip.com/OurServices/CommercialLaw/3/IntellectualProperty(IP)Litigation):
[KISCH IP - Internet, E-commerce, Domain Names & Social Media](https://www.kisch-ip.com/OurServices/CommercialLaw/9/InternetE-commerceDomainNamesAndSocialMedia):
[KISCH IP - Intellectual Property (IP) Valuations](https://www.kisch-ip.com/OurServices/CommercialLaw/2/IntellectualProperty(IP)Valuations):
[KISCH IP - Competition Law](https://www.kisch-ip.com/OurServices/CommercialLaw/10/CompetitionLaw):
[KISCH IP - Franchising](https://www.kisch-ip.com/OurServices/CommercialLaw/11/Franchising):
## Articles
[KISCH IP - Zambia Implements Major Intellectual Property Reforms with New Trade Marks Act](https://www.kisch-ip.com/Articles/Read/473/Zambia-Implements-Major-Intellectual-Property-Reforms-with-New-Trade-Marks-Act): Zambia has introduced significant changes to its trade mark laws through the Trade Marks Act No. 11 of 2023, which officially came into effect on 31 December 2025. This new Act replaces the outdated 1958 legislation and Zambian trade mark law more into alignment with international standards.
[KISCH IP - ARIPO Integrated into UPOV PRISMA for Online Plant Variety Protection Applications](https://www.kisch-ip.com/Articles/Read/451/ARIPO-Integrated-into-UPOV-PRISMA-for-Online-Plant-Variety-Protection-Applications): The African Regional Intellectual Property Organization (ARIPO) has officially been integrated into the UPOV PRISMA electronic filing platform, enabling breeders to submit Plant Variety Protection (PVP) applications online under the Arusha Protocol for the Protection of New Varieties of Plants.
[KISCH IP - The Value of Design Protection in South Africa: Lessons from a Recent Court Case](https://www.kisch-ip.com/Articles/Read/461/The-Value-of-Design-Protection-in-South-Africa-Lessons-from-a-Recent-Court-Case): When it comes to intellectual property (IP), patents, trade marks, and copyright often take centre stage. Yet, design law is a powerful but underutilised tool in South Africa. A recent judgment in Balser Jan Nienhuis v Africo Solar (Pty) Ltd has brought this into sharp focus, reminding entrepreneurs that design protection can be decisive in safeguarding innovation, deterring copycats, and securing market advantage.
[KISCH IP - South Africa: New Plant Improvement Act now in force – What industry participants need to know](https://www.kisch-ip.com/Articles/Read/475/South-Africa-New-Plant-Improvement-Act-now-in-force--What-industry-participants-need-to-know): The Plant Improvement Act, 2018 (Act 11 of 2018) and its Regulations are in operation with effect from 1 December 2025, replacing the previous Plant Improvement Act, 1976 framework.
[Articles](https://www.kisch-ip.com/Articles):
[KISCH IP - CLASH OF THE BRAND GIANTS: 7-ELEVEN VS NIKE](https://www.kisch-ip.com/Articles/Read/509/CLASH-OF-THE-BRAND-GIANTS-7ELEVEN-VS-NIKE): What comes to mind when you see a combination of orange, green and red stripes? For 7‑Eleven, the answer is clear. After decades of extensive use, the retailer contends that its distinctive tri-colour stripe branding has become an instantly recognisable badge of origin...
[KISCH IP - Competition Commission Proposes Market Inquiry into South Africa’s Franchising Sector](https://www.kisch-ip.com/Articles/Read/508/Competition-Commission-Proposes-Market-Inquiry-into-South-Africas-Franchising-Sector): South Africa’s franchising sector is set to come under increased regulatory scrutiny following the Competition Commission’s publication of draft Terms of Reference for the proposed South African Franchise Market Inquiry.
[KISCH IP - Who owns your logo? The answer might surprise you](https://www.kisch-ip.com/Articles/Read/506/Who-owns-your-logo-The-answer-might-surprise-you): A logo is often treated as something a business naturally owns. It appears on the website, email signatures, packaging, proposals, invoices, social media pages and marketing material. It may have been used for years and may be closely associated with the business in the minds of clients, customers and suppliers.
[KISCH IP - South Africa’s Draft Food Labelling Regulations (R.3337): Current Status and Practical Steps for Manufacturers](https://www.kisch-ip.com/Articles/Read/507/South-Africas-Draft-Food-Labelling-Regulations-R3337-Current-Status-and-Practical-Steps-for-Manufacturers): Draft Regulation R.3337 was published for comment in April 2023. However, it remains a draft three years later. As such, the calls for implementation continue from civil society organisations and industry stakeholders, based primarily on the health issues facing South Africans.
[KISCH IP - South Africa's Evolving Non-Proliferation Framework: Implications for Innovation, Intellectual Property and Commercialisation](https://www.kisch-ip.com/Articles/Read/505/South-Africas-Evolving-NonProliferation-Framework-Implications-for-Innovation-Intellectual-Property-and-Commercialisation): With South Africa's chemical controls notice becoming due for its scheduled review and amendment, relevant stakeholders should remain alert to the publication of the updated notice, which may introduce changes affecting regulated activities..
[KISCH IP - Constitutional Court delivers landmark Copyright Bill judgment](https://www.kisch-ip.com/Articles/Read/504/Constitutional-Court-delivers-landmark-Copyright-Bill-judgment): The Constitutional Court recently handed down its much-anticipated judgment in Ex parte President of the Republic of South Africa: In re Constitutionality of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill [2026] ZACC 26, marking a significant development in South Africa’s copyright law reform process.
[Articles](https://www.kisch-ip.com/Articles?year=2025):
[Articles](https://www.kisch-ip.com/Articles?year=2026):
[Articles](https://www.kisch-ip.com/Articles?year=2024):
[Articles](https://www.kisch-ip.com/Articles?year=2021):
[Articles](https://www.kisch-ip.com/Articles?year=2022):
[Articles](https://www.kisch-ip.com/Articles?year=2023):
[Articles](https://www.kisch-ip.com/Articles?year=2020):
[Articles](https://www.kisch-ip.com/Articles?year=2019):
[Articles](https://www.kisch-ip.com/Articles?year=2017):
[Articles](https://www.kisch-ip.com/Articles?year=2018):
[Articles](https://www.kisch-ip.com/Articles?year=2016):
[Articles](https://www.kisch-ip.com/Articles?year=2012):
[Articles](https://www.kisch-ip.com/Articles?year=2013):
[Articles](https://www.kisch-ip.com/Articles?year=2015):
[Articles](https://www.kisch-ip.com/Articles?year=2014):
[Articles](https://www.kisch-ip.com/Articles?year=2010):
[KISCH IP - UPC Claim Construction: What South African Practitioners and Clients Should Know](https://www.kisch-ip.com/Articles/Read/491/UPC-Claim-Construction-What-South-African-Practitioners-and-Clients-Should-Know): The Unified Patent Court (UPC) has changed European patent litigation from a set of national contests into a single high-stakes forum in many cases. For South African practitioners and clients who file through the EPO, this is significant since claim construction now affects both pan-European enforcement and pan-European revocation. During the transitional period (until 31 May 2030), conventional European patents may still be litigated nationally or opt out of the UPC. However, once you have opted in, you cannot opt out of Unitary Patents.
[KISCH IP - Shared innovation, shared risks: Why joint IP ownership isn't always a smart business move](https://www.kisch-ip.com/Articles/Read/438/Shared-innovation-shared-risks-Why-joint-IP-ownership-isnt-always-a-smart-business-move): Collaboration is integral to innovation. Whilst joint ownership arrangements can seem beneficial, promising mutual advantages and shared success; in South Africa, the notion of joint ownership in equa...
[KISCH IP - Updated Regulations on Vinegar Product Labelling in South Africa: What Has Changed & How to Avoid the Sour Taste](https://www.kisch-ip.com/Articles/Read/487/Updated-Regulations-on-Vinegar-Product-Labelling-in-South-Africa-What-Has-Changed--How-to-Avoid-the-Sour-Taste): Effective immediately from 13 March 2026, amendments to the Regulations Relating to the Classification, Packing and Marking of Vinegar and Imitation Vinegar have come into force under the Agricultural Product Standards Act, 1990 (Government Notice No. R.7218, the ‘Amendments’). The Amendments introduce important changes affecting class designations, acidity declarations, marketing claims and supply‑chain transparency for vinegar products sold in South Africa.
[KISCH IP - Why IP Ownership Comes First: Lessons from Latib v Bonitas Medical Fund](https://www.kisch-ip.com/Articles/Read/495/Why-IP-Ownership-Comes-First-Lessons-from-Latib-v-Bonitas-Medical-Fund): The decision in Latib v Bonitas Medical Fund provides a clear cautionary reminder of a foundational principle of intellectual property law: only the owner of intellectual property, or a party authorised by the owner, may enforce rights in that property. Although the matter arose in the context of contractual and settlement disputes, the case ultimately turned on a decisive intellectual property issue.
[KISCH IP - The Inventor’s Gateway: Financial Support Systems Shaping South Africa’s IP Future](https://www.kisch-ip.com/Articles/Read/490/The-Inventors-Gateway-Financial-Support-Systems-Shaping-South-Africas-IP-Future): South Africa remains a continental leader throughout Africa in intellectual property (IP) governance. South Africa’s patent landscape reflects a dual character: it is both a regional leader in Africa and a system that is heavily dependent on foreign innovation. Although the country ranks 46th globally in patent applications, recent data indicates a decline in filings, particularly among resident applicants.
[KISCH IP - NCC sanctions against we buy cars: Pivotal lessons for suppliers of pre-owned vehicles](https://www.kisch-ip.com/Articles/Read/493/NCC-SANCTIONS-AGAINST-WE-BUY-CARS-PIVOTAL-LESSONS-FOR-SUPPLIERS-OF-PREOWNED-VEHICLES): The National Consumer Commission (‘NCC’) has delivered a significant decision which can only have wide-ranging implications for suppliers in the pre-owned motor vehicle industry. In a landmark enforcement action, the NCC has imposed sanctions against We Buy Cars (‘WBC’) for various contraventions of the Consumer Protection Act 68 of 2008 (‘CPA), reinforcing the limitation of the supplier’s ability to contract out of statutory provisions which seek to protect consumers and their rights.
[KISCH IP - NEWSFLASH: Madrid System Fees - Jersey (Bailiwick of Jersey)](https://www.kisch-ip.com/Articles/Read/502/NEWSFLASH-Madrid-System-Fees--Jersey-Bailiwick-of-Jersey): WIPO has published Madrid System Information Notice No. 32/2026 confirming that, with effect from 01 August 2026, individual fees will apply where Jersey (the Bailiwick of Jersey) is designated under the Madrid System.
[KISCH IP - AI-Generated Inventions and Patent Ownership in South Africa](https://www.kisch-ip.com/Articles/Read/503/AIGenerated-Inventions-and-Patent-Ownership-in-South-Africa): Artificial intelligence has become an integral part of research and development across industries ranging from pharmaceuticals and biotechnology to mining, engineering, software development and advanced manufacturing.
[KISCH IP - The Cost-Benefit Analysis in Global Trade Mark Protection](https://www.kisch-ip.com/Articles/Read/501/The-CostBenefit-Analysis-in-Global-Trade-Mark-Protection): National borders are increasingly less relevant to how brands are used, but trade marks are still the key to how brands are protected legally.
[KISCH IP - A New Era for Trade Mark Protection in the Maldives](https://www.kisch-ip.com/Articles/Read/499/A-New-Era-for-Trade-Mark-Protection-in-the-Maldives): The Maldives is on the cusp of significant transformation in trade mark protection with the introduction of its first dedicated Trademark Act (Law No. 19/2025).
[KISCH IP - South Africa’s 2026 CPA Amendment Regulations and the National Opt Out Regime](https://www.kisch-ip.com/Articles/Read/498/South-Africas-2026-CPA-Amendment-Regulations-and-the-National-Opt-Out-Regime): On 15 April 2026, the new regulations to the Consumer Protection Act came into effect. These Regulations fundamentally change how unsolicited electronic marketing, such as spam calls, SMSs and digital platform messages, are regulated under the CPA.
[KISCH IP - NEW REGULATION: Mayonnaise, Salad Cream and Salad Dressing Labelling Requirements](https://www.kisch-ip.com/Articles/Read/497/NEW-REGULATION-Mayonnaise-Salad-Cream-and-Salad-Dressing-Labelling-Requirements): A new set of regulations has been published under the Agricultural Product Standards Act governing the classification, packing, and marking of mayonnaise, salad cream, salad dressing, and salad oil dressing intended for sale in the Republic of South Africa.
[KISCH IP - Before the Starting Gun: How Innovation and Patents Are Reshaping Modern Sport](https://www.kisch-ip.com/Articles/Read/496/Before-the-Starting-Gun-How-Innovation-and-Patents-Are-Reshaping-Modern-Sport): From the roar of the crowd to the split-second finish at the line, sport is built on performance. But behind every world record, lighter racket, smarter ball or faster shoe lies a quieter competition; one fought in research labs, design studios and before Patent Offices. Innovation is the unseen athlete of modern sport and patents are its medals.
[KISCH IP - NCC sanctions against we buy cars: Pivotal lessons for suppliers of pre-owned vehicles](https://www.kisch-ip.com/Articles/Read/493/NCC-sanctions-against-we-buy-cars-Pivotal-lessons-for-suppliers-of-preowned-vehicles): The National Consumer Commission (‘NCC’) has delivered a significant decision which can only have wide-ranging implications for suppliers in the pre-owned motor vehicle industry. In a landmark enforcement action, the NCC has imposed sanctions against We Buy Cars (‘WBC’) for various contraventions of the Consumer Protection Act 68 of 2008 (‘CPA), reinforcing the limitation of the supplier’s ability to contract out of statutory provisions which seek to protect consumers and their rights.
[KISCH IP - No Springboarding: Interdict Ordered Against Unlawful Use of Confidential Information](https://www.kisch-ip.com/Articles/Read/492/No-Springboarding-Interdict-Ordered-Against-Unlawful-Use-of-Confidential-Information): The North West High Court recently decided in favor of the protection of a company’s confidential information and trade secrets involving two former senior employees. DISPRO TECH SA (PTY) LTD (the applicant), a specialist gas emission testing company in the mining sector (one of its kind in South Africa), approached the court after discovering that two of its former senior employees established a competing business shortly after leaving employment.
[KISCH IP - NEWSFLASH: New regulations relating to vinegar and imitation vinegar labelling regulations](https://www.kisch-ip.com/Articles/Read/485/NEWSFLASH-New-regulations-relating-to-vinegar-and-imitation-vinegar-labelling-regulations): Effective immediately from 13 March 2026, South Africa has amended the Vinegar And Imitation Vinegar Labelling Regulations, with immediate consequences for packaging, class designations, acidity statements, and front-of-pack claims.
[KISCH IP - Companies Tribunal: Company Name Amendment Ordered Due to Pre-Existing Trade Mark Rights](https://www.kisch-ip.com/Articles/Read/483/Companies-Tribunal-Company-Name-Amendment-Ordered-Due-to-PreExisting-Trade-Mark-Rights): The Companies Tribunal on 13 February 2026 issued a decision regarding a company name objection based on trade mark rights, in the matter of Assembled Investments (Pty) Ltd (the applicant), and Rosemary (Pty) Ltd (the first respondent), with the Registrar of Companies as the second respondent.
[KISCH IP - The South African Patent Office is offering free substantive search and examination](https://www.kisch-ip.com/Articles/Read/482/The-South-African-Patent-Office-is-offering-free-substantive-search-and-examination): Under the current South African patent system, the Patent Office does not substantively examine patent applications for novelty or inventiveness before grant. Instead, South Africa operates what is commonly referred to as a non-examining (or depository) system, in terms of which it is the responsibility of the patent applicant to ensure that the claims define an invention that is new and inventive over the state of the art.
[KISCH IP - South Africa Implements Electronic Issuance of Patent Certificates](https://www.kisch-ip.com/Articles/Read/479/South-Africa-Implements-Electronic-Issuance-of-Patent-Certificates): The Companies and Intellectual Property Commission (CIPC) has announced that, with effect from 2 February 2026, all South African patents and patents of addition will be issued electronically. Certified copies will likewise be issued in electronic form only.
[KISCH IP - What’s New in the 13th Edition of the Nice Classification (2026)](https://www.kisch-ip.com/Articles/Read/481/Whats-New-in-the-13th-Edition-of-the-Nice-Classification-2026): The adoption of the 13th Edition of the Nice Classification, the international system for categorising goods and services for trade mark purposes, introduces a number of structural reclassifications for new trade mark applications. This edition seeks to better reflect modern commerce, emerging technologies and functional distinctions between goods and services.
[KISCH IP - A Scent of Protection: Olfactory (Smell) Marks in India, the Commonwealth, and Lessons for South Africa](https://www.kisch-ip.com/Articles/Read/472/A-Scent-of-Protection-Olfactory-Smell-Marks-in-India-the-Commonwealth-and-Lessons-for-South-Africa): The Indian Trade Marks Registry has accepted its first olfactory (smell) mark. It is trade mark application no. 5860303 filed by SUMITOMO RUBBER INDUSTRIES, LTD with the title: “FLORAL FRAGRANCE/ SMELL REMINISCENT OF ROSES AS APPLIED TO TYRES”. What got this application over the line to acceptance – other than the smell of roses as applied to tyres being distinctive – is that it provides a seven-dimensional olfactory graph which plots the rose scent across seven olfactory axes. Pretty neat! Below is the graph for you to see for yourself:
[KISCH IP - Tanzania court declares ARIPO trade marks unenforceable: What this means for brand owners](https://www.kisch-ip.com/Articles/Read/471/Tanzania-court-declares-ARIPO-trade-marks-unenforceable-What-this-means-for-brand-owners): The Court of Appeal of Tanzania has issued a landmark ruling in the case of Lakairo Industries Group Co. Limited & 2 Others vs Kenafrica Industries Limited & 2 others (Civil Appeal No. 593 of 2022) confirming that trade marks registered through the African Regional Intellectual Property Organization (ARIPO) under the Banjul Protocol are not enforceable in Tanzania. Although the United Republic of Tanzania acceded to the Banjul Protocol in 1999, it has never ratified nor incorporated the protocol into its domestic legislation. As a result, ARIPO registrations designating Tanzania have no legal effect within the country.
[KISCH IP - #ad: NOT JUST A HASHTAG BUT INFLUENCING WITH INTEGRITY - What social media influencers need to know about disclosure.](https://www.kisch-ip.com/Articles/Read/469/ad-NOT-JUST-A-HASHTAG-BUT-INFLUENCING-WITH-INTEGRITY----What-social-media-influencers-need-to-know-about-disclosure): Influencer marketing is a popular way of getting your product in front of your target audience. Watching a social media influencer’s shopping haul or scrolling past a post gushing over a specific brand, one can’t help but wonder: does this influencer genuinely love this product or is this a paid partnership?
[KISCH IP - UPDATES TO THE ARB CODE: WHAT ALCOHOL BRANDS NEED TO KNOW ABOUT VEHICLE ADVERTISING](https://www.kisch-ip.com/Articles/Read/470/UPDATES-TO-THE-ARB-CODE-WHAT-ALCOHOL-BRANDS-NEED-TO-KNOW-ABOUT-VEHICLE-ADVERTISING): Over and above the general provisions of the ARB Code, there are also specialised sections that govern advertising standards within specific industries (such as alcohol, food, healthcare, and others) each of which imposes additional requirements tailored to the sensitivities and regulatory concerns of that sector.
[KISCH IP - Artificial Intelligence, False Citations, and Professional Duties: Lessons from Northbound Processing](https://www.kisch-ip.com/Articles/Read/468/Artificial-Intelligence-False-Citations-and-Professional-Duties-Lessons-from-Northbound-Processing): The Gauteng Division of the High Court recently handed down a significant judgment in Northbound Processing (Pty) Ltd v South African Diamond and Precious Metals Regulator & Others (Case No. 2025-072038, 30 June 2025, DJ Smit AJ). While the case primarily concerned interim relief compelling the release of a refining licence, it has attracted wider attention because of an ethical issue in Northbound’s heads of argument: the citation of non-existent cases generated by an AI legal research tool.
[KISCH IP - Key developments expected in South Africa’s IP framework](https://www.kisch-ip.com/Articles/Read/467/Key-developments-expected-in-South-Africas-IP-framework): South Africa is on the cusp of a significant transformation in its intellectual property (IP) law, with upcoming Patents and Designs Amendment Bills poised to reshape how intellectual property is protected and regulated in the country.
[KISCH IP - Recordal of trademarks for imported goods required in Tanzania](https://www.kisch-ip.com/Articles/Read/466/Recordal-of-trademarks-for-imported-goods-required-in-Tanzania): On 1 September 2025, The Fair Competition Commission (“FCC”) in Tanzania announced the launch of a mandatory trademark recordation system for Tanzania Mainland. All trademarks associated with imported goods, regardless of where they are registered, must be formally recorded with the Chief Inspector of Merchandise Marks in the prescribed manner.
[KISCH IP - MOZAMBIQUE: TRADE MARK REGISTRATIONS RENEWALS AND DECLARATION OF INTENTION TO USE](https://www.kisch-ip.com/Articles/Read/460/MOZAMBIQUE-TRADE-MARK-REGISTRATIONS-RENEWALS-AND-DECLARATION-OF-INTENTION-TO-USE): In Mozambique, trade mark registration involves more than the standard ten-year renewal. A unique requirement under the country’s Intellectual Property Code (Articles 138, 153, and 162) mandates the filing of a Declaration of Intention to Use (DIU) every five years to ensure the continued validity and enforceability of the mark.
