Commercial IP

Commercialisation holds the key to unlocking the maximum potential value of intellectual property (IP) assets. Achieving the right leverage for such assets in challenging jurisdictions such as Africa is achievable through working with our team of patent, design, trade mark and copyright specialists. Our understanding of the technical issues across all industry sectors in Africa means that our advice is robust and practical when it comes to the commercial aspects of intellectual property (IP). Our experienced team understands the technical intricacies needed when negotiating the intellectual property (IP) facets of commercial transactions and giving general IP-related advice. Likewise, our local market knowledge and experience means that we structure our advice to account for the many anomalies of the African market.

Our commercial IP services include:

Copyright

  • Copyright subsistence and ownership
  • Sale (assignment) of copyright agreements
  • Exchange control requirements and approval
  • Anti-competitive / anti-trust behaviour
  • Non-disclosure and non-circumvention agreements

Trade marks

  • Licensing of trade marks / brands
  • Sale (assignment) of trade marks / brands
  • Advice on exchange control requirements and applications for exchange control approval
  • Distribution agreements
  • Anti-competitive / anti-trust behaviour
  • Promotional competitions
  • Non-disclosure and non-circumvention agreements
  • Parallel importation / grey goods
  • Valuation of trade marks and determination of appropriate licensing royalties

Technology Transfer, Technology Pooling and Cross Licensing

  • Ensuring freedom to conduct business in a technology field without infringing on third party rights
  • Assessing the validity of IP contributed to a joint venture
  • Structuring and implementing technology-pooling arrangements
  • Structuring and implementing technology licence and cross-licence arrangements

Intra-Group Licensing and Exchange Control Regulations

  • Determining appropriate royalty rates between related companies
  • Preparing and submitting applications for exchange control approval that may be required before implementing an IP transaction.

IP portfolio management

  • IP and technology audits
  • IP policies and management guidelines
  • Advice on IP risks and gaps in protection
  • Participation on IP steering committees to guide businesses in deriving optimal benefit from their IP

IP Due Diligence

  • IP audits
  • Advice regarding the status and validity of IP rights, the scope of protection afforded by the rights and the value of the rights in the context of the proprietor’s business.

Public-Private Technology Development

  • Drafting technology development agreements between private companies and universities/science councils
  • Preparation and submission of applications to the National Intellectual Management Office (NIPMO) for approval required for various IP transactions or development terms

Development, Production, Supply and Distribution of Hi-Tech Products

  • Technology development agreements, either through collaborative effort or as a supply of Services
  • Manufacturing, licence, supply and distribution agreements
  • Software development, licence and reseller agreements
  • Open source licensing

Sport & Entertainment Law

  • Sport - sponsorship and endorsement agreements
  • Film Rights
    - Option agreements
    - Chain of title
    - Scriptwriting agreements
    - Clearances for personal appearance
    - Life story permission agreements
  • Music
    - Publishing, licensing & distribution agreements
    - Artist’s appearance agreements
    - Backing musician agreements
    - Mechanical reproduction, broadcast & public performance agreements

Book publishing agreements (hard copy and electronic formats)

  • Co-author agreements
  • Publishing & distribution agreements
  • Litigation

Privacy

  • Privacy on the Internet & social media
  • Defamation
  • Databases & personal information
  • Online Marketing

Franchising

  • Franchise agreements
  • Disclosure documents

Software agreements (for authors, vendors and end-users)

  • Software development & licensing agreements
  • Privacy notices
  • Terms of use of websites

South Africa’s Consumer Protection Act and its implications in respect of:

  • Consumer rights
  • Labelling
  • Marketing
  • Promotional competitions

contact us for further information.

The Team

Dina Biagio

Pretoria, South Africa

Partner

d.biagio@spoor.com

+ 27 12 676 1112

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Duncan Maguire

Jersey, Channel Islands

Director

d.maguire@spoor.co.uk

+ 44 1534 838 089

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John McKnight

Johannesburg, South Africa

Partner

j.mcknight@spoor.com

+ 27 11 994 5102

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Wayne Meiring

Jersey, Channel Islands

Director

w.meiring@spoor.co.uk

+ 44 1534 838 042