[KISCH IP - Important Update: Implementation of Increased Official Fees for Intellectual Property (IP) Services in Zanzibar](https://www.kisch-ip.com/Articles/Read/459/Important-Update-Implementation-of-Increased-Official-Fees-for-Intellectual-Property-IP-Services-in-Zanzibar): On 18 July 2025, the Zanzibar IP Office announced the implementation of increased official fees, set to take effect from 11 August 2025.
[KISCH IP - Africa IP Update | Period covered: 1 January – 30 June 2025](https://www.kisch-ip.com/Articles/Read/464/Africa-IP-Update--Period-covered-1-January--30-June-2025):
[KISCH IP - Leveraging Data-Driven Innovation in the IP Ecosystem: A Trade Mark Prosecution Perspective in a Complex Game of Chess](https://www.kisch-ip.com/Articles/Read/457/Leveraging-DataDriven-Innovation-in-the-IP-Ecosystem-A-Trade-Mark-Prosecution-Perspective-in-a-Complex-Game-of-Chess): The IP ecosystem is rapidly evolving, in keeping with a highly competitive and fast-growing global market (which, for purposes of this article, serves as a chessboard).
[KISCH IP - The "face-off" between Denmark and AI](https://www.kisch-ip.com/Articles/Read/458/The-faceoff-between-Denmark-and-AI): We have all witnessed how the rise of artificial intelligence (“AI”) has enabled the manipulation of images and videos to an unprecedented degree. In particular, people’s faces are often altered or replicated in such a realistic manner that many viewers struggle to determine whether the content is genuine or artificially generated.
[KISCH IP - From Telegraph Wires to Qubits: 150 Years of KISCH IP and the Technologies Shaping Tomorrow](https://www.kisch-ip.com/Articles/Read/455/From-Telegraph-Wires-to-Qubits-150-Years-of-KISCH-IP-and-the-Technologies-Shaping-Tomorrow): When Daniel Montague Kisch opened a small patent agency in Pretoria in 1874, the telephone had not yet rung its first call and Edison’s incandescent bulb was still on the drawing board. A century-and-a-half later, the firm that now trades as KISCH IP stands at the heart of Africa’s innovation economy, guiding clients through a landscape dominated by generative artificial intelligence (AI) and quantum computing.
[KISCH IP - South African Constitutional Court Grants Copyright Access to Blind Individuals](https://www.kisch-ip.com/Articles/Read/454/South-African-Constitutional-Court-Grants-Copyright-Access-to-Blind-Individuals): In a landmark ruling, the South African Constitutional Court has taken a significant step toward inclusivity by granting blind and visually impaired individuals the right to access copyrighted works in accessible formats—without needing prior permission from copyright owners.
[KISCH IP - PAIA Compliance Notice - South Africa](https://www.kisch-ip.com/Articles/Read/449/PAIA-Compliance-Notice--South-Africa): The annual PAIA Reporting deadline is 30 June 2025
[KISCH IP - Seeds of Change: South Africa Implements its New Plant Breeders’ Rights Act to Strengthen Agricultural Innovation](https://www.kisch-ip.com/Articles/Read/450/Seeds-of-Change-South-Africa-Implements-its-New-Plant-Breeders-Rights-Act-to-Strengthen-Agricultural-Innovation): June 2025 marks a pivotal moment in South Africa’s Intellectual Property and agricultural policy landscape with the official commencement of the 2018 Plant Breeders’ Rights Act.
[KISCH IP - Accession of Mauritius to the Harare Protocol](https://www.kisch-ip.com/Articles/Read/448/Accession-of-Mauritius-to-the-Harare-Protocol): The Republic of Mauritius became the 21st member state of the Harare Protocol on Patents, Industrial Designs, and Utility Models by deposit of its Instrument of Accession on 27 May 2025. The Acting Co...
[KISCH IP - Increase in official examination fees for patent applications in Egypt](https://www.kisch-ip.com/Articles/Read/452/Increase-in-official-examination-fees-for-patent-applications-in-Egypt): On 10 June 2025, the Egyptian Intellectual Property Authority (EGIPA) issued Ministerial Decision No. 26 of 2025, introducing an increase in the official examination fees of patent applications in Egypt.
[KISCH IP - Digital Guardians: Protecting Your Brand in the Social Media Jungle](https://www.kisch-ip.com/Articles/Read/446/Digital-Guardians-Protecting-Your-Brand-in-the-Social-Media-Jungle): In today's hyper-connected world, social media is a double-edged sword for trademark owners. Platforms like Instagram, Facebook and TikTok offer unparalleled brand visibility and customer engagement,...
[KISCH IP - KISCH IP Celebrates World IP Day 2025](https://www.kisch-ip.com/Articles/Read/444/KISCH-IP-Celebrates-World-IP-Day-2025): KISCH IP Celebrates World IP Day 2025 with the theme IP and music: Feel the beat of IP. VODCAST The Vodcast hosted by KISCH IP features Director and Trade Mark attorney Tammi Pretorius, S...
[KISCH IP - Intellectual Property in South Africa: Possible Future inclusion of Utility Models](https://www.kisch-ip.com/Articles/Read/445/Intellectual-Property-in-South-Africa-Possible-Future-inclusion-of-Utility-Models): Intellectual property (IP) plays a key role in fostering innovation and creativity, protecting the rights of inventors and creators. In South Africa, IP protection for novel inventions has traditional...
[KISCH IP - The AI Crossroads: Navigating the Ethical and Legal Maze of IP ](https://www.kisch-ip.com/Articles/Read/447/The-AI-Crossroads-Navigating-the-Ethical-and-Legal-Maze-of-IP): Imagine a global fashion brand launching a new logo. Their lawyers, deploying Artificial Intelligence (AI) powered trademark search tools, scan millions of existing logos and brand marks in seconds, s...
[KISCH IP - The "UGG"ly lesson - The Importance of Conducting Due Diligence](https://www.kisch-ip.com/Articles/Read/443/The-UGGly-lesson--The-Importance-of-Conducting-Due-Diligence): The "UGG"ly lesson - The Importance of Conducting Due DiligenceThe UGG brand has long been synonymous with comfort, style, and luxury in the world of footwear. Over the years, this simple yet innovati...
[KISCH IP - Local company wins patent dispute against foreign pharmaceutical corporation, to supply a cheaper cancer drug](https://www.kisch-ip.com/Articles/Read/442/Local-company-wins-patent-dispute-against-foreign-pharmaceutical-corporation-to-supply-a-cheaper-cancer-drug): On the 25th of February 2025, a local pharmaceutical company, called Eurolab, won a patent dispute against two foreign entities: the University of California and Astellas Pharma Europe Ltd. The disput...
[KISCH IP - The Power of a Trade Mark](https://www.kisch-ip.com/Articles/Read/437/The-Power-of-a-Trade-Mark): In a bustling marketplace, trade marks serve as invaluable guardians of identity and reputation. A trade mark is a distinctive sign, design, or expression that identifies and differentiates the goods...
[KISCH IP - Explanation of Broadening the Tax Base and Strengthened Enforcement](https://www.kisch-ip.com/Articles/Read/441/Explanation-of-Broadening-the-Tax-Base-and-Strengthened-Enforcement): Explanation of Broadening the Tax Base and Strengthened Enforcement: In the context of the 2025 South African Budget, the concepts of broadening the tax base and enhanced enforcement represent essenti...
[KISCH IP - Future Beats: How AI and Smart Contracts are Remixing Music Royalties](https://www.kisch-ip.com/Articles/Read/439/Future-Beats-How-AI-and-Smart-Contracts-are-Remixing-Music-Royalties): Celebrating World Intellectual Property Day with the theme "IP and Music," the music industry is entering an exciting new era driven by artificial intelligence (AI) and blockchain-based smart contract...
[KISCH IP - Recent amendments to the Currency and Exchanges Manual for Authorised Dealers reduce red tape for South African resident entities](https://www.kisch-ip.com/Articles/Read/435/Recent-amendments-to-the-Currency-and-Exchanges-Manual-for-Authorised-Dealers-reduce-red-tape-for-South-African-resident-entities): Towards the end of 2024 the South African Reserve Bank (“SARB”) issued a final circular, which included some good news for South African resident entities. Most notably, South African resident entitie...
[KISCH IP - SA Competition Commission Investigates Insulin Pen Manufacturers](https://www.kisch-ip.com/Articles/Read/434/SA-Competition-Commission-Investigates-Insulin-Pen-Manufacturers): The South African Competition Commission has launched an investigation into insulin pen manufacturers Novo Nordisk and Sanofi Aventis. According to the Health Justice Initiative (HJI), the probe aims...
[KISCH IP - ARIPO official fee increases from 1 March 2025](https://www.kisch-ip.com/Articles/Read/432/ARIPO-official-fee-increases-from-1-March-2025): On 31 January 2025, the African Regional Intellectual Property Organization (ARIPO) published the amended Harare Protocol on Patents, Utility Models, and...
[KISCH IP - Deregistration of Companies due to Non-Compliance with the Companies Act](https://www.kisch-ip.com/Articles/Read/430/Deregistration-of-Companies-due-to-NonCompliance-with-the-Companies-Act): The CIPC has commenced bulk deregistration of companies with outstanding annual returns and unfiled beneficial ownership declarations. To view the media statement from the CIPC please click here. Shou...
[KISCH IP - Patently Picky: When Being Selective Pays Off](https://www.kisch-ip.com/Articles/Read/431/Patently-Picky-When-Being-Selective-Pays-Off): In South African patent law, "selection patents" relate to inventions that involve selecting particular elements or subgroups from a broader known class of compounds, processes, or materials, where th...
[KISCH IP - Africa: Arusha Protocol for New Plant Variety Protection Officially Takes Effect](https://www.kisch-ip.com/Articles/Read/428/Africa-Arusha-Protocol-for-New-Plant-Variety-Protection-Officially-Takes-Effect): AFRICA: ARUSHA PROTOCOL FOR NEW PLANT VARIETY PROTECTION OFFICIALLY TAKES EFFECT
The Arusha Protocol for the Protection of New Varieties of Plants, a landmark initiative under the African Regional...
[KISCH IP - From Innovation to Imitation: The Unseen Risks of the Legal Sector Code](https://www.kisch-ip.com/Articles/Read/429/From-Innovation-to-Imitation-The-Unseen-Risks-of-the-Legal-Sector-Code): The recent gazetting of the Legal Sector Code by the Minister of Trade, Industry, and Competition marks a new phase in South Africa’s Broad-Based Black Economic Empowerment (B-BBEE) framework (D...
[KISCH IP - Exciting Reforms Ahead for South African Patent and Design Law](https://www.kisch-ip.com/Articles/Read/425/Exciting-Reforms-Ahead-for-South-African-Patent-and-Design-Law): Notifications Exciting Reforms Ahead for South African Patent and Design LawSouth Africa is on the cusp of a significant transformation in its intellectual property landscape. The Department of Tr...
[KISCH IP - 2023-2024 Charity Drive: Supporting the oThongathi (Tongaat) Community](https://www.kisch-ip.com/Articles/Read/423/20232024-Charity-Drive-Supporting-the-oThongathi-Tongaat-Community): ENVIRONMENTAL & SOCIAL RESPONSIBILITIES 2023-2024 Charity Drive: Supporting the oThongathi (Tongaat) Community This past year, we launched a company-wide charity drive, encouraging employees...
[KISCH IP - A Recent Judgment on Computer Program Copyright Ownership and Its Impact on AI-Generated Works](https://www.kisch-ip.com/Articles/Read/2/A-Recent-Judgment-on-Computer-Program-Copyright-Ownership-and-Its-Impact-on-AIGenerated-Works): 2023 saw a massive wave of interest in AI, and it is a dramatically growing industry – indicators suggest that the market size of AI is projected to grow at a compound annual growth rate of 36.6% from 2024 to 2030.[1] As an attorney specializing...
[KISCH IP - Intellectual Property in the Maze of Liquidation and Business Rescue in South Africa](https://www.kisch-ip.com/Articles/Read/405/Intellectual-Property-in-the-Maze-of-Liquidation-and-Business-Rescue-in-South-Africa): The convergence of insolvency proceedings and intellectual property management necessitates a nuanced understanding of the legal frameworks and operational mechanisms that govern these fields. This ar...
[KISCH IP - Changes to section 11D of the Income Tax Act are good news for researchers and innovators ](https://www.kisch-ip.com/Articles/Read/404/Changes-to-section-11D-of-the-Income-Tax-Act-are-good-news-for-researchers-and-innovators): The South African government, like in several other countries, has recognised the need for private sector research and development (R&D). This is evident from South Africa’s National Research and...
[KISCH IP - Patently Clear: Dividing and Continuing Your Way to Stronger Intellectual Property Protection in South Africa](https://www.kisch-ip.com/Articles/Read/403/Patently-Clear-Dividing-and-Continuing-Your-Way-to-Stronger-Intellectual-Property-Protection-in-South-Africa): In the multifaceted world of Intellectual Property, securing robust patent protection is a strategic necessity for inventors and businesses alike. Among the tools available to patent applicants, divis...
[KISCH IP - TAKIS: Outstanding legal costs leaves multinational company in the line of FUEGO once more](https://www.kisch-ip.com/Articles/Read/1/TAKIS-Outstanding-legal-costs-leaves-multinational-company-in-the-line-of-FUEGO-once-more): After being involved in a 9 year long legal battle, the Supreme Court of Appeal agreed with the High Court full bench that the TAKIS mark owned by Takis Biltong (Pty) Ltd and the TAKIS FUEGO mark owned by Grupo Bimbo S.A.B DE C.V are...
[KISCH IP - Safeguarding Africa’s Heritage: WIPO's New Treaty Roots Out Biopiracy to Cultivate Traditional Knowledge Protection](https://www.kisch-ip.com/Articles/Read/401/Safeguarding-Africas-Heritage-WIPOs-New-Treaty-Roots-Out-Biopiracy-to-Cultivate-Traditional-Knowledge-Protection): A landmark Treaty recently passed by the World Intellectual Property Organization (WIPO) aims to safeguard Africa's genetic resources and associated traditional knowledge, marking a significant step i...
[KISCH IP - Navigating the Currency Conundrum: Decoding the South African Rand's Dance with Destiny ](https://www.kisch-ip.com/Articles/Read/400/Navigating-the-Currency-Conundrum-Decoding-the-South-African-Rands-Dance-with-Destiny): In the ever-evolving landscape of global finance, the South African Rand (ZAR) has been a silent participant in a tumultuous dance with destiny. The question on everyone's mind: Is the South African c...
[KISCH IP - It’s not ALWAYS a sensitive topic](https://www.kisch-ip.com/Articles/Read/402/Its-not-ALWAYS-a-sensitive-topic): In the Advertising Regulatory Board (ARB) decision dated 16 July 2024, the ARB acknowledged that Procter & Gamble SA (Pty) Ltd had taken a positive step towards realistically depicting menstruatio...
[KISCH IP - Women's Day 2024 - Celebrating Women’s Month and National Women’s Day](https://www.kisch-ip.com/Articles/Read/410/Womens-Day-2024--Celebrating-Womens-Month-and-National-Womens-Day): ENVIRONMENTAL & SOCIAL RESPONSIBILITIES This year, in honor of Women's Month, we embarked on a successful charity drive for Uhle.Paddrive. Our goal was to collect 100 sanitary products, and t...
[KISCH IP - SUCCESSFUL TRADE MARKS CANCELLATION PROCEEDINGS](https://www.kisch-ip.com/Articles/Read/399/SUCCESSFUL-TRADE-MARKS-CANCELLATION-PROCEEDINGS): What happens in the instance where a trade mark is erroneously registered or erroneously remains on the register? A trade mark which for whatever reason should not have proceeded to registration or wr...
[KISCH IP - Mandela Day 2024: Supporting Community Development](https://www.kisch-ip.com/Articles/Read/419/Mandela-Day-2024-Supporting-Community-Development): ENVIRONMENTAL & SOCIAL RESPONSIBILITIES For Mandela Day 2024, we had the honor of visiting Manger Care Centre and donating much-needed groceries to support their ongoing efforts. During our v...
[KISCH IP - Transforming African Economies through Innovation and Education in IP - in celebration of Africa Day 2024](https://www.kisch-ip.com/Articles/Read/398/Transforming-African-Economies-through-Innovation-and-Education-in-IP--in-celebration-of-Africa-Day-2024): in celebration of Africa Day 2024in celebration of Africa Day 2024Transforming African Economies through Innovation and Education in IPin celebration of Africa Day 2024Transforming Afr...
[KISCH IP - Celebrating Women’s Day 2023: Empowerment and Sustainability](https://www.kisch-ip.com/Articles/Read/408/Celebrating-Womens-Day-2023-Empowerment-and-Sustainability): ENVIRONMENTAL & SOCIAL RESPONSIBILITIES For Women’s Day 2023, we had the privilege of hosting Zaakira Mahomed, the founder of The Mina Foundation. During an inspiring talk, Zaakira shared the...
[KISCH IP - Mandela Day 2023: A Day of Giving Back](https://www.kisch-ip.com/Articles/Read/424/Mandela-Day-2023-A-Day-of-Giving-Back): ENVIRONMENTAL & SOCIAL RESPONSIBILITIES This year, for Mandela Day 2023, we had the privilege of participating in a range of volunteer activities that truly captured the spirit of service and gi...
[KISCH IP - Mandela Day 2022](https://www.kisch-ip.com/Articles/Read/59/Mandela-Day-2022): ENVIRONMENTAL & SOCIAL RESPONSIBILITIES
For Mandela Day this year, we stayed true to the theme to 'Do what you can, with what you have, where you are'. KISCH IP volunteers teamed up and split into...
[KISCH IP - NAVIGATING INTELLECTUAL PROPERTY RIGHTS IN VIDEO GAME DEVELOPMENT](https://www.kisch-ip.com/Articles/Read/397/NAVIGATING-INTELLECTUAL-PROPERTY-RIGHTS-IN-VIDEO-GAME-DEVELOPMENT): NAVIGATING INTELLECTUAL PROPERTY RIGHTS IN VIDEO GAME DEVELOPMENTOwners of well-known brands understand that intellectual property infringement proceedings can be brought in each territory where they...
[KISCH IP - PRIVACY CASELAW AND THE KEY TAKEAWAYS](https://www.kisch-ip.com/Articles/Read/396/PRIVACY-CASELAW-AND-THE-KEY-TAKEAWAYS): PRIVACY CASELAW AND THE KEY TAKEAWAYSSince the Protection of Personal Information Act No. 4 of 2013 (“POPIA”) came into effect, the courts have been seemingly reluctant to rely on POPIA in their judgm...
[KISCH IP - DIVISIONAL PATENTS AND DOUBLE PATENTING IN SOUTH AFRICA](https://www.kisch-ip.com/Articles/Read/395/DIVISIONAL-PATENTS-AND-DOUBLE-PATENTING-IN-SOUTH-AFRICA): DIVISIONAL PATENTS AND DOUBLE PATENTING IN SOUTH AFRICA Patent applicants often consider filing divisional patent applications in South Africa. This is frequently undertaken on the back of divisional...
[KISCH IP - Ficksburg Project](https://www.kisch-ip.com/Articles/Read/61/Ficksburg-Project): ENVIRONMENTAL & SOCIAL RESPONSIBILITIES
KISCH IP is proud to assist the Missio Deo School in Ficksburg in several much needed ways. Our ongoing commitment has seen members of the firm help in upgra...
[KISCH IP - Rhodes](https://www.kisch-ip.com/Articles/Read/64/Rhodes): ENVIRONMENTAL & SOCIAL RESPONSIBILITIES
The Rhodes 52km Trail Run was founded amongst others by the practice’s Reinard le Roux, our former Chairman, and is held annually in July in extreme weather...
[KISCH IP - Hartebeespoort Animal Welfare Society](https://www.kisch-ip.com/Articles/Read/63/Hartebeespoort-Animal-Welfare-Society): ENVIRONMENTAL & SOCIAL RESPONSIBILITIES
KISCH IP set out to raise funds to help the Hartebeespoort Animal Welfare Society (HAWS).HAWS provides welfare services for abandoned, neglected and abused p...
[KISCH IP - Skills transfer](https://www.kisch-ip.com/Articles/Read/62/Skills-transfer): ENVIRONMENTAL & SOCIAL RESPONSIBILITIES
In order to continually improve the quality of our services, we have implemented a formal internal training and skills development programme to train, educat...
[KISCH IP - Take a Girl Child to Work Day](https://www.kisch-ip.com/Articles/Read/60/Take-a-Girl-Child-to-Work-Day): ENVIRONMENTAL & SOCIAL RESPONSIBILITIES
KISCH IP hosted its first ever Take a Girl Child to Work event on 20 June 2019 with a total of 10 girls spending the day at our firm. The day began with a we...
[KISCH IP - ADVERTISING IN SPORTS - DON’T GET AMBUSHED OFFSIDE](https://www.kisch-ip.com/Articles/Read/6/ADVERTISING-IN-SPORTS--DONT-GET-AMBUSHED-OFFSIDE): Humans love sport - this is an inescapable, universal truth that permeates through generations, with online viewing platforms leaving few around the world without access to some form of sporting enter...
[KISCH IP - AI EVERYWHERE, AND HOW AN OVERLOOKED SOUTH AFRICAN LAW CAN AFFECT YOUR COPYRIGHT OWNERSHIP ](https://www.kisch-ip.com/Articles/Read/3/AI-EVERYWHERE-AND-HOW-AN-OVERLOOKED-SOUTH-AFRICAN-LAW-CAN-AFFECT-YOUR-COPYRIGHT-OWNERSHIP): AI EVERYWHERE, AND HOW AN OVERLOOKED SOUTH AFRICAN LAW CAN AFFECT YOUR COPYRIGHT OWNERSHIP
It is no secret that AI is everywhere these days. It’s certainly all over the news, although the smart phone...
[KISCH IP - BIG MAC: A BURGER OR A RESTAURANT?](https://www.kisch-ip.com/Articles/Read/9/BIG-MAC-A-BURGER-OR-A-RESTAURANT): The BIG MAC is arguably the world’s most famous burger. This illustrious burger has even traversed the realm of fast-food and entered the financial services world in the form of the “Big Mac Index” cr...
[KISCH IP - COPYRIGHT RECORD KEEPING](https://www.kisch-ip.com/Articles/Read/5/COPYRIGHT-RECORD-KEEPING): Rights in the trade dress used by a business to market its products or services are generally recognized and enforceable by South African courts on three separate and independent grounds, namely at co...
[KISCH IP - PROPOSED NEW DRAFT LABELLING REGULATIONS – R 3337 | SOUTH AFRICA](https://www.kisch-ip.com/Articles/Read/8/PROPOSED-NEW-DRAFT-LABELLING-REGULATIONS--R-3337--SOUTH-AFRICA): There are new Regulations Regarding the Labelling and Advertising of Foodstuffs on the horizon. On 21 April 2023, the Minister published R3337 – the new draft regulations under the Food Cosmetics and...
[KISCH IP - HOW TO PATENT AN IDEA IN SOUTH AFRICA IN THREE PARTS: PART THREE](https://www.kisch-ip.com/Articles/Read/11/HOW-TO-PATENT-AN-IDEA-IN-SOUTH-AFRICA-IN-THREE-PARTS-PART-THREE): HOW TO PATENT AN IDEA IN SOUTH AFRICA IN THREE PARTS: PART THREEIn this series, we’re covering what to expect when you meet with a patent attorney for the first time. In Part 1 you would have wowed...
[KISCH IP - UNDERSTANDING THE ROLE OF CORPORATE AND COMMERCIAL LAW IN INTELLECTUAL PROPERTY PROTECTION IN SOUTH AFRICA](https://www.kisch-ip.com/Articles/Read/13/UNDERSTANDING-THE-ROLE-OF-CORPORATE-AND-COMMERCIAL-LAW-IN-INTELLECTUAL-PROPERTY-PROTECTION-IN-SOUTH-AFRICA): UNDERSTANDING THE ROLE OF CORPORATE AND COMMERCIAL LAW IN INTELLECTUAL PROPERTY PROTECTION IN SOUTH AFRICA
Intellectual property (IP) is a vital asset of any business, and South Africa recognizes the...
[KISCH IP - STOLEN COPYRIGHT](https://www.kisch-ip.com/Articles/Read/7/STOLEN-COPYRIGHT): Many individuals and organisations often fall victim to copyright being “stolen” by third parties with whom they would have entrusted their work without much thought on the implications of their discl...
[KISCH IP - COPYRIGHT IN AI-GENERATED WORKS](https://www.kisch-ip.com/Articles/Read/12/COPYRIGHT-IN-AIGENERATED-WORKS): COPYRIGHT IN AI-GENERATED WORKS
AI platforms such as ChatGPT have become very popular lately, raising certain concerns about related intellectual property rights, especially regarding ownership of co...
[KISCH IP - HOW TO PATENT AN IDEA IN SOUTH AFRICA IN THREE PARTS: PART TWO](https://www.kisch-ip.com/Articles/Read/14/HOW-TO-PATENT-AN-IDEA-IN-SOUTH-AFRICA-IN-THREE-PARTS-PART-TWO): In this series, we’re covering what to expect when you meet with a patent attorney for the first time. By this point, you would have wowed them with your new idea, and they would have introduced you t...
[KISCH IP - HOW TO PATENT AN IDEA IN SOUTH AFRICA IN THREE PARTS: PART ONE](https://www.kisch-ip.com/Articles/Read/18/HOW-TO-PATENT-AN-IDEA-IN-SOUTH-AFRICA-IN-THREE-PARTS-PART-ONE): When you have a big, important idea, one of your first thoughts should be how to protect it. This is where attorneys who specialise in Intellectual Property come into the picture. If your idea is tech...
[KISCH IP - EMPOWERING WOMEN THROUGH INTELLECTUAL PROPERTY](https://www.kisch-ip.com/Articles/Read/16/EMPOWERING-WOMEN-THROUGH-INTELLECTUAL-PROPERTY): Intellectual property (IP) is a vital tool for empowering women in business and creativity. The percentage of female inventors named in patent applications, and female applicants named in trade mark...
[KISCH IP - EMPOWERING WOMEN IN IP AND COMMERCIAL LAW: A SPOTLIGHT ON THEIR CONTRIBUTION, CHALLENGES AND EFFECTIVE WAYS TO CHAMPION WOMAN IN THE PROFESSION ](https://www.kisch-ip.com/Articles/Read/15/EMPOWERING-WOMEN-IN-IP-AND-COMMERCIAL-LAW-A-SPOTLIGHT-ON-THEIR-CONTRIBUTION-CHALLENGES-AND-EFFECTIVE-WAYS-TO-CHAMPION-WOMAN-IN-THE-PROFESSION): The legal industry has traditionally been male-dominated, with few women holding leadership positions. However, in recent years, there has been a growing recognition of the importance of diversity and...
[KISCH IP - A CONCISE GUIDE FOR STARTUPS: DON’T BEGIN JUST TO BE BLOWN AWAY](https://www.kisch-ip.com/Articles/Read/17/A-CONCISE-GUIDE-FOR-STARTUPS-DONT-BEGIN-JUST-TO-BE-BLOWN-AWAY): For startups, the most valuable assets are often those which are invisible. Intellectual Property (IP) rights are immensely important for startups as these rights grant their holder exclusive right to...
[KISCH IP - MAURITIUS BECOMES A PCT MEMBER STATE](https://www.kisch-ip.com/Articles/Read/21/MAURITIUS-BECOMES-A-PCT-MEMBER-STATE): The Government of Mauritius deposited its instrument of accession to the Patent Cooperation Treaty (PCT) on 15 December 2022, making it the 157th member state of the PCT union. The treaty will enter...
[KISCH IP - NEW PLANT IMPROVEMENT ACT AND PLANT BREEDERS’ RIGHTS REGULATIONS LOOK FORWARD TO AN AGE OF INDUSTRIAL HEMP](https://www.kisch-ip.com/Articles/Read/19/NEW-PLANT-IMPROVEMENT-ACT-AND-PLANT-BREEDERS-RIGHTS-REGULATIONS-LOOK-FORWARD-TO-AN-AGE-OF-INDUSTRIAL-HEMP): After a long period of anticipation, it seems as if the age of legal hemp cultivation in South Africa has finally dawned. Published on 10 June 2022 in the Government Gazette, the new Regulations relat...
[KISCH IP - THE IMPORTANCE OF DISTINCTIVENESS IN A TRADE MARK](https://www.kisch-ip.com/Articles/Read/22/THE-IMPORTANCE-OF-DISTINCTIVENESS-IN-A-TRADE-MARK): The case of LOUIS VUITTON in the European General Court The essential function of a trade mark is to guarantee the identity of origin of the marked goods or services to the consumer by enabling them,...
[KISCH IP - A NEW DAWN FOR PATENT PROSECUTION IS UPON US - TO DELAY OR TO EXPEDITE?](https://www.kisch-ip.com/Articles/Read/20/A-NEW-DAWN-FOR-PATENT-PROSECUTION-IS-UPON-US--TO-DELAY-OR-TO-EXPEDITE): Many jurisdictions offer a government incentive for obtaining a granted patent. Therefore, South Africa, by virtue of not officially performing substantive examination of patent applications is curren...
[KISCH IP - MODERNA SUING PFIZER, AND BIONTECH – THE WHY, WHERE, WHAT AND LESSONS TO BE LEARNT](https://www.kisch-ip.com/Articles/Read/30/MODERNA-SUING-PFIZER-AND-BIONTECH--THE-WHY-WHERE-WHAT-AND-LESSONS-TO-BE-LEARNT): On Friday, 26 August 2022, Moderna announced that it is suing Pfizer and BioNTech for alleged patent infringement of its mRNA vaccine technology. On the same day, BioNTech published the following stat...
[KISCH IP - THINGS TO CONSIDER WHEN FORMULATING A ROYALTY RATE](https://www.kisch-ip.com/Articles/Read/27/THINGS-TO-CONSIDER-WHEN-FORMULATING-A-ROYALTY-RATE): At some stage during the negotiation of any agreement in which one party licenses the use of intellectual property to another, the parties will need to negotiate and agree on a suitable royalty rate....
[KISCH IP - MANOLO BLAHNIK WINS A BATTLE BIGGER THAN CARRIE BRADSHAW’S SHOE COLLECTION](https://www.kisch-ip.com/Articles/Read/29/MANOLO-BLAHNIK-WINS-A-BATTLE-BIGGER-THAN-CARRIE-BRADSHAWS-SHOE-COLLECTION): THE IMPORTANCE OF THE PLANNED GLOBALISATION OF YOUR BRAND AT AN EARLY STAGE.The luxury shoe giant, Manolo Blahnik, has won a legal battle to use its own name in China after almost 22 years of litigati...
[KISCH IP - ADVERTISING WATCHDOG GETS ITS TEETH BACK](https://www.kisch-ip.com/Articles/Read/26/ADVERTISING-WATCHDOG-GETS-ITS-TEETH-BACK): A recent judgment handed down by the Supreme Court of Appeal (SCA) regarding the powers of the Advertising Regulatory Board (ARB), which arose as a result of dispute between Colgate-Palmolive’s PROTEX...
[KISCH IP - UNDERSTANDING THE DIFFERENCE AND OVERLAP BETWEEN PLAGIARISM AND COPYRIGHT INFRINGEMENT](https://www.kisch-ip.com/Articles/Read/31/UNDERSTANDING-THE-DIFFERENCE-AND-OVERLAP-BETWEEN-PLAGIARISM-AND-COPYRIGHT-INFRINGEMENT): 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 j...
[KISCH IP - RUSSIAN TRADE MARK WARS – PEPPA PIG AND OTHERS](https://www.kisch-ip.com/Articles/Read/25/RUSSIAN-TRADE-MARK-WARS--PEPPA-PIG-AND-OTHERS): An unprecedented judgement opens the door to widespread infringement of the intellectual property rights held by foreigners in Russia.
An unprecedented judgement opens the door to widespread infringem...
[KISCH IP - TAKING A LOOK AT BLOCKCHAIN AND HOW IT COULD BE USED AGAINST COUNTERFEITERS ](https://www.kisch-ip.com/Articles/Read/23/TAKING-A-LOOK-AT-BLOCKCHAIN-AND-HOW-IT-COULD-BE-USED-AGAINST-COUNTERFEITERS): Blockchain refers to a system that records information in a way that makes it virtually impossible to alter. This technology consists of a block of chains where each chain contains several transaction...
[KISCH IP - THE METAVERSE, NON-FUNGIBLE TOKENS AND HOW TO PROTECT YOUR BRAND WITHIN THIS DIGITAL PHENOMENON](https://www.kisch-ip.com/Articles/Read/24/THE-METAVERSE-NONFUNGIBLE-TOKENS-AND-HOW-TO-PROTECT-YOUR-BRAND-WITHIN-THIS-DIGITAL-PHENOMENON): At this point most people know what a Non-Fungible Token (NFT) is and at some stage, you will likely have also heard about the Metaverse. NFTs have been around since 2014 and the most common type of N...
[KISCH IP - SSE COMETH AMIDST A BLIZZARD OF ACRONYMS](https://www.kisch-ip.com/Articles/Read/39/SSE-COMETH-AMIDST-A-BLIZZARD-OF-ACRONYMS): Recent developments seem to indicate that the long-mooted introduction of Substantive Search and Examination (SSE) into the South African legal system is finally occurring. To this end, the patent leg...
[KISCH IP - MAINTAINING COMPLIANCE WITH THE PROTECTION OF PERSONAL INFORMATION ACT (POPIA)](https://www.kisch-ip.com/Articles/Read/40/MAINTAINING-COMPLIANCE-WITH-THE-PROTECTION-OF-PERSONAL-INFORMATION-ACT-POPIA): If you have been following the article series, and have determined that you are the responsible party in terms of the first condition of POPIA, the next step is to assess your compliance with the next...
[KISCH IP - WHAT ELSE? NOT EVEN GEORGE CLOONEY COULD GET NESPRESSO OUT OF THIS ONE](https://www.kisch-ip.com/Articles/Read/36/WHAT-ELSE-NOT-EVEN-GEORGE-CLOONEY-COULD-GET-NESPRESSO-OUT-OF-THIS-ONE): Another revolutionary case for 3D marks was handed down by the Swiss Federal Supreme Court on 7 September 2021. This case reiterated that Trade Mark law should not be confused with Patent law. And tha...
[KISCH IP - THE IMPORTANCE OF YOUR TRADE MARK SPECIFICATION](https://www.kisch-ip.com/Articles/Read/38/THE-IMPORTANCE-OF-YOUR-TRADE-MARK-SPECIFICATION): Some business owners elect to embark on the registration of their trade marks on their own, without consulting with a specialist trade mark attorney, mainly to save costs. More often than not this dec...
[KISCH IP - THE PITFALLS OF OPEN-SOURCE SOFTWARE](https://www.kisch-ip.com/Articles/Read/37/THE-PITFALLS-OF-OPENSOURCE-SOFTWARE): With an increase in access to information, reliance on the collective knowledge of software developers through online forums during the software development process has become a norm. How many times h...
[KISCH IP - BUILDING OFF BREXIT](https://www.kisch-ip.com/Articles/Read/35/BUILDING-OFF-BREXIT): As you will recall, the United Kingdom was officially severed from the EU due to Brexit as of 31 December 2020. Fortunately, a grace period has been provided to those who have an interest in obtaining...
[KISCH IP - THE VALUE OF CERTIFICATION TRADE MARKS](https://www.kisch-ip.com/Articles/Read/32/THE-VALUE-OF-CERTIFICATION-TRADE-MARKS): Ordinary trade marks are the “popular kid” of the Intellectual Property industry; however, businesses often overlook the potential competitive advantage of certification trade marks.
Ordinary trade ma...
[KISCH IP - INFLUENCERS AND COUNTERFEIT GOODS: ARE INFLUENCERS INCITING THEIR FOLLOWERS TO BUY COUNTERFEIT PRODUCTS??](https://www.kisch-ip.com/Articles/Read/33/INFLUENCERS-AND-COUNTERFEIT-GOODS-ARE-INFLUENCERS-INCITING-THEIR-FOLLOWERS-TO-BUY-COUNTERFEIT-PRODUCTS): 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...
[KISCH IP - IT IS COPYRIGHT INFRINGEMENT AND THE MET GALA](https://www.kisch-ip.com/Articles/Read/49/IT-IS-COPYRIGHT-INFRINGEMENT-AND-THE-MET-GALA): The Copyright Laws of many countries, including the United States of America and South Africa provide that in order for a work to be afforded copyright protection, it must be original in nature (in th...
[KISCH IP - MAINTAINING COMPLIANCE WITH THE PROTECTION OF PERSONAL INFORMATION ACT (POPIA)](https://www.kisch-ip.com/Articles/Read/34/MAINTAINING-COMPLIANCE-WITH-THE-PROTECTION-OF-PERSONAL-INFORMATION-ACT-POPIA): A series of compliant events – Part 2 – Who is accountable for processing the personal information?Once your business has conducted a POPIA assessment and has determined that it is processing personal...
[KISCH IP - INTELLECTUAL PROPERTY AS AN ECONOMIC TOOL FOR AFRICAN SMALL AND MEDIUM ENTERPRISES (SMES)](https://www.kisch-ip.com/Articles/Read/41/INTELLECTUAL-PROPERTY-AS-AN-ECONOMIC-TOOL-FOR-AFRICAN-SMALL-AND-MEDIUM-ENTERPRISES-SMES): "World Intellectual Property Day" is celebrated every year on 26 April – the day on which the World Intellectual Property Organization (WIPO) Convention came into force in 1970. This year, the central...
[KISCH IP - POTENTIAL GROUNDS FOR REVOCATION OF A PATENT CITING AI AS AN INVENTOR](https://www.kisch-ip.com/Articles/Read/46/POTENTIAL-GROUNDS-FOR-REVOCATION-OF-A-PATENT-CITING-AI-AS-AN-INVENTOR): The South African patent office (“patent office”) recently made global news for becoming the first patent office in the world to have granted a patent for an invention that was created by artificial i...
[KISCH IP - REVISITING BLOCKCHAIN AND INTELLECTUAL PROPERTY](https://www.kisch-ip.com/Articles/Read/48/REVISITING-BLOCKCHAIN-AND-INTELLECTUAL-PROPERTY): Previously we have discussed the rise of blockchain technology and how Intellectual Property (IP) could benefit from it. This article further looks at recent blockchain projects which have developed s...
[KISCH IP - BEYOND REGISTRATION](https://www.kisch-ip.com/Articles/Read/47/BEYOND-REGISTRATION): BEYOND REGISTRATION
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Trade mark protection does not end at registration, and trade mark enforcement does not need to mean lengthy litigation or extensive legal fees for brand owners. Having a good...
[KISCH IP - MAINTAINING COMPLIANCE WITH THE PROTECTION OF PERSONAL INFORMATION ACT (POPIA) A SERIES OF COMPLIANT EVENTS – PART 1: APPLICATION AND EXCEPTIONS](https://www.kisch-ip.com/Articles/Read/43/MAINTAINING-COMPLIANCE-WITH-THE-PROTECTION-OF-PERSONAL-INFORMATION-ACT-POPIA-A-SERIES-OF-COMPLIANT-EVENTS--PART-1-APPLICATION-AND-EXCEPTIONS): By now, businesses are likely all aware that the Protection of Personal Information Act 4 of 2013 (POPIA) is in full force and requires all businesses which process personal information of persons to...
[KISCH IP - IT IS OFFICIAL, KENYA NOW HAS A RECORDAL SYSTEM](https://www.kisch-ip.com/Articles/Read/44/IT-IS-OFFICIAL-KENYA-NOW-HAS-A-RECORDAL-SYSTEM): Kenya now has a system of recording intellectual property rights with the Kenya Anti-Counterfeit Authority (“ACA”).This is as a result of the amendment to the Anti-Counterfeiting Act where parliament...
[KISCH IP - ARTIFICIAL INTELLIGENCE CREATED INVENTIONS, PATENTABLE OR NOT?](https://www.kisch-ip.com/Articles/Read/42/ARTIFICIAL-INTELLIGENCE-CREATED-INVENTIONS-PATENTABLE-OR-NOT): As a general rule, the law lags behind technology. The exponential growth in the field of Artificial Intelligence (AI) taking place across the world is testing current patent laws and raising new lega...
[KISCH IP - IF THE SHOE FITS: A CINDERELLA STORY FOR VALENTINO AND THEIR ICONIC ROCKSTUD® SHOE DESIGNS](https://www.kisch-ip.com/Articles/Read/56/IF-THE-SHOE-FITS-A-CINDERELLA-STORY-FOR-VALENTINO-AND-THEIR-ICONIC-ROCKSTUD-SHOE-DESIGNS): Famous and exclusive fashion brand Valentino S.P.A. is an Italian luxury fashion house founded in 1960 by Valentino Garavani and forms part of the Valentino Fashion Group.Valentino filed trade mark ap...
[KISCH IP - PATENTABILITY OF A PROGRAM FOR A COMPUTER AND COMPUTER-IMPLEMENTED INVENTIONS: A SOUTH AFRICAN PERSPECTIVE](https://www.kisch-ip.com/Articles/Read/55/PATENTABILITY-OF-A-PROGRAM-FOR-A-COMPUTER-AND-COMPUTERIMPLEMENTED-INVENTIONS-A-SOUTH-AFRICAN-PERSPECTIVE): The Patents Act 57 of 1978 of South Africa (“the South African Patents Act”) provides that, amongst other things, anything which consists of:a program for a computer; or a scheme, rule or method for p...
[KISCH IP - HUAWEI FENDS OFF CHANEL IN EU TRADE MARK CLASH](https://www.kisch-ip.com/Articles/Read/57/HUAWEI-FENDS-OFF-CHANEL-IN-EU-TRADE-MARK-CLASH): French luxury fashion house Chanel has failed in its latest attempt to block the registration of a trade mark applied for by Chinese technological giant Huawei Technologies.In September 2017, Huawei f...
[KISCH IP - MALARIA, VACCINES AND THE RIDDLE OF STEEL](https://www.kisch-ip.com/Articles/Read/58/MALARIA-VACCINES-AND-THE-RIDDLE-OF-STEEL): In the 1982 movie “Conan the Barbarian”, the title character is told by his father (a blacksmith) that he must learn “the riddle of steel”. Conan’s father is then slain by the villain who then tries h...
[KISCH IP - WIPO PROOF, DEPOSITORY SYSTEMS AND THE BURDEN OF PROOF](https://www.kisch-ip.com/Articles/Read/54/WIPO-PROOF-DEPOSITORY-SYSTEMS-AND-THE-BURDEN-OF-PROOF): While the world was hunkering down in isolation, the World Intellectual Property Organisation (WIPO) was busy launching a service intended to revolutionise the administration and protection of intelle...
[KISCH IP - GETTING COMPLIANT WITH THE PROTECTION OF PERSONAL INFORMATION ACT (POPIA)](https://www.kisch-ip.com/Articles/Read/51/GETTING-COMPLIANT-WITH-THE-PROTECTION-OF-PERSONAL-INFORMATION-ACT-POPIA): A series of compliant events – Part 1 By now, most organisations are aware that the Protection of Personal Information Act (POPIA) 4 of 2013 (“the Act”) is effective and requires all businesses which...
[KISCH IP - COPYRIGHT PROTECTION FOR WORKS CREATED PRIOR TO 1978](https://www.kisch-ip.com/Articles/Read/53/COPYRIGHT-PROTECTION-FOR-WORKS-CREATED-PRIOR-TO-1978): South African copyright legislation finds its roots in 1917 when the Legislative Assembly effectively enacted the British Imperial Copyright Act of 1911 as the Third Schedule to the Patents, Designs,...
[KISCH IP - NEWSFLASH: Deadline for Comments – Proposed New Class in Raw Processed Meat Regulations](https://www.kisch-ip.com/Articles/Read/484/NEWSFLASH-Deadline-for-Comments--Proposed-New-Class-in-Raw-Processed-Meat-Regulations): The Department of Agriculture is seeking industry input on the possible introduction of a new class in the Certain Raw Processed Meat Product Regulations for a “new” econo or value product consisting of raw minced meat or raw mixed-species minced meat combined with mechanically deboned meat (MDM), edible offal, spices, and water.
[KISCH IP - DON’T BECOME A VICTIM OF CYBERCRIME AND EFT FRAUD…AGAIN!](https://www.kisch-ip.com/Articles/Read/75/DONT-BECOME-A-VICTIM-OF-CYBERCRIME-AND-EFT-FRAUDAGAIN): Everything from paying rent to paying for goods can now be done at the push of a button or the click of a mouse. Electronic funds transfers (“EFT’s”) are the most convenient way to effect payment. How...
[KISCH IP - LIONEL TRIUMPHS IN A “MESSI” TRADE MARK BATTLE](https://www.kisch-ip.com/Articles/Read/50/LIONEL-TRIUMPHS-IN-A-MESSI-TRADE-MARK-BATTLE): LIONEL TRIUMPHS IN A “MESSI” TRADE MARK BATTLE
Barcelona football star, Lionel Messi has emerged victorious in a trade mark dispute over his name that has raged on for nearly a decade. The decision o...
[KISCH IP - PROTECTING YOUR INTELLECTUAL PROPERTY IN CHINA](https://www.kisch-ip.com/Articles/Read/52/PROTECTING-YOUR-INTELLECTUAL-PROPERTY-IN-CHINA): A session of the National People’s Congress in China voted and passed a new law that came into effect on 1 January 2021. Importantly, the new law contains several provisions related to intellectual pr...
[KISCH IP - POINTERS FOR BECOMING FAMOUS ON SOCIAL MEDIA](https://www.kisch-ip.com/Articles/Read/71/POINTERS-FOR-BECOMING-FAMOUS-ON-SOCIAL-MEDIA): Social media platforms Instagram, Facebook and TikTok have provided a (sometimes dangerously) easy way for wannabe celebrities to get themselves into the public eye. In past decades, becoming famous,...
[KISCH IP - WHY SOUTH AFRICAN BUSINESSES SHOULD APPLY FOR A SECTION 11D TAX INCENTIVE TODAY.](https://www.kisch-ip.com/Articles/Read/69/WHY-SOUTH-AFRICAN-BUSINESSES-SHOULD-APPLY-FOR-A-SECTION-11D-TAX-INCENTIVE-TODAY): Section 11D of the South African Income Tax Act (the “Act”), makes provision for a tax incentive scheme, commonly referred to as the Research and Development (R&D) tax incentive. The R&D tax i...
[KISCH IP - “I CAN’T BREATHE”– THE ETHICS AND FEASIBILITY OF TRADE MARK REGISTRATIONS IN THE CONTEXT OF SOUTH AFRICA](https://www.kisch-ip.com/Articles/Read/70/I-CANT-BREATHE-THE-ETHICS-AND-FEASIBILITY-OF-TRADE-MARK-REGISTRATIONS-IN-THE-CONTEXT-OF-SOUTH-AFRICA): “I CAN’T BREATHE”– THE ETHICS AND FEASIBILITY OF TRADE MARK REGISTRATIONS IN THE CONTEXT OF SOUTH AFRICA
It goes without saying that the statement “I CAN’T BREATHE” stirs up an uproar of emotions wor...
[KISCH IP - PAY BACK THE ROYALTIES!](https://www.kisch-ip.com/Articles/Read/85/PAY-BACK-THE-ROYALTIES): It has widely been reported in recent months that the SABC collectively owes approximately R 250 million in unpaid royalties to musicians and other artists.If you are an active user of any of the vari...
[KISCH IP - THE INTERPLAY OF DRUG DESIGN AND PATENTS](https://www.kisch-ip.com/Articles/Read/73/THE-INTERPLAY-OF-DRUG-DESIGN-AND-PATENTS): The development of novel or blockbuster drug compounds invariably requires an initial search to determine whether target compounds have already been synthesized and are protected by a patent.Several c...
[KISCH IP - THE GAME CHANGER: THIS IS WHY YOU SHOULD REGISTER YOUR BUSINESS TRADING NAME AS A TRADE MARK …ASAP!](https://www.kisch-ip.com/Articles/Read/65/THE-GAME-CHANGER-THIS-IS-WHY-YOU-SHOULD-REGISTER-YOUR-BUSINESS-TRADING-NAME-AS-A-TRADE-MARK-ASAP): What is a registered company name?A registered company name is the name which has been reserved, registered and been afforded aregistration number by the Companies and Intellectual Property Commission...
[KISCH IP - NAMING A NEW AND UNIQUE THING](https://www.kisch-ip.com/Articles/Read/67/NAMING-A-NEW-AND-UNIQUE-THING): “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 mak...
[KISCH IP - SUPREME EXCELLENCE IN PATENT LITIGATION](https://www.kisch-ip.com/Articles/Read/66/SUPREME-EXCELLENCE-IN-PATENT-LITIGATION): Sun Tzu, in his renowned work “Art of War” said, that “[t]o fight and conquer in all your battles is not supreme excellence; supreme excellence consists in breaking down the enemy’s resistance without...
[KISCH IP - “ADD TO CART”: DOING BUSINESS IN A COVID-19 WORLD PART 4 – CONCLUDING CONTRACTS ONLINE](https://www.kisch-ip.com/Articles/Read/68/ADD-TO-CART-DOING-BUSINESS-IN-A-COVID19-WORLD-PART-4--CONCLUDING-CONTRACTS-ONLINE): 2020 has seen the like of MS Teams, Zoom, Google Meet and WhatsApp becoming the new norm when doing business in a COVID-19 world and with many companies opting to continue having their employees work...
[KISCH IP - COURTS HAND DOWN HARSHER SENTENCES FOR COUNTERFEITING CRIMES](https://www.kisch-ip.com/Articles/Read/72/COURTS-HAND-DOWN-HARSHER-SENTENCES-FOR-COUNTERFEITING-CRIMES): Africa has seen a substantial increase in investment and growth over the past 50 years and, as a result, it is increasingly being targeted as a market for counterfeit goods. “While the demand for bran...
[KISCH IP - IN-CIDER SCOOP: DESCRIPTIVE OR DISTINCTIVE TRADE MARKS?](https://www.kisch-ip.com/Articles/Read/82/INCIDER-SCOOP-DESCRIPTIVE-OR-DISTINCTIVE-TRADE-MARKS): In order for a trade mark to be registrable it must be distinctive and capable of distinguishing one party’s products from those of other parties operating in a similar field of trade. Ideally trade m...
[KISCH IP - “ADD TO CART”: DOING BUSINESS IN A COVID-19 WORLD PART 3 – STRATEGIES TO PROTECT YOUR ONLINE BRAND](https://www.kisch-ip.com/Articles/Read/79/ADD-TO-CART-DOING-BUSINESS-IN-A-COVID19-WORLD-PART-3--STRATEGIES-TO-PROTECT-YOUR-ONLINE-BRAND): As Albert Einstein said, “We can't solve problems by using the same kind of thinking we used when we created them.” E-commerce has forever changed the way we shop for consumer goods and services. It h...
[KISCH IP - POPIA COMPLIANCE](https://www.kisch-ip.com/Articles/Read/80/POPIA-COMPLIANCE): The importance of breach protocols and proceduresBy Anola Naidoo (Associate at KISCH IP - commercial department)Cyber-attacks, ransomware and data breaches are becoming increasingly more frequent and...
[KISCH IP - A PATENT IS FILED FOR THE COVID-19 VACCINE...WHAT NOW?](https://www.kisch-ip.com/Articles/Read/76/A-PATENT-IS-FILED-FOR-THE-COVID19-VACCINEWHAT-NOW): Various countries across the globe are in a race against time to develop the first vaccine for COVID-19. While Russia has reported a possible vaccine for the virus, some scientists have argued that th...
[KISCH IP - THANK THE PROTECTION OF PERSONAL INFORMATION ACT FOR THE GRACE PERIOD - 12 MONTHS TO LEARN FROM EXPERIAN](https://www.kisch-ip.com/Articles/Read/81/THANK-THE-PROTECTION-OF-PERSONAL-INFORMATION-ACT-FOR-THE-GRACE-PERIOD--12-MONTHS-TO-LEARN-FROM-EXPERIAN): On the 1st July 2020, the Protection of Personal Information Act (POPIA) 4 of 2013 (“the Act”) became effective. The Act requires all businesses which process personal information of both natural pers...
[KISCH IP - THE EXPANSION OF IP TO ONLINE PLATFORMS](https://www.kisch-ip.com/Articles/Read/77/THE-EXPANSION-OF-IP-TO-ONLINE-PLATFORMS): The advent of the global COVID-19 pandemic has been a challenging time for individuals and businesses alike. It has resulted in the need for many to work remotely through the use of technology. These...
[KISCH IP - MOULDS - DESIGN INTELLECTUAL PROPERTY](https://www.kisch-ip.com/Articles/Read/74/MOULDS--DESIGN-INTELLECTUAL-PROPERTY): The design and manufacture of a mould often requires great effort, skill and expenditure by a proprietor. As such, it is of great importance to a proprietor that their mould is protected so as to prev...
[KISCH IP - “I’M NOT A MEMBER OF THE ADVERTISING REGULATORY BOARD. DO I NEED TO COMPLY WITH THEIR CODE?”](https://www.kisch-ip.com/Articles/Read/78/IM-NOT-A-MEMBER-OF-THE-ADVERTISING-REGULATORY-BOARD-DO-I-NEED-TO-COMPLY-WITH-THEIR-CODE): The short answer is “no…and yes”. Here’s the long answer…The Advertising Regulatory Board (ARB) is an independent entity established and funded by the marketing communication industry, to regulate adv...
[KISCH IP - BRIEF COUNTRY PROFILE OF SOUTH AFRICA – EASE OF DOING BUSINESS FOR FOREIGN INVESTORS AND THE STEPS TO TAKE TO ESTABLISH A BUSINESS](https://www.kisch-ip.com/Articles/Read/98/BRIEF-COUNTRY-PROFILE-OF-SOUTH-AFRICA--EASE-OF-DOING-BUSINESS-FOR-FOREIGN-INVESTORS-AND-THE-STEPS-TO-TAKE-TO-ESTABLISH-A-BUSINESS): The elements of this article contain an introduction South Africa to foreign investors and to provide context in terms of the country’s ease of doing business and the first steps of establishing a bus...
[KISCH IP - MURDER, TIGERS AND… TRADE MARKS?](https://www.kisch-ip.com/Articles/Read/90/MURDER-TIGERS-AND-TRADE-MARKS): The hit Netflix true crime documentary series, Tiger King, is the global spectacle we didn’t know we needed, but now can’t stop talking about in a time when meaningful topics of conversation are few a...
[KISCH IP - PRACTICAL REVIEW OF SOUTH AFRICAN NATIONAL PHASE PATENT APPLICATION-TO-GRANT TIMEFRAME](https://www.kisch-ip.com/Articles/Read/88/PRACTICAL-REVIEW-OF-SOUTH-AFRICAN-NATIONAL-PHASE-PATENT-APPLICATIONTOGRANT-TIMEFRAME): In terms of the South African Patents Act (the “Act”), the Registrar is directed to examine every application for a patent and every complete specification accompanying the application, or lodged at...
[KISCH IP - PROTECTING IMPROVEMENTS/MODIFICATIONS TO YOUR INVENTION: PATENTS OF ADDITION](https://www.kisch-ip.com/Articles/Read/89/PROTECTING-IMPROVEMENTSMODIFICATIONS-TO-YOUR-INVENTION-PATENTS-OF-ADDITION): To be an inventor does not always mean that you come up with novel inventions but it often also encompasses a continuous search to add to, improve or modify existing inventions. It often happens that...
[KISCH IP - “ADD TO CART” - DOING BUSINESS IN A COVID-19 WORLD PART 2 – BUSINESS CONSIDERATIONS](https://www.kisch-ip.com/Articles/Read/84/ADD-TO-CART--DOING-BUSINESS-IN-A-COVID19-WORLD-PART-2--BUSINESS-CONSIDERATIONS): Establishing your business online helps you reach a larger audience and expand your brand beyond the scope possible through traditional brick and mortar sales channels. Part 1 assisted with legal cons...
[KISCH IP - PRESIDENT CYRIL RAMAPHOSA’S COPYRIGHT U-TURN](https://www.kisch-ip.com/Articles/Read/83/PRESIDENT-CYRIL-RAMAPHOSAS-COPYRIGHT-UTURN): On 16 June 2020, President Cyril Ramaphosa referred the proposed Copyright and Performers’ Protection Amendment Bills back to the National Assembly for re-consideration.Since 2017, the government has...
[KISCH IP - FOOD OR FOE](https://www.kisch-ip.com/Articles/Read/86/FOOD-OR-FOE): The rise of counterfeit consumables has increased exponentially over the past few years across the African Continent. A cause for major concern as many of these cases end in a fatality…Everyone needs...
[KISCH IP - PROTECTING YOUR BRAND IN SOUTH AFRICA WITH THE HELP OF CUSTOMS](https://www.kisch-ip.com/Articles/Read/87/PROTECTING-YOUR-BRAND-IN-SOUTH-AFRICA-WITH-THE-HELP-OF-CUSTOMS): Most brand owners go through the process of registering their trade mark to obtain proof that they own the brand and importantly to stop others from using it without permission.The protection of your...
[KISCH IP - PATENT PENDING: GOLF PRACTICE TOOL INVENTED BY YOUNG ENTREPRENEUR DURING COVID-19 LOCKDOWN](https://www.kisch-ip.com/Articles/Read/97/PATENT-PENDING-GOLF-PRACTICE-TOOL-INVENTED-BY-YOUNG-ENTREPRENEUR-DURING-COVID19-LOCKDOWN): A 13-year old boy from Bultfontein invented a simple golf practice tool during COVID-19 lockdown measures for golfers to use at home, and a provisional patent application has been prepared and filed p...
[KISCH IP - DON’T LET YOUR EMOJIS GET THE BEST OF YOU](https://www.kisch-ip.com/Articles/Read/91/DONT-LET-YOUR-EMOJIS-GET-THE-BEST-OF-YOU): The Oxford dictionary defines an emoji as a small digital image or icon used to express an idea or an emotion. Emojis are arguably the fastest growing language used on WhatsApp, text messages, emails...
[KISCH IP - "ADD TO CART” - DOING BUSINESS IN A COVID-19 WORLD PART 1 – THE LEGAL CONSIDERATIONS](https://www.kisch-ip.com/Articles/Read/92/ADD-TO-CART--DOING-BUSINESS-IN-A-COVID19-WORLD-PART-1--THE-LEGAL-CONSIDERATIONS): With no vaccine, and social distancing here to stay, businesses are having to adapt in order to survive and operate during the Covid-19 pandemic.With all online shopping now permitted by government, m...
[KISCH IP - INTER MILAN SCORE OFF THE FIELD](https://www.kisch-ip.com/Articles/Read/93/INTER-MILAN-SCORE-OFF-THE-FIELD): As we are all too well aware, the sporting world has not outrun the COVID-19 pandemic. Weekends usually spent immersed in live sporting action are now occupied with replays of iconic sporting moments...
[KISCH IP - A BADGE OF ORIGIN](https://www.kisch-ip.com/Articles/Read/95/A-BADGE-OF-ORIGIN): “A trade mark. A badge. Origin. Three different concepts. Used together, there is only one concept, namely, a trade mark is a badge of origin.” – Judge CJ van der Westhuizen’s opening statement in his...
[KISCH IP - COMPETING INTERESTS OF TRADE COMPETITORS: A DELICATE BALANCE](https://www.kisch-ip.com/Articles/Read/94/COMPETING-INTERESTS-OF-TRADE-COMPETITORS-A-DELICATE-BALANCE): Competition is the backbone to any thriving economy. It promotes innovation through new entrants, motivates better quality goods and services, and results in favourable price points for consumers. Ent...
[KISCH IP - WHAT THE COVID-19 LOCKDOWN MEANS FOR THE ILLICIT TRADE AND COUNTERFEITING IN SOUTH AFRICA:](https://www.kisch-ip.com/Articles/Read/99/WHAT-THE-COVID19-LOCKDOWN-MEANS-FOR-THE-ILLICIT-TRADE-AND-COUNTERFEITING-IN-SOUTH-AFRICA): “If you destroy a free market, you create a black market. If you make ten thousand regulations you destroy all respect for the law”- Winston Churchill It is known to all South Africans that the trade...
[KISCH IP - PERMITTED SERVICES’ CIPC APPLICATIONS DURING COVID-19 LOCKDOWN](https://www.kisch-ip.com/Articles/Read/100/PERMITTED-SERVICES-CIPC-APPLICATIONS-DURING-COVID19-LOCKDOWN): As South Africa has moved from level 5 to level 4, many new companies qualify to operate under level 4 status and will need certificates to enable them to do so, per the Amended State of National Disa...
[KISCH IP - ZERO TOLERANCE FOR UNLAWFUL PROFITEERING - THE COMPETITION COMMISSION TAKES STRONG ACTION](https://www.kisch-ip.com/Articles/Read/101/ZERO-TOLERANCE-FOR-UNLAWFUL-PROFITEERING--THE-COMPETITION-COMMISSION-TAKES-STRONG-ACTION): Following hundreds of complaints on social media and to various Governmental Institutions, the Competition Commission recently released a media statement addressing anti-competitive conduct during the...
[KISCH IP - WHY SHOULD A SOUTH AFRICAN ENTITY CONSIDER FILING A PATENT?](https://www.kisch-ip.com/Articles/Read/102/WHY-SHOULD-A-SOUTH-AFRICAN-ENTITY-CONSIDER-FILING-A-PATENT): A patent is an exclusive right in the form of a limited monopoly that is granted by a country to a patentee for a new invention that involves an inventive step and which is capable of being used or ap...
[KISCH IP - BACILLUS CALMETTE–GUÉRIN (BCG) VACCINE AND COVID-19](https://www.kisch-ip.com/Articles/Read/104/BACILLUS-CALMETTEGUERIN-BCG-VACCINE-AND-COVID19): It’s been fewer than six months since a novel coronavirus was discovered and this disease known as Covid-19 has since taken the world by storm affecting 185 countries, infecting close to 2.5 million p...
[KISCH IP - COUNTERFEITERS MAKE “CURE” FOR COVID-19](https://www.kisch-ip.com/Articles/Read/103/COUNTERFEITERS-MAKE-CURE-FOR-COVID19): Counterfeiters first in line to sell “cure” for COVID19 For the first quarter of 2020, COVID19 (aka Coronavirus) has been a substantial part of the news and has all but consumed our lives, suffice to...
[KISCH IP - OWNING DOOMSDAY: A PEEK INTO THE PATENTABLE MERIT OF THE CORONAVIRUS IN SOUTH AFRICA](https://www.kisch-ip.com/Articles/Read/106/OWNING-DOOMSDAY-A-PEEK-INTO-THE-PATENTABLE-MERIT-OF-THE-CORONAVIRUS-IN-SOUTH-AFRICA): As the COVID-19 pandemic has spread across the globe over the last few months, a race against time has ensued as companies scramble to find a cure and be the first to own patent rights to a vaccine ag...
[KISCH IP - BOTOX AND THE LOGIC OF REGULATION](https://www.kisch-ip.com/Articles/Read/105/BOTOX-AND-THE-LOGIC-OF-REGULATION): Westport is a small, beautiful town in Ireland which is home to around 6000 people. It would be completely unremarkable (save, perhaps, as one of the nicer places in the world to live and for its prox...
[KISCH IP - COVID-19 UPDATE – APPLICATION FILING DURING LOCKDOWN](https://www.kisch-ip.com/Articles/Read/108/COVID19-UPDATE--APPLICATION-FILING-DURING-LOCKDOWN): Under the current COVID-19 lockdown circumstances in South Africa, the Companies and Intellectual Property Commission (CIPC) recently announced a closure of the Patents & Designs, Copyright and Tr...
[KISCH IP - SOCIALLY DISTANT ARCHES](https://www.kisch-ip.com/Articles/Read/107/SOCIALLY-DISTANT-ARCHES): Amidst the Global COVID-19 pandemic that has shaken our world to the core, and simply changed the way we think and behave, many large brands have created new trade mark logos to promote our new ethos...
[KISCH IP - PRESS RELEASE - HOW COUNTERFEITERS ARE USING THE COVID-19 PANDEMIC TO THEIR BENEFIT](https://www.kisch-ip.com/Articles/Read/118/PRESS-RELEASE--HOW-COUNTERFEITERS-ARE-USING-THE-COVID19-PANDEMIC-TO-THEIR-BENEFIT): Johannesburg, 31 March 2020 In this day and age, almost anything and everything can be purchased online. With this being the case, it is difficult to ascertain if the product bought is authentic and...
[KISCH IP - FREE ‘ESSENTIAL SERVICES’ CIPC APPLICATIONS DURING COVID-19](https://www.kisch-ip.com/Articles/Read/109/FREE-ESSENTIAL-SERVICES-CIPC-APPLICATIONS-DURING-COVID19): As KISCH IP’s value-add to the community, we are assisting all our clients in South Africa who qualify as ‘essential services’ with obtaining certificates from the Companies and Intellectual Property...
[KISCH IP - CAN COVID-19 BE CONSIDERED A FORCE MAJEURE EVENT?](https://www.kisch-ip.com/Articles/Read/114/CAN-COVID19-BE-CONSIDERED-A-FORCE-MAJEURE-EVENT): The Cambridge Dictionary defines a force majeure as an “unexpected event such as a war, crime, or an earthquake which prevents someone from doing something that is written in a legal agreement”.The do...
[KISCH IP - COPYRIGHT IN TRADITIONAL WORKS](https://www.kisch-ip.com/Articles/Read/115/COPYRIGHT-IN-TRADITIONAL-WORKS): Good progress has been made in South Africa to establish and provide for the adequate protection of traditional works over the past few years. One of the first being the formulation of the Intellectua...
[KISCH IP - COPYRIGHT INFRINGEMENT AND REVERSE ENGINEERING OF A COMPUTER PROGRAM](https://www.kisch-ip.com/Articles/Read/116/COPYRIGHT-INFRINGEMENT-AND-REVERSE-ENGINEERING-OF-A-COMPUTER-PROGRAM): The Copyright Act 98 of 1978 (the Act) governs the law of copyright in South Africa. In terms of the Act, a computer program is eligible for copyright protection if certain conditions are met.The Act...
[KISCH IP - CORONAVIRUS TRADE MARKS – ECONOMIC OPPORTUNITY OR MISGUIDED OPPORTUNISM?](https://www.kisch-ip.com/Articles/Read/113/CORONAVIRUS-TRADE-MARKS--ECONOMIC-OPPORTUNITY-OR-MISGUIDED-OPPORTUNISM): The ongoing coronavirus pandemic has plunged the world into an unprecedented global crisis, as nations grapple to reign in the spread of the disease through government-imposed lockdowns and self-isola...
[KISCH IP - SOUTH AFRICA IN LOCKDOWN - MESSAGE TO OUR CLIENTS AND COLLEAGUES](https://www.kisch-ip.com/Articles/Read/112/SOUTH-AFRICA-IN-LOCKDOWN--MESSAGE-TO-OUR-CLIENTS-AND-COLLEAGUES): Dear valued Clients and Colleagues,SOUTH AFRICA IN LOCKDOWN AT LEAST FROM 27 MARCH TO 16 APRIL 2020South Africa’s President, Cyril Ramaphosa, announced on Monday 23 March 2020, that the country will b...
[KISCH IP - UPDATE: - RELAXATION OF SOUTH AFRICA’S EXCHANGE CONTROL REGULATIONS PERTAINING TO IP TRANSACTIONS](https://www.kisch-ip.com/Articles/Read/111/UPDATE--RELAXATION-OF-SOUTH-AFRICAS-EXCHANGE-CONTROL-REGULATIONS-PERTAINING-TO-IP-TRANSACTIONS): The current Exchange Control Regulations place restrictive controls on the transfer of South African owned intellectual property (IP) to any persons or entities outside of South Africa. South African...
[KISCH IP - JUST A SPOONFUL OF SUGAR?](https://www.kisch-ip.com/Articles/Read/121/JUST-A-SPOONFUL-OF-SUGAR): Have you ever wondered if the honey you are buying is truly what it attests to be on its label, that is, “pure”, “natural”, “raw”, or straight from the hive? It appears that most honey products on th...
[KISCH IP - KISCH IP COVID-19 CONTINGENCY PLAN](https://www.kisch-ip.com/Articles/Read/110/KISCH-IP-COVID19-CONTINGENCY-PLAN): Dear valued Clients and Colleagues,The outbreak of the COVID-19 pandemic has reached global proportions in a relatively short period of time and has quickly become a human crisis with an equally sever...
[KISCH IP - REGISTERED TRADE MARKS AND THEIR USE](https://www.kisch-ip.com/Articles/Read/122/REGISTERED-TRADE-MARKS-AND-THEIR-USE): Unlike any other facet of intellectual property, registered trade marks afford protection against infringing third parties in perpetuity (provided that the registered mark is renewed every 10 years)....
[KISCH IP - DO YOU EVEN CODE, BRO?](https://www.kisch-ip.com/Articles/Read/123/DO-YOU-EVEN-CODE-BRO): It is a beautiful Monday morning and you are on your way to work. You stop at your local coffee shop for your caffeine fix and witness the barista struggling to move a 2kg bag of medium roasted Brazil...
[KISCH IP - TARGET PRACTICE](https://www.kisch-ip.com/Articles/Read/124/TARGET-PRACTICE): Recognising and evaluating the target market that a product or service is aimed at, can be a material factor at play in determining whether a trade mark constitutes a third-party infringement or not.T...
[KISCH IP - THE PERSISTENT AND THE VEXATIOUS – THE ERSATZ LITIGANT](https://www.kisch-ip.com/Articles/Read/117/THE-PERSISTENT-AND-THE-VEXATIOUS--THE-ERSATZ-LITIGANT): It is a tale as old as time if you are an ersatz litigator – you lose once, you try again, regardless of merit and good faith. The notorious second, third and fourth bite at the cherry. Litigation is...
[KISCH IP - JOHN CENA REFUSES TO CRAMP SHO MADJOZI’S CREATIVE STYLE](https://www.kisch-ip.com/Articles/Read/125/JOHN-CENA-REFUSES-TO-CRAMP-SHO-MADJOZIS-CREATIVE-STYLE): In August 2019, Maya Wegerif, better known as Sho Madjozi, made a name for herself when she released her “John Cena” track on which she mainly raps in Swahili. However, she clearly mentions John Cena’...
[KISCH IP - THE ONGOING DEVELOPMENT OF SOUTH AFRICAN LAW RELATED TO CANNABIS](https://www.kisch-ip.com/Articles/Read/126/THE-ONGOING-DEVELOPMENT-OF-SOUTH-AFRICAN-LAW-RELATED-TO-CANNABIS): For those following the ongoing developments surrounding cannabis legalisation in South Africa, the publication of Government Notices R755 and R756 in May last year was met with considerable interest....
[KISCH IP - PROTECTION OF PERSONAL INFORMATION ACT NEWS FLASH](https://www.kisch-ip.com/Articles/Read/120/PROTECTION-OF-PERSONAL-INFORMATION-ACT-NEWS-FLASH): Reports have been circulating that the Protection of Personal Information Act, Act No 4 of 2013 (“POPIA”) is to be implemented on 1 April 2020. Although POPIA became law on 19 November 2013, the parts...
[KISCH IP - CIPC MANDATORY COMPLIANCE CHECKLIST](https://www.kisch-ip.com/Articles/Read/4/CIPC-MANDATORY-COMPLIANCE-CHECKLIST): CIPC MANDATORY COMPLIANCE CHECKLISTP Section 33(1) of the Companies Act 71 of 2008 (as amended) (“Companies Act”), states that every company must file an Annual Return. The Companies and Intellectual...
[KISCH IP - CONDITIONAL ACCEPTANCE OF TRADE MARK APPLICATIONS IN SOUTH AFRICA EXPLAINED](https://www.kisch-ip.com/Articles/Read/119/CONDITIONAL-ACCEPTANCE-OF-TRADE-MARK-APPLICATIONS-IN-SOUTH-AFRICA-EXPLAINED): Conditional acceptance of trade mark applications in South Africa explainedOnce trade mark applications are filed, they are examined by the Registrar about eight to ten months from date of application...
[KISCH IP - RECENT CHANGES TO CANADA’S PATENT REGIME](https://www.kisch-ip.com/Articles/Read/135/RECENT-CHANGES-TO-CANADAS-PATENT-REGIME): On 30 October 2019, Bill C-43 – Economic Action Plan 2014, Act No. 2, came into force in Canada. This resulted in changes to Canada’s Patent Act and Patent Rules. The reason for at least some of the c...
[KISCH IP - PERFORMING ARTISTS BEWARE - PROTECTION IS NEEDED](https://www.kisch-ip.com/Articles/Read/133/PERFORMING-ARTISTS-BEWARE--PROTECTION-IS-NEEDED): Who is David Junior Ngcobo? Most people probably wouldn’t know. But if you ask “who is Nasty C?”, most people in South Africa who are below retirement age will know exactly who you’re talking about.Ns...
[KISCH IP - KYLIE JENNER AND THE INTERPLAY BETWEEN MISTAKES, MEMES, MARKETING AND TRADE MARK PROTECTION](https://www.kisch-ip.com/Articles/Read/134/KYLIE-JENNER-AND-THE-INTERPLAY-BETWEEN-MISTAKES-MEMES-MARKETING-AND-TRADE-MARK-PROTECTION): Often in this day and age we spend so much time checking, double checking and then triple checking everything that we intend to post on social media. The reason for this is that much of our fate, good...
[KISCH IP - SIRI AND ALEXA ARE NOT PATENT ATTORNEYS, YET](https://www.kisch-ip.com/Articles/Read/130/SIRI-AND-ALEXA-ARE-NOT-PATENT-ATTORNEYS-YET): Challenging times foster innovative solutions and when times are tough we, companies and individuals alike, tend to hunker down and start innovating. Once you start innovating you turn towards the omn...
[KISCH IP - KANYE WEST WALKS: THE PRELIMINARY REFUSAL OF KANYE WEST’S APPLICATION FOR THE REGISTRATION OF SUNDAY SERVICE TRADE MARK.](https://www.kisch-ip.com/Articles/Read/131/KANYE-WEST-WALKS-THE-PRELIMINARY-REFUSAL-OF-KANYE-WESTS-APPLICATION-FOR-THE-REGISTRATION-OF-SUNDAY-SERVICE-TRADE-MARK): A Sunday service like no other is the order of the day; a new popular pop-up church experience hosted by the controversial hip-hop music mogul Kanye West has taken the world and recently the US Patent...
[KISCH IP - THE IMPORTANCE OF NON-TRADITIONAL TRADE MARKS IN THE DIGITAL AGE](https://www.kisch-ip.com/Articles/Read/128/THE-IMPORTANCE-OF-NONTRADITIONAL-TRADE-MARKS-IN-THE-DIGITAL-AGE): The digital era has brought about several advancements in everyday life. One of the most notable of these is the advancement in the field of technology which has changed the way businesses communicate...
[KISCH IP - SEYCHELLES TO BECOME A CONTRACTING STATE TO ARIPO](https://www.kisch-ip.com/Articles/Read/132/SEYCHELLES-TO-BECOME-A-CONTRACTING-STATE-TO-ARIPO): In a recent decision, the Cabinet of Ministers approved Seychelles’ membership to the African Regional Intellectual Property Organization (ARIPO) through the accession of Seychelles to the Harare prot...
[KISCH IP - WANNA TAKE A “SLOFIE”?](https://www.kisch-ip.com/Articles/Read/129/WANNA-TAKE-A-SLOFIE): At its iPhone 11 Pro unveiling, Apple showed off the new slow-motion selfies feature to the iPhone 11 models – or as Apple jokingly referred to them as “Slofies”. Although the made-up word “Slofies” d...
[KISCH IP - INTELLECTUAL PROPERTY VALUATIONS AS AN AID AND ADD-ON TO ACCOUNTING VALUATIONS](https://www.kisch-ip.com/Articles/Read/127/INTELLECTUAL-PROPERTY-VALUATIONS-AS-AN-AID-AND-ADDON-TO-ACCOUNTING-VALUATIONS): Clients often enquire about the necessity of an intellectual property (IP) valuation as opposed to a standard accounting valuation. An IP valuation, unlike an accounting valuation, identifies, as a fi...
[KISCH IP - WHAT IS THE PURPOSE OF AN IP HOLDING COMPANY?](https://www.kisch-ip.com/Articles/Read/143/WHAT-IS-THE-PURPOSE-OF-AN-IP-HOLDING-COMPANY): Intellectual property holding companies (IPHCo’s) are registered with the purpose of managing and holding a business or group’s intellectual property assets such as patents, trade marks, designs, copy...
[KISCH IP - THE OTHER SIDE OF “FAKE” JEWELLERY – DESIGNERS BEWARE!](https://www.kisch-ip.com/Articles/Read/144/THE-OTHER-SIDE-OF-FAKE-JEWELLERY--DESIGNERS-BEWARE): We all know of the high-end jewellery brands being counterfeited across the world with hundreds of thousands of counterfeit jewellery items being seized in markets in, and at, the borders of most coun...
[KISCH IP - SAMOA JOINS THE PATENT COOPERATION TREATY (PCT)](https://www.kisch-ip.com/Articles/Read/142/SAMOA-JOINS-THE-PATENT-COOPERATION-TREATY-PCT): Samoa deposited its instrument of accession to the Patent Cooperation Treaty (PCT) on 02 October 2019. Close to 3.5 million PCT applications have been filed since the PCT became operational in 1978 wi...
[KISCH IP - THE ART OF JEWELLERY DESIGN PROTECTION – A SOUTH AFRICAN PERSPECTIVE](https://www.kisch-ip.com/Articles/Read/138/THE-ART-OF-JEWELLERY-DESIGN-PROTECTION--A-SOUTH-AFRICAN-PERSPECTIVE): Jewellery, like all great crafts, is the domain of inspired, talented and creative designers who can blend the magic of metals, precious stones, natural materials and artistry with a vision to reveal...
[KISCH IP - YOU SNOOZE YOU LOSE, AND WITH TRADE MARKS, YOU DON’T USE YOU LOSE….](https://www.kisch-ip.com/Articles/Read/140/YOU-SNOOZE-YOU-LOSE-AND-WITH-TRADE-MARKS-YOU-DONT-USE-YOU-LOSE): A trade mark is filed based on actual use thereof or an intention to use the trade mark. Where there is no intention to use, a trade mark application may be opposed by an interested party based on tha...
[KISCH IP - HOW IMPORTANT IS YOUR EXPERT WITNESS?](https://www.kisch-ip.com/Articles/Read/141/HOW-IMPORTANT-IS-YOUR-EXPERT-WITNESS): You are heading off to a lecture room, excited to attend this particular lecture as it is taught by your favourite Professor who has a habit of sharing daily pearls of wisdom. He is not just a brillia...
[KISCH IP - TRADITIONAL JEWELLERY AND INTELLECTUAL PROPERTY PROTECTION](https://www.kisch-ip.com/Articles/Read/139/TRADITIONAL-JEWELLERY-AND-INTELLECTUAL-PROPERTY-PROTECTION): Throughout history, necklaces, beadwork and jewellery designs have always featured in African culture, as a decorative feature, but more importantly for the symbolism the article conveyed. To this day...
[KISCH IP - THE WHAT, HOW, WHERE AND WHEN OF RE-REGISTRATION OF PATENTS](https://www.kisch-ip.com/Articles/Read/136/THE-WHAT-HOW-WHERE-AND-WHEN-OF-REREGISTRATION-OF-PATENTS): Having a proper patent filing strategy for an invention is crucial to an inventor or applicant. An ideal filing strategy would involve filing patent applications in the countries and jurisdictions whe...
[KISCH IP - THE POWER OF A ‘PART MARK’ IN SOUTH AFRICA](https://www.kisch-ip.com/Articles/Read/137/THE-POWER-OF-A-PART-MARK-IN-SOUTH-AFRICA): Often knock off products imported into the local South African market replicate well-known brands, and an analysis needs to be done to determine if the owner of the legitimate well-known brand can sue...
[KISCH IP - ADVERTISING REGULATORY ISSUES YOU NEED TO KNOW ABOUT](https://www.kisch-ip.com/Articles/Read/149/ADVERTISING-REGULATORY-ISSUES-YOU-NEED-TO-KNOW-ABOUT): The Advertising Regulatory Board (ARB) been busy at work in the last few months, having issued just under 100 published decisions since it first opened its doors in November 2018, following the liquid...
[KISCH IP - INTELLECTUAL PROPERTY – THE MOST VALUABLE INTANGIBLE ASSET](https://www.kisch-ip.com/Articles/Read/150/INTELLECTUAL-PROPERTY--THE-MOST-VALUABLE-INTANGIBLE-ASSET): The International Accounting Standards 38 (IAS 38) defines an intangible asset as: "an identifiable non-monetary asset without physical substance." The International Financial Reporting Standards Comm...
[KISCH IP - SECOND OPINION ON PATENTABILITY AND PROTECTION](https://www.kisch-ip.com/Articles/Read/153/SECOND-OPINION-ON-PATENTABILITY-AND-PROTECTION): Patients often go for second medical opinions, especially when the diagnosis is bad news. The same should go for patentability as well, but inventors often take the first diagnosis to patentability an...
[KISCH IP - THE RELATIONSHIP BETWEEN CANNABIS AND TRADE MARK LAW IN SOUTH AFRICA](https://www.kisch-ip.com/Articles/Read/151/THE-RELATIONSHIP-BETWEEN-CANNABIS-AND-TRADE-MARK-LAW-IN-SOUTH-AFRICA): A trade mark shall not be registered, or if registered is liable to be removed from the register, if such mark is:inherently deceptive or likely to deceive or cause confusion;contrary to law;contra bo...
[KISCH IP - FACEAPP AND THE USE OF PHOTOS](https://www.kisch-ip.com/Articles/Read/152/FACEAPP-AND-THE-USE-OF-PHOTOS): The latest social media trend to go viral is the face-altering software FaceApp, which uses a filter to make users look older.An inspection of FaceApp’s terms of service reveals that users grant FaceA...
[KISCH IP - THE PATENTABILITY OF LIVING THINGS – A SOUTH AFRICAN APPROACH](https://www.kisch-ip.com/Articles/Read/146/THE-PATENTABILITY-OF-LIVING-THINGS--A-SOUTH-AFRICAN-APPROACH): Patent protection of living organisms, or substances derived from them, has long been a locus of confusion and controversy in law. Recently, however, there has been something of a move towards consens...
[KISCH IP - CAN YOU TRUST FACEAPP WITH YOUR FACE?](https://www.kisch-ip.com/Articles/Read/147/CAN-YOU-TRUST-FACEAPP-WITH-YOUR-FACE): Over 150 million people worldwide recently downloaded the very popular FaceApp after Hollywood celebrities started posting images of their edited faces in a social media challenge using the hashtag, #...
[KISCH IP - ARE YOU GUILTY OF INFRINGEMENT?](https://www.kisch-ip.com/Articles/Read/145/ARE-YOU-GUILTY-OF-INFRINGEMENT): What do you do when your distributor terminates your Supply and Distribution Contract stating that it is more economical for them to acquire the products from another company (Company A)? However, yo...
[KISCH IP - CONSIDERING A REBRAND? THE COPYRIGHT CONUNDRUM](https://www.kisch-ip.com/Articles/Read/161/CONSIDERING-A-REBRAND-THE-COPYRIGHT-CONUNDRUM): Have you enlisted the assistance of a third-party graphic designer to create a new logo or corporate identity for your rebrand?Often corporates and start-ups are so excited by the prospect of bringing...
[KISCH IP - THE SEARCH FOR YOUR INFORMATION OFFICER BEGINS NOW](https://www.kisch-ip.com/Articles/Read/157/THE-SEARCH-FOR-YOUR-INFORMATION-OFFICER-BEGINS-NOW): The Regulations relating to the Protection of Personal Information 2018 (the Regulations) were published by the Information Regulator on 14 December 2018. Although the POPI Regulations are final, they...
[KISCH IP - RESEARCH AND DEVELOPMENT IN SOUTH AFRICA: A MUST-READ FOR ANY BUSINESS OPERATING IN SOUTH AFRICA](https://www.kisch-ip.com/Articles/Read/156/RESEARCH-AND-DEVELOPMENT-IN-SOUTH-AFRICA-A-MUSTREAD-FOR-ANY-BUSINESS-OPERATING-IN-SOUTH-AFRICA): In 2006, the South African Government introduced a tax-incentive scheme aimed at increasing scientific and technological research and development expenditure by businesses throughout all sectors in So...
[KISCH IP - AFRICAN PATENT OPTIONS: ROADS LESS TRAVELLED](https://www.kisch-ip.com/Articles/Read/148/AFRICAN-PATENT-OPTIONS-ROADS-LESS-TRAVELLED): Africa, the world’s second largest continent, is home to some of the fastest-growing economies. It has over 50 countries, each with its own set of intellectual property law systems, offering investor...
[KISCH IP - PATENTS OF NOTE 2: FUSION EDITION](https://www.kisch-ip.com/Articles/Read/160/PATENTS-OF-NOTE-2-FUSION-EDITION): Patents of Note is a regular series of articles touching on patents that are of interest to the general public.An interesting thing about patent specifications, and one which many people tend to forge...
[KISCH IP - WHO IS THE BOSS OF YOUR CAKE?](https://www.kisch-ip.com/Articles/Read/162/WHO-IS-THE-BOSS-OF-YOUR-CAKE): Fans of reality TV shows will be familiar with shows like “Cake Boss”, which pit the worlds best confectioners against each other to produce the most extravagantly and intricately designed and decorat...
[KISCH IP - THE RISE OF BLOCKCHAIN TECHNOLOGY AND HOW INTELLECTUAL PROPERTY LAW COULD BENEFIT FROM IT](https://www.kisch-ip.com/Articles/Read/155/THE-RISE-OF-BLOCKCHAIN-TECHNOLOGY-AND-HOW-INTELLECTUAL-PROPERTY-LAW-COULD-BENEFIT-FROM-IT): The word ‘blockchain’ has garnered much attention over the last few years, with some labelling it as an elaborate scam, while other opportunists made millions during the initial Bitcoin “storm”. Initi...
[KISCH IP - PATENTS: ARIPO OR OAPI…WHAT IS THE DIFFERENCE?](https://www.kisch-ip.com/Articles/Read/154/PATENTS-ARIPO-OR-OAPIWHAT-IS-THE-DIFFERENCE): Filing patents in Africa is often perceived as a minefield of different regional and national laws, whilst it is in fact relatively simple. There are two regional patent offices, covering different te...
[KISCH IP - LET US NOT CALL A THING, THING](https://www.kisch-ip.com/Articles/Read/158/LET-US-NOT-CALL-A-THING-THING): In the past months, I have started really paying attention to every billboard I come across. I find myself stopping on street corners, analysing each word, slogan and logo in an effort to determine th...
[KISCH IP - NEDBANK AND IT ENTREPRENEURS IN DEVELOPING PATENT SAGA](https://www.kisch-ip.com/Articles/Read/159/NEDBANK-AND-IT-ENTREPRENEURS-IN-DEVELOPING-PATENT-SAGA): It has recently been reported that two IT entrepreneurs from Gugulethu have made an application for an interdict to prevent Nedbank from using, that is, infringing, their invention protected by South...
[KISCH IP - IS MY WORK ORIGINAL ENOUGH?](https://www.kisch-ip.com/Articles/Read/168/IS-MY-WORK-ORIGINAL-ENOUGH): It is often said that there is nothing new under the sun, and that re-inventing the wheel is often a futile effort. Intellectual Property (IP) refers to creations of the mind, for example: inventions...
[KISCH IP - WHAT TO DO WHEN YOUR PRODUCT IS COPIED](https://www.kisch-ip.com/Articles/Read/167/WHAT-TO-DO-WHEN-YOUR-PRODUCT-IS-COPIED): South Africa has seen a dramatic rise in entrepreneurial activity with many seeking to launch new products into the marketplace. For some, this means spending most of their time and budget on creating...
[KISCH IP - KISCH IP CELEBRATING AFRICA DAY 25 MAY 2019](https://www.kisch-ip.com/Articles/Read/166/KISCH-IP-CELEBRATING-AFRICA-DAY-25-MAY-2019): Africa Day is the annual commemoration of the foundation of the Organisation of African Unity on 25 May 1963.The theme for 2019 is “Healthy Lifestyle Prolongs Life” which was selected to emphasise the...
[KISCH IP - DOMAIN NAME DISPUTES – ARE THEY WORTH IT?](https://www.kisch-ip.com/Articles/Read/169/DOMAIN-NAME-DISPUTES--ARE-THEY-WORTH-IT): ADR, UDRP and URS. SAIIPL, ICANN, WIPO, MFSD, ADNRC, and NAF. You’re probably confused, aren’t you?What do all of these have in common? They are all legal mechanisms or regulatory bodies established t...
[KISCH IP - THE INTERPLAY BETWEEN COMPANY NAME RESERVATIONS, TRADE MARK REGISTRATIONS AND DEFENSIVE COMPANY NAME REGISTRATIONS](https://www.kisch-ip.com/Articles/Read/170/THE-INTERPLAY-BETWEEN-COMPANY-NAME-RESERVATIONS-TRADE-MARK-REGISTRATIONS-AND-DEFENSIVE-COMPANY-NAME-REGISTRATIONS): More often than not, business owners do not attend to a trade mark availability search before they register their company name at the Companies and Intellectual Property Commission (CIPC). Section 11...
[KISCH IP - BURUNDI AND RWANDA – RENEWALS ARE DUE](https://www.kisch-ip.com/Articles/Read/171/BURUNDI-AND-RWANDA--RENEWALS-ARE-DUE): One of the benefits of trade marks, compared to other forms of intellectual property like patents and copyright, is that a trade mark can be protected in perpetuity. However, in order for this to be...
[KISCH IP - WHEN IT IS NECESSARY TO HIRE A PATENT ATTORNEY](https://www.kisch-ip.com/Articles/Read/215/WHEN-IT-IS-NECESSARY-TO-HIRE-A-PATENT-ATTORNEY): The cost of obtaining a patent may seem exorbitant for the individual entrepreneur or start-up, but the protection of intellectual property may be critical to the success of the business. Patent attor...
[KISCH IP - WHY SHOULD I TRUST MY PATENT ATTORNEY?](https://www.kisch-ip.com/Articles/Read/164/WHY-SHOULD-I-TRUST-MY-PATENT-ATTORNEY): You have an invention that may be patentable. You know by now that secrecy and confidentiality is key to retaining patentability of your invention. To patent an invention, you need to talk to a patent...
[KISCH IP - WINTER IS HERE- GOT CONTINUES TO ENTHRALL](https://www.kisch-ip.com/Articles/Read/163/WINTER-IS-HERE-GOT-CONTINUES-TO-ENTHRALL): Fans of the award-winning series, Game of Thrones, were eager to watch the premiere of the long awaited 8th and final season that started on 14 April 2019 and, as is evidenced on social media, has the...
[KISCH IP - NO ‘ONE-SIZE-FITS-ALL’ FOR BRANDED GOODS ENTERING AFRICAN COUNTRIES](https://www.kisch-ip.com/Articles/Read/165/NO-ONESIZEFITSALL-FOR-BRANDED-GOODS-ENTERING-AFRICAN-COUNTRIES): The role of Customs in the enforcement of intellectual property rights and the fight against counterfeit goods in AfricaThe demand for branded goods in Africa is growing and, as such, the instances of...
[KISCH IP - PATENT PENDING: WHAT DOES IT EVEN MEAN?](https://www.kisch-ip.com/Articles/Read/177/PATENT-PENDING-WHAT-DOES-IT-EVEN-MEAN): Picture a scenario where you come across a product which is currently trending and children everywhere either have or want one, however, it is only being manufactured and sold by one entity. You purc...
[KISCH IP - THE COMPLEX ISSUE OF PRIVACY WHEN ON THE INTERNET](https://www.kisch-ip.com/Articles/Read/178/THE-COMPLEX-ISSUE-OF-PRIVACY-WHEN-ON-THE-INTERNET): The Oxford Dictionary defines doxing as “Searching for and publishing private or identifying information about a particular individual on the Internet, typically with malicious intent.” The term, whic...
[KISCH IP - HOW DOES AN INTELLECTUAL PROPERTY DUE DILIGENCE ASSIST IN MITIGATING RISK DURING LICENSING NEGOTIATIONS?](https://www.kisch-ip.com/Articles/Read/179/HOW-DOES-AN-INTELLECTUAL-PROPERTY-DUE-DILIGENCE-ASSIST-IN-MITIGATING-RISK-DURING-LICENSING-NEGOTIATIONS): The value of intellectual property assets in companies is often overlooked or underestimated when it comes to licensing, mergers and acquisitions. Mostly, the value of their intellectual property - as...
[KISCH IP - DON’T FORGET THE UTILITY MODEL](https://www.kisch-ip.com/Articles/Read/173/DONT-FORGET-THE-UTILITY-MODEL): Inventors often (hopefully always) look at ways to protect their inventions to gain the most benefit for them. The first ports of call are invariably patent, design and copyright protection along with...
[KISCH IP - HOW A “HOUSE OF BONANG” CAN HOUSE ITS IP](https://www.kisch-ip.com/Articles/Read/174/HOW-A-HOUSE-OF-BONANG-CAN-HOUSE-ITS-IP): As most of you already know, Bonang Matheba, one of South Africa’s leading media personalities, launched her own range of sparkling wine (MCC) called “HOUSE OF BNG” on Monday, 18 March 2019.Many celeb...
[KISCH IP - WHO MAY APPLY FOR A PATENT? THE APPLICANT VS THE INVENTOR](https://www.kisch-ip.com/Articles/Read/180/WHO-MAY-APPLY-FOR-A-PATENT-THE-APPLICANT-VS-THE-INVENTOR): “Every once in a while, a new technology, an old problem and a big idea turn into an innovation.” – Dean KamenSuch an innovation may cause the inventor to obtain a patent towards the protection thereo...
[KISCH IP - A SIMPLE UNDERSTANDING OF COUNTERFEIT LAW IN SOUTH AFRICA](https://www.kisch-ip.com/Articles/Read/172/A-SIMPLE-UNDERSTANDING-OF-COUNTERFEIT-LAW-IN-SOUTH-AFRICA): Eradicating counterfeit goods in the South African market is essential to its economy. The practical consequence of not taking action against the sale of counterfeit goods in the market results in los...
[KISCH IP - PATENTING STRATEGY: WHEN TO PATENT?](https://www.kisch-ip.com/Articles/Read/175/PATENTING-STRATEGY-WHEN-TO-PATENT): Patenting of inventions can be notoriously expensive; however, the monopoly attracted because of it has the potential to exceed, by far, any initial patenting costs. The problem remains that a decisio...
[KISCH IP - WHAT DO YOU MEME IT IS ILLEGAL TO SHARE MEMES?](https://www.kisch-ip.com/Articles/Read/189/WHAT-DO-YOU-MEME-IT-IS-ILLEGAL-TO-SHARE-MEMES): WHAT DO YOU MEME IT IS ILLEGAL TO SHARE MEMES?E
Firstly, what is a meme? A meme is an image, video, picture or piece of text that is typically humorous in nature that spreads like wildfire on the Int...
[KISCH IP - PATENTS OF NOTE 1](https://www.kisch-ip.com/Articles/Read/176/PATENTS-OF-NOTE-1): Patents of Note is a regular series of articles touching on patents that are of interest to the general public.Recently, a research team from the University of Illinois announced a major breakthrough...
[KISCH IP - DO THE RECENT UK TRADE MARK AMENDMENTS APPLY TO SOUTH AFRICA?](https://www.kisch-ip.com/Articles/Read/183/DO-THE-RECENT-UK-TRADE-MARK-AMENDMENTS-APPLY-TO-SOUTH-AFRICA): Certain amendments to the UK Trade Marks Act 1994 and their Trade Mark Rules 2008 came into effect on 14 January 2019. These changes implement the EU Trade Mark Directive 2015 in the UK. In other word...
[KISCH IP - THE COLLABORATION BETWEEN FRANCHISING AND SOCIAL MEDIA](https://www.kisch-ip.com/Articles/Read/188/THE-COLLABORATION-BETWEEN-FRANCHISING-AND-SOCIAL-MEDIA): Over the past decade or so, social media has transformed from an entertaining pastime and means for social networking into a modern-day marketing tool, for both franchisors and franchisees alike. Popu...
[KISCH IP - CAN PATENTS HELP REGULATE FUTURE EXPERIMENTATION WITH DESIGNER BABIES?](https://www.kisch-ip.com/Articles/Read/181/CAN-PATENTS-HELP-REGULATE-FUTURE-EXPERIMENTATION-WITH-DESIGNER-BABIES): Jiankui He, an associate professor of bioengineering who is currently on leave from Southern University of Science and Technology, in Shenzhen, China, has claimed to be the first to successfully bring...
[KISCH IP - BABY SHARK IN DANGEROUS EUROPEAN WATERS](https://www.kisch-ip.com/Articles/Read/184/BABY-SHARK-IN-DANGEROUS-EUROPEAN-WATERS): In 2015, the creators of the YouTube channel, PinkFong, published the Baby Shark music video on its channel. However, it was in 2018 that the song became a global phenomenon, to the extent that it cur...
[KISCH IP - GENERIC TRADE MARKS – RECENT DEVELOPMENTS IN THE UK AND EUROPE](https://www.kisch-ip.com/Articles/Read/185/GENERIC-TRADE-MARKS--RECENT-DEVELOPMENTS-IN-THE-UK-AND-EUROPE): While we have previously written about the problem of trade marks becoming generic, there has recently been a development in the United Kingdom (originating from the European Union) regarding generic...
[KISCH IP - PATENTING A DESIGN?](https://www.kisch-ip.com/Articles/Read/186/PATENTING-A-DESIGN): Intellectual property rights are divided into a number of different categories, each of which is regulated by its own act, or by the common law. Patents and designs make up two of these categories. Th...
[KISCH IP - HOW SMALL BUSINESSES CAN PROTECT THEMSELVES AGAINST RETAIL GIANTS](https://www.kisch-ip.com/Articles/Read/187/HOW-SMALL-BUSINESSES-CAN-PROTECT-THEMSELVES-AGAINST-RETAIL-GIANTS): “New year, new me” …well, the second month of 2019 is here which means that our New year’s resolutions are next year’s problem and we are pretty much back to basics. However, if you took the leap and...
[KISCH IP - CROWD-SOURCING AND INTELLECTUAL PROPERTY CONSIDERATIONS](https://www.kisch-ip.com/Articles/Read/182/CROWDSOURCING-AND-INTELLECTUAL-PROPERTY-CONSIDERATIONS): Developments in technology and social media platforms have changed the way that businesses engage with their consumer markets. Customer bases are now more accessible to business owners and as such the...
[KISCH IP - TRUE OR FALSE: LUXURY BRANDS ARE THE ONLY TARGETS OF COUNTERFEITERS – PROTECTING FAST-MOVING CONSUMER GOODS FROM COUNTERFEITERS](https://www.kisch-ip.com/Articles/Read/196/TRUE-OR-FALSE-LUXURY-BRANDS-ARE-THE-ONLY-TARGETS-OF-COUNTERFEITERS--PROTECTING-FASTMOVING-CONSUMER-GOODS-FROM-COUNTERFEITERS): Counterfeiting is a practice where goods, which are generally of an inferior quality, are manufactured and sold as an imitation of the intellectual property rights of another, without their permission...
[KISCH IP - DO NOT FILE YOUR CANNABIS TRADE MARKS…YET:](https://www.kisch-ip.com/Articles/Read/197/DO-NOT-FILE-YOUR-CANNABIS-TRADE-MARKSYET): The Constitutional Court judgment which decriminalises the private use of cannabis has also resulted in an emotional high for a lot of South Africans.As predicted, this has placed a lot of existing an...
[KISCH IP - CAN YOUR EMAIL DISCLAIMER GET YOU OUT OF AN UNINTENDED CONTRACT?](https://www.kisch-ip.com/Articles/Read/198/CAN-YOUR-EMAIL-DISCLAIMER-GET-YOU-OUT-OF-AN-UNINTENDED-CONTRACT): It is a reasonably well-known fact that most types of agreement may be entered into using electronic means; for example, by way of email, or even instant messaging applications, such as WhatsApp. Cert...
[KISCH IP - WHY REGISTRATION OF YOUR BRAND WITH CUSTOMS IN MAURITIUS IS IMPORTANT TO YOUR SOUTH AFRICAN AND REST OF AFRICA ENFORCEMENT STRATEGY.](https://www.kisch-ip.com/Articles/Read/192/WHY-REGISTRATION-OF-YOUR-BRAND-WITH-CUSTOMS-IN-MAURITIUS-IS-IMPORTANT-TO-YOUR-SOUTH-AFRICAN-AND-REST-OF-AFRICA-ENFORCEMENT-STRATEGY): Mauritius attracts many entities wanting to set up shop on their tropical island. With this foreign investment, it is important to consider the implications on brand enforcement and on its trading par...
[KISCH IP - COMPELLING CASE FOR PATENTING IN SOUTH AFRICA](https://www.kisch-ip.com/Articles/Read/193/COMPELLING-CASE-FOR-PATENTING-IN-SOUTH-AFRICA): South Africa (SA) is widely recognised as the gateway to the rest of Africa, a continent which contains 30% of the world’s mineral reserves, and 1 billion people. It is therefore an attractive launch...
[KISCH IP - SPRING CLEAN YOUR IP PORTFOLIO](https://www.kisch-ip.com/Articles/Read/10/SPRING-CLEAN-YOUR-IP-PORTFOLIO): In many companies it is common for business plans to evolve over time, however, what is often forgotten is their overriding intellectual property (IP) strategy which does not adapt to those changes....
[KISCH IP - WHAT YOU SHOULD KNOW ABOUT COPYRIGHT AS AN AUTHOR OR CREATOR](https://www.kisch-ip.com/Articles/Read/191/WHAT-YOU-SHOULD-KNOW-ABOUT-COPYRIGHT-AS-AN-AUTHOR-OR-CREATOR): The Copyright Act does not require registration in order to acquire copyright in respect of a particular work. Instead copyright subsists automatically once a work has been completed, provided that ce...
[KISCH IP - INTELLECTUAL PROPERTY AND THE SHAPE OF THINGS](https://www.kisch-ip.com/Articles/Read/195/INTELLECTUAL-PROPERTY-AND-THE-SHAPE-OF-THINGS): Recently one of the leading producers of soy sauce, the Kikkoman Corporation, was finally able to have its soy sauce dispenser bottle registered as a 3-D trade mark in Japan. Although the Kikkoman Cor...
[KISCH IP - WOOLWORTHS MANAGES TO SWEET TALK ITS WAY OUT OF AN ASA CONSUMER COMPLAINT](https://www.kisch-ip.com/Articles/Read/190/WOOLWORTHS-MANAGES-TO-SWEET-TALK-ITS-WAY-OUT-OF-AN-ASA-CONSUMER-COMPLAINT): In the recent matter between Woolworths Holdings Limited (“Woolworths”) and Mrs. Sally Baikie (“the Complainant”), the Advertising Standards Authority of South Africa (“ASA”) had to decide whether Woo...
[KISCH IP - ROGER FEDERER STILL ABLE TO SURPRISE AFTER ALL THESE YEARS](https://www.kisch-ip.com/Articles/Read/204/ROGER-FEDERER-STILL-ABLE-TO-SURPRISE-AFTER-ALL-THESE-YEARS): Tennis fans flock to courtsides and televisions to watch Swiss tennis sensation Roger Federer and instantly recognize the iconic RF Logo that has become synonymous with the man. However, fans will, no...
[KISCH IP - PATENT INVENTORSHIP: NOT ALWAYS SO PATENTLY CLEAR](https://www.kisch-ip.com/Articles/Read/200/PATENT-INVENTORSHIP-NOT-ALWAYS-SO-PATENTLY-CLEAR): The South African Patents Act No. 57 of 1978 (“the Act”) does not define “inventor” per se, although it is generally understood to refer to a natural person who conceives of something novel in the con...
[KISCH IP - IMPORTANT CONSIDERATIONS OF PROTECTION IN AFRICA](https://www.kisch-ip.com/Articles/Read/199/IMPORTANT-CONSIDERATIONS-OF-PROTECTION-IN-AFRICA): Africa is one of the fastest growing economic regions in the world with countries with natural resources that supports industries such as mining, oil and gas, and agriculture, benefitting from increas...
[KISCH IP - JUNK SCIENCE AND DISCLOSURE](https://www.kisch-ip.com/Articles/Read/206/JUNK-SCIENCE-AND-DISCLOSURE): One of the interesting aspects of patents is the degree to which countries have harmonised their laws. This stands in stark contrast to any number of other legal issues and is very welcome for patent...
[KISCH IP - DATA BREACHES: WHAT IS REQUIRED?](https://www.kisch-ip.com/Articles/Read/205/DATA-BREACHES-WHAT-IS-REQUIRED): South Africa has experienced no fewer than four significant data breaches involving consumer’s personal information held by businesses, in the preceding ten months alone. There is currently no legisla...
[KISCH IP - SOFTWARE DEVELOPERS PASOP/BEWARE/QAPHELA/HLOKOMELA](https://www.kisch-ip.com/Articles/Read/201/SOFTWARE-DEVELOPERS-PASOPBEWAREQAPHELAHLOKOMELA): Section 2 of the South African Copyright Act 98 of 1978 (the “Act”) states that computer programs are eligible for copyright protection in South Africa. A “computer program” is defined by the Act as “...
[KISCH IP - IT’S A REVOLUTION](https://www.kisch-ip.com/Articles/Read/202/ITS-A-REVOLUTION): Does the fourth industrial revolution call for a sui generis form of IP protection?It has been said that the fourth industrial revolution is upon us. Technological fields such as Artificial Intelligen...
[KISCH IP - COMMERCIAL TRANSACTIONS AND PATENTS: IMPORTANT CONSIDERATIONS TO BE NOTED](https://www.kisch-ip.com/Articles/Read/203/COMMERCIAL-TRANSACTIONS-AND-PATENTS-IMPORTANT-CONSIDERATIONS-TO-BE-NOTED): The intellectual capital of a business – its patent portfolio in particular – is one of many factors which ought to be thoroughly evaluated prior to entering into a licensing agreement or when conside...
[KISCH IP - GDPR APPLICABILITY TO SOUTH AFRICAN BUSINESSES – NOT JUST FOR THE EU AFTER ALL](https://www.kisch-ip.com/Articles/Read/210/GDPR-APPLICABILITY-TO-SOUTH-AFRICAN-BUSINESSES--NOT-JUST-FOR-THE-EU-AFTER-ALL): Businesses operating in South Africa are currently facing the imminent implementation of the Protection of Personal Information Act 4 of 2013 (POPI); however there is much debate as to whether busines...
[KISCH IP - PAIPO – CONCERNS FROM A BRAND HOLDER’S PERSPECTIVE](https://www.kisch-ip.com/Articles/Read/211/PAIPO--CONCERNS-FROM-A-BRAND-HOLDERS-PERSPECTIVE): Since the start of cross-border trade, various treaties have been entered into to provide protection of a brand holder which is similar to that of the nationals of a foreign nation in respect of their...
[KISCH IP - ENSURING THAT YOUR TRADE MARK IS PROTECTED IN PERPETUITY IN AFRICA](https://www.kisch-ip.com/Articles/Read/212/ENSURING-THAT-YOUR-TRADE-MARK-IS-PROTECTED-IN-PERPETUITY-IN-AFRICA): Unlike other forms of intellectual property that are protected for a limited period of time, trade marks can be protected in perpetuity provided the trade marks are renewed*.In some African territorie...
[KISCH IP - CAGED SONGBIRDS: THE OWNERSHIP OF COPYRIGHT IN MUSICAL WORKS](https://www.kisch-ip.com/Articles/Read/214/CAGED-SONGBIRDS-THE-OWNERSHIP-OF-COPYRIGHT-IN-MUSICAL-WORKS): Brenda Fassie. Fifi Cooper. One being a legend whose works has lived on long after she has and the other, a rising star in the hip hop music industry. These are two very different musicians, from vast...
[KISCH IP - WILL THE GDPR AFFECT SOUTH AFRICAN BUSINESS OWNERS?](https://www.kisch-ip.com/Articles/Read/208/WILL-THE-GDPR-AFFECT-SOUTH-AFRICAN-BUSINESS-OWNERS): Dear Client,There is much discussion in South Africa at the moment about the EU’s General Data Protection Regulation (GDPR) which will come into effect on 25 May 2018 and whether we all need to comply...
[KISCH IP - I OWN THE COPYRIGHT IN MY TATTOO RIGHT?](https://www.kisch-ip.com/Articles/Read/213/I-OWN-THE-COPYRIGHT-IN-MY-TATTOO-RIGHT): Tattoos are no longer taboo. From the grunge metal singer in your local bar to the CEO of a fortune 500 company, tattoos are commonplace in modern society. Most neighbourhoods will have at least one t...
[KISCH IP - AFRICA – AN IDEAL MARKET FOR BRAND HOLDERS AND COUNTERFEITERS](https://www.kisch-ip.com/Articles/Read/209/AFRICA--AN-IDEAL-MARKET-FOR-BRAND-HOLDERS-AND-COUNTERFEITERS): 25 May 2018 is celebrated as AFRICA DAY and marks the formation of the African Union. Africa has seen a vast increase in investment and growth over the past 50+ years and many companies have already m...
[KISCH IP - DON’T BLUR YOUR COPYRIGHT LINES OR YOU MIGHT LOSE YOURSELF IN A DAMAGE CLAIM](https://www.kisch-ip.com/Articles/Read/222/DONT-BLUR-YOUR-COPYRIGHT-LINES-OR-YOU-MIGHT-LOSE-YOURSELF-IN-A-DAMAGE-CLAIM): Two recent decisions in New Zealand and the United States of America illustrate the importance of and recognition given to copyright in the music industry, and the need to ensure that one obtains perm...
[KISCH IP - NEW EXPEDITED/DELAYED EXAMINATION PROVISIONS IN ARIPO](https://www.kisch-ip.com/Articles/Read/232/NEW-EXPEDITEDDELAYED-EXAMINATION-PROVISIONS-IN-ARIPO): Effective from 1 January 2018, expedited/delayed examination may be requested for ARIPO applications. ARIPO (The Administrative Council of the African Regional Intellectual Property Organization) has...
[KISCH IP - HOW CAN I COPYRIGHT MY IDEA?](https://www.kisch-ip.com/Articles/Read/207/HOW-CAN-I-COPYRIGHT-MY-IDEA): One of the most frequent queries intellectual property attorneys receive is from clients who want to “copyright their idea”. However, you can’t “copyright an idea”. Copyright protection only extends t...
[KISCH IP - COPYRIGHT – THE UNREGISTERABLE, THE FORGOTTEN AND THE MIGHTY](https://www.kisch-ip.com/Articles/Read/220/COPYRIGHT--THE-UNREGISTERABLE-THE-FORGOTTEN-AND-THE-MIGHTY): What does the Agricultural Research Council (‘ARC’), a cattle breeder and a stud bull have in common? Copyright of course.In December 2017, a saga spanning more than 5 years finally came to an end whe...
[KISCH IP - BREXIT AND YOUR EU TRADE MARK](https://www.kisch-ip.com/Articles/Read/221/BREXIT-AND-YOUR-EU-TRADE-MARK): For many years, brand holders have taken advantage of the comparatively inexpensive EU trade mark registration system to get registered rights in their trade marks covering all member countries of the...
[KISCH IP - THE PERILS OF INVENTORSHIP - NAVIGATING PATENT INVENTORSHIP ISSUES](https://www.kisch-ip.com/Articles/Read/223/THE-PERILS-OF-INVENTORSHIP--NAVIGATING-PATENT-INVENTORSHIP-ISSUES): Determining inventorship is often fraught with peril because all researchers working on a research project desire to be recognized as an inventor in the event that patent applications are filed. The q...
[KISCH IP - TAYLOR CAN'T COME TO THE PHONE RIGHT NOW](https://www.kisch-ip.com/Articles/Read/218/TAYLOR-CANT-COME-TO-THE-PHONE-RIGHT-NOW): Old habits die hard, as is the case with Taylor Swift, who has applied to trade mark several titles and catchphrases from her upcoming album “Reputation”, including the line “The Old Taylor Can't Come...
[KISCH IP - NEWSFLASH: USE OF TEQUILA NOW REGULATED IN SOUTH AFRICA](https://www.kisch-ip.com/Articles/Read/219/NEWSFLASH-USE-OF-TEQUILA-NOW-REGULATED-IN-SOUTH-AFRICA): The Minister of Agriculture, Forestry and Fisheries has approved and published an amendment to the Regulations of the Liquor Products Act 60 of 1989, specifically relating to the Limitation on the Use...
[KISCH IP - BEWARE – FAKE NEWS!](https://www.kisch-ip.com/Articles/Read/224/BEWARE--FAKE-NEWS): Increase in the sale of counterfeit goods on social media in South AfricaAfrica is home to four of the world’s ten fastest growing economies. According to Digital in 2018, Africa has been recognised a...
[KISCH IP - WHEN IS A DESCRIPTIVE MARK NOT A DESCRIPTIVE MARK?](https://www.kisch-ip.com/Articles/Read/217/WHEN-IS-A-DESCRIPTIVE-MARK-NOT-A-DESCRIPTIVE-MARK): This was the issue before the Supreme Court of Appeal in the matter between Dinnermates (Tvl) CC and Piquante Brands International & another 401/17) [2018] ZASCA 43 (28 March 2018).The matter was...
[KISCH IP - DON’T FIDGET, FILE!](https://www.kisch-ip.com/Articles/Read/227/DONT-FIDGET-FILE): It can easily be said that the year 2017 was wholly enveloped by the far-reaching fad of the fidget spinner..In 2017, an explosive presence of the fidget spinner was experienced world-wide. Whether fi...
[KISCH IP - DATA PROTECTION AND SECURITY AS IT RELATES TO THE INTERNET OF THINGS](https://www.kisch-ip.com/Articles/Read/216/DATA-PROTECTION-AND-SECURITY-AS-IT-RELATES-TO-THE-INTERNET-OF-THINGS): Forbes.com describes the “Internet of Things” as “the concept of basically connecting any device with an on and off switch to the Internet (and/or to each other)”. Examples of this include:Smartwatche...
[KISCH IP - THE WINNING COMBINATION OF BUSINESS AND SOCIAL MEDIA DONE RIGHT](https://www.kisch-ip.com/Articles/Read/230/THE-WINNING-COMBINATION-OF-BUSINESS-AND-SOCIAL-MEDIA-DONE-RIGHT): Many of us can no longer imagine a world without social media. Its ability to record important events, share information and create a public image at very little cost is unprecedented. But as with eve...
[KISCH IP - BETWEEN THE SCHELDT AND THE MEUSE: NAVIGATING BIOLOGICS-RELATED PATENTS](https://www.kisch-ip.com/Articles/Read/233/BETWEEN-THE-SCHELDT-AND-THE-MEUSE-NAVIGATING-BIOLOGICSRELATED-PATENTS): When navigating the already-choppy river of patent prosecution, it is always disconcerting to see white water ahead. For researchers developing new classes of drugs there are, unfortunately, a number...
[KISCH IP - LADY GAGA'S BAD ROMANCE WITH TRATTORIA](https://www.kisch-ip.com/Articles/Read/231/LADY-GAGAS-BAD-ROMANCE-WITH-TRATTORIA): Trade marks are vital in protecting your intellectual property (IP) no matter how famous or established you are. The process applies to everyone and understanding the reason for this protection and wh...
[KISCH IP - INTELLECTUAL PROPERTY UNPACKED: COPYRIGHT OWNERSHIP](https://www.kisch-ip.com/Articles/Read/228/INTELLECTUAL-PROPERTY-UNPACKED-COPYRIGHT-OWNERSHIP): So, your morning shower stirred the creative juices, and you came up with the next big thing, ensuring that not only will you be able to keep up with the Joneses, they might want to start keeping up w...
[KISCH IP - SLEEP(ING) OUT OF COPYRIGHT OWNERSHIP](https://www.kisch-ip.com/Articles/Read/225/SLEEPING-OUT-OF-COPYRIGHT-OWNERSHIP): The law around ownership of the copyright subsisting in databases where two independent parties contributed to the final work.In the recent case of Philanthropic Collection (Pty) Ltd v Girls & Boy...
[KISCH IP - POLITICALLY (IN)CORRECT?](https://www.kisch-ip.com/Articles/Read/229/POLITICALLY-INCORRECT): In recent times the international political arena has been fraught with alleged intellectual property violations – Eminem successfully sued the New Zealand National Party for infringing the copyright...
[KISCH IP - ‘FAKE’ APPS: A NEW THREAT TO THE EVERYDAY CONSUMER](https://www.kisch-ip.com/Articles/Read/226/FAKE-APPS-A-NEW-THREAT-TO-THE-EVERYDAY-CONSUMER): The rapid advancements in the mobile phone and ease of access to vast amounts of mobile applications (“Apps”) has made it seem that there is an App for everything and anything. Unfortunately, and unbe...
[KISCH IP - HAS THE ADVERTISING STANDARDS AUTHORITY REGAINED ITS AUTHORITY](https://www.kisch-ip.com/Articles/Read/239/HAS-THE-ADVERTISING-STANDARDS-AUTHORITY-REGAINED-ITS-AUTHORITY): While the Advertising Standards Authority of South Africa (“ASA”) is not quite out of the woods yet, it certainly appears to be recovering much of its former strength. Much will depend on the outcome...
[KISCH IP - DON'T LET YOUR BYTES BITE BACK! ONLINE SHOPPERS BEWARE...](https://www.kisch-ip.com/Articles/Read/236/DONT-LET-YOUR-BYTES-BITE-BACK-ONLINE-SHOPPERS-BEWARE): Counterfeit is an ongoing problem but never more prevalent than during the festive season. And, with our struggling economy, we expect to feel it even more this year. While many in South Africa are s...
[KISCH IP - KEEP A LID ON IT: THE IMPORTANCE OF NON-DISCLOSURE AGREEMENTS](https://www.kisch-ip.com/Articles/Read/241/KEEP-A-LID-ON-IT-THE-IMPORTANCE-OF-NONDISCLOSURE-AGREEMENTS): A successful business is one which is able to exploit any opportunity available to it and, in doing so, maintain a competitive edge in its market. The exploitation of such opportunities may mean enter...
[KISCH IP - DOES THE ASA STILL HAVE A ROLE TO PLAY IN TRADE MARK PROTECTION?](https://www.kisch-ip.com/Articles/Read/272/DOES-THE-ASA-STILL-HAVE-A-ROLE-TO-PLAY-IN-TRADE-MARK-PROTECTION): The credibility of the Advertising Standards Authority of South Africa (“the ASA”) as an effective mechanism for addressing trademark disputes has, in the recent past, been dealt a number of blows. Th...
[KISCH IP - THE BALLAD OF JOHN (LEMON) AND YOKO](https://www.kisch-ip.com/Articles/Read/237/THE-BALLAD-OF-JOHN-LEMON-AND-YOKO): If life were to hand you lemons, just for a minute, imagine what you would do. Some may reach for the tequila, whilst many would make lemonade. Well, a Polish beverage company, Mr Lemonade Alternati...
[KISCH IP - STAY APP-DATED](https://www.kisch-ip.com/Articles/Read/240/STAY-APPDATED): The Apple Store launched in July 2008 and made available to iOS users some 800 applications (“Apps”) to download. As of March 2017, this number had increased to 2.2 million. Surprisingly, the Apple St...
[KISCH IP - EMINEM](https://www.kisch-ip.com/Articles/Read/238/EMINEM): Most popular music followers will instantly recognise the pulsing background beat of Eminem’s Grammy and Academy Award winning track “Lose Yourself”. So popular was this beat that the New Zealand Nati...
[KISCH IP - CONSUMER BRANDS BEWARE – NAFDAC AND TRADE MARKS IN NIGERIA](https://www.kisch-ip.com/Articles/Read/234/CONSUMER-BRANDS-BEWARE--NAFDAC-AND-TRADE-MARKS-IN-NIGERIA): Nigeria is one of Africa’s most prosperous, and fastest growing, economies. In fact, despite experiencing a recession in 2016, the International Monetary Fund predicts that not only will Nigeria’s eco...
[KISCH IP - MONKEY SELFIES? COPYRIGHT? WHAT?](https://www.kisch-ip.com/Articles/Read/235/MONKEY-SELFIES-COPYRIGHT-WHAT): This is the kind of case that makes the lives of intellectual property attorneys really interesting.The case involves a freelance wildlife photographer, David Slater and the animal rights organisation...
[KISCH IP - THE IMPORTANCE OF TRADE MARK PROTECTION FOR THE CRAFT BEER COMMUNITY](https://www.kisch-ip.com/Articles/Read/249/THE-IMPORTANCE-OF-TRADE-MARK-PROTECTION-FOR-THE-CRAFT-BEER-COMMUNITY): A soliloquy in Shakespeare’s Romeo and Juliet[1] once posed a vitally important question which can be applied when weighing up the importance of a name and trade mark. This question was as follows:“Wh...
[KISCH IP - PATENT PUBLICATION TRENDS AND THE NEED FOR STRATEGIC INFORMATION](https://www.kisch-ip.com/Articles/Read/250/PATENT-PUBLICATION-TRENDS-AND-THE-NEED-FOR-STRATEGIC-INFORMATION): Fluctuations in patent activity can provide insight into trends which can have major implications for people and organisations who deal with Intellectual Property. These implications range from resear...
[KISCH IP - MY TRADE MARK IS REGISTERED IN AFRICA, NOW WHAT?](https://www.kisch-ip.com/Articles/Read/247/MY-TRADE-MARK-IS-REGISTERED-IN-AFRICA-NOW-WHAT): As a trade mark applicant you waited many years for your trade mark application to proceed to registration. What are you required to do, as a trade mark proprietor, to ensure that your trade mark reg...
[KISCH IP - PROTECTING TRADE SECRETS](https://www.kisch-ip.com/Articles/Read/245/PROTECTING-TRADE-SECRETS): Trade secrets are a form of intellectual property which can be broadly described as information which is known only by a particular business and is used by that business to obtain an advantage over it...
[KISCH IP - MUSIC, POLITICS AND THE LAW](https://www.kisch-ip.com/Articles/Read/244/MUSIC-POLITICS-AND-THE-LAW): In September 2014, Eight-Mile Style, the publisher of Eminem's “lose yourself” song filed legal proceedings against New Zealand’s National party, claiming copyright infringement of Eminem’s Grammy and...
[KISCH IP - PATENT LANDSCAPE REPORTING: A VALUABLE INSTRUMENT FOR EFFECTIVE BUSINESS PRACTICES](https://www.kisch-ip.com/Articles/Read/248/PATENT-LANDSCAPE-REPORTING-A-VALUABLE-INSTRUMENT-FOR-EFFECTIVE-BUSINESS-PRACTICES): As international and local markets are becoming increasingly interwoven, it is important to appreciate that any sector is more and more susceptible to disruptions resulting from local and foreign tech...
[KISCH IP - ANY CRAFT IN YOUR CRAFT BEER?](https://www.kisch-ip.com/Articles/Read/246/ANY-CRAFT-IN-YOUR-CRAFT-BEER): In almost all industries there are certification processes to ensure that goods and services are of a high quality. Certification marks are applied to products or services that have been successfully...
[KISCH IP - PROTECTING THE PRODUCT OF YOUR PATENTED PROCESS’ LABOUR – PRODUCT AND PROCESS CLAIMS IN SOUTH AFRICA](https://www.kisch-ip.com/Articles/Read/242/PROTECTING-THE-PRODUCT-OF-YOUR-PATENTED-PROCESS-LABOUR--PRODUCT-AND-PROCESS-CLAIMS-IN-SOUTH-AFRICA): South Africa, being blessed with an abundance in natural resources, naturally, sees its fair share of patent applications directed towards a process or apparatus for producing a product. In terms of...
[KISCH IP - WHO SAYS POP MUSIC IS DEAD?](https://www.kisch-ip.com/Articles/Read/258/WHO-SAYS-POP-MUSIC-IS-DEAD): Not only are Duran Duran, the synthpop sensation of the 1980’s, still around, but they were recently successful in an application to appeal against a judgment of the English High Court handed down in...
[KISCH IP - DESIGN YOUR LOGO](https://www.kisch-ip.com/Articles/Read/259/DESIGN-YOUR-LOGO): Registered trademarks have in the past often been considered the only way to protect icons, logos, graphic symbols, surface patterns and ornamentation which we will collectively call logos. However, l...
[KISCH IP - PATENTING MICRO-ORGANISMS: TO DEPOSIT OR NOT TO DEPOSIT](https://www.kisch-ip.com/Articles/Read/243/PATENTING-MICROORGANISMS-TO-DEPOSIT-OR-NOT-TO-DEPOSIT): Micro-organisms, although the subject matter of patent applications from as early as 1873 internationally, are fast becoming a focus area in South African local patent practice. The reason for this is...
[KISCH IP - KISCH IP ACKNOWLEDGED AND RECOMMENDED BY LEGAL 500](https://www.kisch-ip.com/Articles/Read/251/KISCH-IP-ACKNOWLEDGED-AND-RECOMMENDED-BY-LEGAL-500): Johannesburg, June 2017. KISCH IP is proud to have featured strongly in Legal 500’s recent “The Legal 500 Europe, Middle East & Africa” rankings for 2017 with the firm being recommended as well as...
[KISCH IP - WHAT'S RIGHT WITH THE NEW COPYRIGHT AMENDMENT BILL?](https://www.kisch-ip.com/Articles/Read/257/WHATS-RIGHT-WITH-THE-NEW-COPYRIGHT-AMENDMENT-BILL): Well, not much…but, a lot more this time around.The Copyright Amendment Bill was first published in 2015 for public comment, and was predominantly met with a large amount of criticism. Whilst it was c...
[KISCH IP - A NEW CRAFT BEER](https://www.kisch-ip.com/Articles/Read/252/A-NEW-CRAFT-BEER): CONGRATULATIONS you have manufactured a new craft beer and people love it! You have an interesting name and a creative logo that you apply to your craft beer…but is your brand protected?As an example,...
[KISCH IP - WHEN DO I REGISTER A TRADE MARK – A SUPERHERO APPROACH](https://www.kisch-ip.com/Articles/Read/255/WHEN-DO-I-REGISTER-A-TRADE-MARK--A-SUPERHERO-APPROACH): With the release of the much-anticipated live action superhero movie starring Gal Gadot, Wonder Woman is in the limelight as never before. DC's iconic heroine has never been difficult to find in comic...
[KISCH IP - WINE LABELLING IN SOUTH AFRICA](https://www.kisch-ip.com/Articles/Read/256/WINE-LABELLING-IN-SOUTH-AFRICA): The relevant Act that governs and regulates labelling of wine products is the Liquor Products Act 60 of 1989 (“the LPA”). The LPA has specific regulations as well as a labelling guide that prescribes...
[KISCH IP - IS PARALLEL IMPORTATION LAWFUL IN SOUTH AFRICA?](https://www.kisch-ip.com/Articles/Read/254/IS-PARALLEL-IMPORTATION-LAWFUL-IN-SOUTH-AFRICA): What constitutes parallel imports or grey goods?A parallel import (also referred to as “grey goods”) is a genuine product which is imported from another country without the consent of the Intellectual...
[KISCH IP - BIOPIRACY: A BIOPSY OF THE ADMINISTRATIVE DILEMMA INVOLVED IN ENSURING SOUND PATENT PRACTICE](https://www.kisch-ip.com/Articles/Read/265/BIOPIRACY-A-BIOPSY-OF-THE-ADMINISTRATIVE-DILEMMA-INVOLVED-IN-ENSURING-SOUND-PATENT-PRACTICE): The term “biopiracy” was coined to refer to the appropriation of plants and traditional knowledge by corporations and other entities for their own financial gain.With recent legislation coming to the...
[KISCH IP - WHAT’S UP BREW!](https://www.kisch-ip.com/Articles/Read/268/WHATS-UP-BREW): Over the last few years an uprising of the craft beer industry and microbreweries has squeezed business away from traditional brewers on a worldwide scale. With this upward surge in a shift in beer d...
[KISCH IP - YOU’RE STARTING A BUSINESS, NOW WHAT?](https://www.kisch-ip.com/Articles/Read/267/YOURE-STARTING-A-BUSINESS-NOW-WHAT): Starting a business can be a daunting task if you do not know where to begin. Your brilliant idea is merely the beginning of your journey to becoming an entrepreneur. There are a number of administrat...
[KISCH IP - MADRID PROTOCOL: PROGRESS IN ZIMBABWE](https://www.kisch-ip.com/Articles/Read/266/MADRID-PROTOCOL-PROGRESS-IN-ZIMBABWE): While the Madrid system in Africa may not function as effectively as it does in other parts of the world, there is certainly progress being made on implementing laws and streamlining procedures in som...
[KISCH IP - NEW SUBSTANTIVE EXAMINATION REQUIREMENT IN ARIPO](https://www.kisch-ip.com/Articles/Read/264/NEW-SUBSTANTIVE-EXAMINATION-REQUIREMENT-IN-ARIPO): African Regional Intellectual Property Organization (“ARIPO”) provides a useful regional system to obtain patent protection in African countries which are contracting states of ARIPO. ARIPO is empower...
[KISCH IP - JUMPING ON THE TRADE MARK BANDWAGON](https://www.kisch-ip.com/Articles/Read/261/JUMPING-ON-THE-TRADE-MARK-BANDWAGON): It is safe to say that by this stage almost everyone in the world knows the name “Trump” and that the US President Donald Trump’s eldest daughter’s name is Ivanka.
It was recently reported in the Trad...
[KISCH IP - UNDERSTANDING THE RISKS INVOLVED IN FUNDING LITIGATION](https://www.kisch-ip.com/Articles/Read/276/UNDERSTANDING-THE-RISKS-INVOLVED-IN-FUNDING-LITIGATION): Most directors and shareholders of companies are aware that they may be held liable in their personal capacities for actions contravening the Companies Act. There is, however, little awareness of the...
[KISCH IP - POSSIBLE FINES AND IMPRISONMENT AGAINST BANKS FOR CARTEL BEHAVIOUR](https://www.kisch-ip.com/Articles/Read/263/POSSIBLE-FINES-AND-IMPRISONMENT-AGAINST-BANKS-FOR-CARTEL-BEHAVIOUR): The recent investigations into the construction and banking industry regarding collusion and cartel behaviour, has highlighted the consequences thereof in terms of the Competition Act. As of 1 May 201...
[KISCH IP - HOW AND WHEN DOES A TRADE MARK BECOME GENERIC?](https://www.kisch-ip.com/Articles/Read/260/HOW-AND-WHEN-DOES-A-TRADE-MARK-BECOME-GENERIC): WHAT IS A GENERIC TRADE MARK?Most people have heard of a generic term or a generic medicine but what is a generic trade mark? Over the years certain trade marks such as ASPIRIN, ESCALATOR, CELLOPHANE,...
[KISCH IP - THE ASA IS HERE TO STAY… AND BAT FEELS THE EFFECT OF ITS POWER](https://www.kisch-ip.com/Articles/Read/262/THE-ASA-IS-HERE-TO-STAY-AND-BAT-FEELS-THE-EFFECT-OF-ITS-POWER): There have been many reports about the future of Advertising Standards Authority (“ASA”) in the recent months but it appears that the ASA is alive and kicking, with no hint of it going anywhere. If an...
[KISCH IP - THE PERPETUAL PROBLEM](https://www.kisch-ip.com/Articles/Read/277/THE-PERPETUAL-PROBLEM): So, you think you’ve solved the energy crisis with an invention that is novel, inventive and industrially applicable? Clearly the invention should be patentable to satisfy the requirements of section...
[KISCH IP - ONE FLEW OVER THE CUCKOO’S NEST](https://www.kisch-ip.com/Articles/Read/274/ONE-FLEW-OVER-THE-CUCKOOS-NEST): On 1 April 2016, the Supreme Court of Appeal (SCA) upheld an appeal by Merial, Merial Limited and Merial South Africa (Pty) Ltd (Merial), against Cipla Vet (Pty) Ltd (Cipla). The SCA found that Merial...
[KISCH IP - CAT VS DEADMAUS??](https://www.kisch-ip.com/Articles/Read/275/CAT-VS-DEADMAUS): Fans of electro house music will be familiar with the artist who goes by the name of “DJ Deadmau5” (which is apparently pronounced “dead mouse”). He’s a huge hit in the industry.A few years ago DJ Dea...
[KISCH IP - PATENTING DNA – DISCOVERY OR INVENTION?](https://www.kisch-ip.com/Articles/Read/273/PATENTING-DNA--DISCOVERY-OR-INVENTION): In grappling with the question as to whether DNA is a patentable invention or a mere discovery, scientists and patent lawyers have been at loggerheads for years. The South African Patents Act states t...
[KISCH IP - CAN YOU RELY ON A SURETYSHIP DURING BUSINESS RESCUE?](https://www.kisch-ip.com/Articles/Read/271/CAN-YOU-RELY-ON-A-SURETYSHIP-DURING-BUSINESS-RESCUE): The recent decision by Stuttafords International Fashion Company (Pty) Ltd to commence business rescue proceedings has highlighted the impact of business rescue and the risks associated with a debtor...
[KISCH IP - MEDICAL TECHNOLOGY: SETTING THE PACE IN INNOVATION](https://www.kisch-ip.com/Articles/Read/194/MEDICAL-TECHNOLOGY-SETTING-THE-PACE-IN-INNOVATION): In 1962, when Nelson Mandela was imprisoned, Telstar launched the first communications satellite, and General Electric introduced the world to the single LED. The first personal computer was developed...
[KISCH IP - WHAT HAPPENS TO A TRADEMARK WHEN THE OWNER DIES](https://www.kisch-ip.com/Articles/Read/285/WHAT-HAPPENS-TO-A-TRADEMARK-WHEN-THE-OWNER-DIES): Sometimes individuals elect to file trademarks in their own names as opposed to in the name of a company. If that is the case, it is important to stress that such an asset must, like immovable or mova...
[KISCH IP - SOME RIGHTS OF FRANCHISEES AND WHAT THEY MEAN FOR FRANCHISORS](https://www.kisch-ip.com/Articles/Read/269/SOME-RIGHTS-OF-FRANCHISEES-AND-WHAT-THEY-MEAN-FOR-FRANCHISORS): Franchises rely heavily on the strength of brands for their success and it is therefore not surprising that franchisors typically prefer to control their franchises quite tightly, as any blunder by ev...
[KISCH IP - HOW TO PLAY THE GAME OF SOCIAL MEDIA BRAND DODGE BALL?](https://www.kisch-ip.com/Articles/Read/270/HOW-TO-PLAY-THE-GAME-OF-SOCIAL-MEDIA-BRAND-DODGE-BALL): It’s a familiar scene, two players enter the arena. One armed with a red ball, the other seemingly defenceless. But unlike a normal game of dodge ball, more players quickly enter the ring, each with a...
[KISCH IP - CORPORATE VISION UNVEILS THE 2016 BUSINESSWOMEN AWARDS WINNERS](https://www.kisch-ip.com/Articles/Read/284/CORPORATE-VISION-UNVEILS-THE-2016-BUSINESSWOMEN-AWARDS-WINNERS): United Kingdom, 2016- Corporate Vision Magazine has announced the winners of the 2016 Businesswomen Awards.Women represent around half of the global workforce and are a key contributor to the corporat...
[KISCH IP - BLURRED LINES BETWEEN COPYRIGHT AND CREATIVITY](https://www.kisch-ip.com/Articles/Read/283/BLURRED-LINES-BETWEEN-COPYRIGHT-AND-CREATIVITY): The outcome of the judgement in the matter involving Robin Thicke, Pharell Williams and Marvin Gayes’ estate has been widely criticised by many members of the music industry- and steps are now being t...
[KISCH IP - PROPHYLACTIC LAW VS. PROPHYLACTIC MEDICINE: ARE THEY REALLY IN CONFLICT?](https://www.kisch-ip.com/Articles/Read/286/PROPHYLACTIC-LAW-VS-PROPHYLACTIC-MEDICINE-ARE-THEY-REALLY-IN-CONFLICT): “For Africa to move forward, you really got to get rid of malaria” – Bill GatesThe words PROPHYLAXIS and PROPHYLACTIC are derived from the 16th century French word “prophylactique”, from the Greek “pr...
[KISCH IP - YUPPIECHEF COOKS IN COURT](https://www.kisch-ip.com/Articles/Read/281/YUPPIECHEF-COOKS-IN-COURT): A cook-off is a social event in which competitors, in a friendly manner, create their own recipes and produce dishes which are judged by a panel of impartial third parties. On 1 September 2016 Yuppiec...
[KISCH IP - CLOUD USERS: WATCH OUT FOR THE STORM](https://www.kisch-ip.com/Articles/Read/282/CLOUD-USERS-WATCH-OUT-FOR-THE-STORM): Risks, precautions and compliance for cloud usersThe recent dissemination of 68 million Dropbox user account’s details has highlighted the inherent risks in the use of cloud servers. A cloud is an onl...
[KISCH IP - TRADE MARK AND COPYRIGHT ISSUES TATTOOED ON YOUR SKIN?](https://www.kisch-ip.com/Articles/Read/278/TRADE-MARK-AND-COPYRIGHT-ISSUES-TATTOOED-ON-YOUR-SKIN): There are many reasons why people get tattoos. The most common reasons being memories, reinforcement of identities, reminders of important events, facts or values; or simply, for the love of art. Whil...
[KISCH IP - SPRING CLEANING YOUR TRADE MARK HOUSE](https://www.kisch-ip.com/Articles/Read/279/SPRING-CLEANING-YOUR-TRADE-MARK-HOUSE): Spring is famously known for freshness, rebirth and revitalisation. At this time of the year, most households are cleaned in an unusually thorough way. It’s not that nobody bothers to clean their hous...
[KISCH IP - BRICS COUNTRIES INTERACTION WITH TRIPS FLEXIBILITIES](https://www.kisch-ip.com/Articles/Read/280/BRICS-COUNTRIES-INTERACTION-WITH-TRIPS-FLEXIBILITIES): TRIPS flexibilities allow countries to tailor their patent processes to suit specific needs, while still allowing substantive conformation with international treaty commitments. The following flexibil...
[KISCH IP - MICRO BREWERIES NEED TO GET CRAFTY ABOUT INTELLECTUAL PROPERTY](https://www.kisch-ip.com/Articles/Read/290/MICRO-BREWERIES-NEED-TO-GET-CRAFTY-ABOUT-INTELLECTUAL-PROPERTY): The craft beer scene in South Africa has exploded in recent times, with new exciting breweries and beers being made available to consumers almost daily. The entire beer market appears to have been rei...
[KISCH IP - POKÉMON: GO CATCH ‘EM ALL](https://www.kisch-ip.com/Articles/Read/291/POKEMON-GO-CATCH-EM-ALL): But Don’t Place Your Data Privacy and Personal Information at RiskThe new craze, Pokémon Go, is a mobile App that makes use of augmented reality to catch virtual creatures in the real-world space. Whi...
[KISCH IP - PLAYING THE TRUMP CARD](https://www.kisch-ip.com/Articles/Read/295/PLAYING-THE-TRUMP-CARD): Donald Trump is, to put is lightly, a controversial figure, known for his extreme right wing political views and far from subtle criticism of, and disdain for, various minority groups. Well, Donald ha...
[KISCH IP - CAN YOU HAVE YOUR CAKE AND EAT IT?](https://www.kisch-ip.com/Articles/Read/292/CAN-YOU-HAVE-YOUR-CAKE-AND-EAT-IT): In the age of the Internet and digital media it is possible to find information on absolutely any topic, at the click of a mouse. If you want to cook something, gone are the days when you had to haul...
[KISCH IP - UNDERSTANDING THE IMPORTANCE OF TRADE MARKS](https://www.kisch-ip.com/Articles/Read/287/UNDERSTANDING-THE-IMPORTANCE-OF-TRADE-MARKS): Trade marks are a company’s most valuable asset. A trade mark is any mark, word(s), sign, device or logo that distinguishes one person’s goods and/or services from that of other traders. As time passe...
[KISCH IP - “UTILITARIAN” PURPOSE AND SECTION 15(3A): BEAUTY LIES IN THE EYE OF THE BEHOLDER](https://www.kisch-ip.com/Articles/Read/294/UTILITARIAN-PURPOSE-AND-SECTION-153A-BEAUTY-LIES-IN-THE-EYE-OF-THE-BEHOLDER): Like a butterfly flapping its wings on the other side of the world, a single judgment often has far reaching implications on our interpretation and application of the law. The legal fraternity often...
[KISCH IP - TRADE MARKS IN BOTSWANA: USE IT OR LOSE IT](https://www.kisch-ip.com/Articles/Read/293/TRADE-MARKS-IN-BOTSWANA-USE-IT-OR-LOSE-IT): In almost all African territories, where a registered trade mark is not used for a certain period of time, it may be vulnerable to be cancelled and removed from the Trade Marks Register, allowing othe...
[KISCH IP - THE AMBIT OF THE OMNIBUS](https://www.kisch-ip.com/Articles/Read/288/THE-AMBIT-OF-THE-OMNIBUS): A review of omnibus claims in South African Patent Law is warranted, in particular, in light of recent Australian case law dealing with omnibus claims (Reckitt Benckiser vs. GlaxoSmithKline {2015} FCA...
[KISCH IP - DIVIDE AND CONQUER](https://www.kisch-ip.com/Articles/Read/289/DIVIDE-AND-CONQUER): A patent strategy is vitally important to any business and a balance needs to be found between being cost effective and obtaining the most protection possible. It is often advantageous to file a provi...
[KISCH IP - A NEW SPECIES BEING POACHED](https://www.kisch-ip.com/Articles/Read/303/A-NEW-SPECIES-BEING-POACHED): Several highly valuable species are currently being poached, raided or abused, causing major concern to wildlife industries. Numerous anti-poaching strategies are being implemented, but it appears tha...
[KISCH IP - THE MENU IS NOT THE MEAL](https://www.kisch-ip.com/Articles/Read/301/THE-MENU-IS-NOT-THE-MEAL): By Louw Steyn and Jaco TheunissenOf recent, KISCH IP has tasted tremendous success in the Supreme Court of Appeal. In one such an instance, the court found that an order amending the incorrect descrip...
[KISCH IP - GET ALL YOUR WINTER ESSENTIALS: ONLINE SHOPPING](https://www.kisch-ip.com/Articles/Read/300/GET-ALL-YOUR-WINTER-ESSENTIALS-ONLINE-SHOPPING): Your rights when shopping onlineWinter has arrived in South Africa and it is time to brace its chill by stocking up on your winter essentials. Increasingly consumers are preferring to shop online, how...
[KISCH IP - PLEASE CALL (ME) US](https://www.kisch-ip.com/Articles/Read/302/PLEASE-CALL-ME-US): Intellectual Property (IP) rights are potentially very valuable and need to be treated accordingly. This is illustrated in the recent legal battle between Vodacom and Mr Kenneth N Makate which has esc...
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## OurExperts
[KISCH IP - André du Plessis](https://www.kisch-ip.com/OurExperts/Directors/AndreDuPlessis):
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[KISCH IP - Hashiem Logday](https://www.kisch-ip.com/OurExperts/SeniorAssociates/HashiemLogday):
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[KISCH IP - Shaawn Phooko](https://www.kisch-ip.com/OurExperts/SeniorAssociates/ShaawnPhooko):
[KISCH IP - Makhosazana Mkhwanazi](https://www.kisch-ip.com/OurExperts/Associates/MakhosazanaMkhwanazi):
[KISCH IP - Sarah Suleman](https://www.kisch-ip.com/OurExperts/Associates/SarahSuleman):
[KISCH IP - Laiya Mahomed](https://www.kisch-ip.com/OurExperts/Associates/LaiyaMahomed):
[KISCH IP - Dr. Diseko Boikanyo](https://www.kisch-ip.com/OurExperts/CandidateAttorneys/DisekoBoikanyo):
[KISCH IP - Dr. Ella Cebisa Linganiso-Dziike](https://www.kisch-ip.com/OurExperts/CandidateAttorneys/EllaCebisaLinganiso-Dziike):
[KISCH IP - Lindiwe Mabesa](https://www.kisch-ip.com/OurExperts/CandidateAttorneys/LindiweMabesa):
[KISCH IP - Johan Engelbrecht](https://www.kisch-ip.com/OurExperts/Managers/JohanEngelbrecht):
[KISCH IP - Lorna Attwell](https://www.kisch-ip.com/OurExperts/Managers/LornaAttwell):
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## Videos
[Videos](https://www.kisch-ip.com/Videos):
[KISCH IP - WHO OWNS MY TATTOO?](https://www.kisch-ip.com/Videos/Watch/5/WHO%20OWNS%20MY%20TATTOO):
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[KISCH IP - BRAND BANS DON’T CHANGE BEHAVIOUR BUT DO DESTROY JOBS, ASSETS](https://www.kisch-ip.com/Videos/Watch/4/BRAND%20BANS%20DON’T%20CHANGE%20BEHAVIOUR%20BUT%20DO%20DESTROY%20JOBS,%20ASSETS):
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## Environmental social responsibilities
[KISCH IP - 2023-2024 Charity Drive: Supporting the oThongathi (Tongaat) Community](https://www.kisch-ip.com/environmental-social-responsibilities/read/3/20232024-Charity-Drive-Supporting-the-oThongathi-Tongaat-Community): This past year, we launched a company-wide charity drive, encouraging...
[KISCH IP - Mandela Day 2024: Supporting Community Development](https://www.kisch-ip.com/environmental-social-responsibilities/read/5/Mandela-Day-2024-Supporting-Community-Development): For Mandela Day 2024, we had the honor of visiting...
[KISCH IP - Women’s Day 2024 – Celebrating Women’s Month and National Women’s Day](https://www.kisch-ip.com/environmental-social-responsibilities/read/4/Womens-Day-2024--Celebrating-Womens-Month-and-National-Womens-Day): This year, in honor of Women's Month, we embarked on...
[KISCH IP - Mandela Day 2023: A Day of Giving Back](https://www.kisch-ip.com/environmental-social-responsibilities/read/7/Mandela-Day-2023-A-Day-of-Giving-Back): This year, for Mandela Day 2023, we had the privilege...
[KISCH IP - Ficksburg Project](https://www.kisch-ip.com/environmental-social-responsibilities/read/11/Ficksburg-Project): KISCH IP is proud to assist the Missio Deo School...
[KISCH IP - Rhodes](https://www.kisch-ip.com/environmental-social-responsibilities/read/1/Rhodes): The Rhodes 52km Trail Run was founded amongst others by...
[KISCH IP - Hartebeespoort Animal Welfare Society](https://www.kisch-ip.com/environmental-social-responsibilities/read/9/Hartebeespoort-Animal-Welfare-Society): KISCH IP set out to raise funds to help the...
[KISCH IP - Skills transfer](https://www.kisch-ip.com/environmental-social-responsibilities/read/10/Skills-transfer): In order to continually improve the quality of our services,...
[KISCH IP - Mandela Day 2022](https://www.kisch-ip.com/environmental-social-responsibilities/read/8/Mandela-Day-2022): For Mandela Day this year, we stayed true to the...
[KISCH IP - Celebrating Women’s Day 2023: Empowerment and Sustainability](https://www.kisch-ip.com/environmental-social-responsibilities/read/6/Celebrating-Womens-Day-2023-Empowerment-and-Sustainability): For Women’s Day 2023, we had the privilege of hosting...
[KISCH IP - Take a Girl Child to Work Day](https://www.kisch-ip.com/environmental-social-responsibilities/read/2/Take-a-Girl-Child-to-Work-Day): KISCH IP hosted its first ever Take a Girl Child...
## Vaccine Technology
[KISCH IP - Technology Landscape](https://www.kisch-ip.com/Vaccine-Technology):
## Key Sales Of Company
[KISCH IP - Technology Landscape](https://www.kisch-ip.com/Key-Sales-Of-Company):
## Tyre Technology
[KISCH IP - Technology Landscape](https://www.kisch-ip.com/Tyre-Technology):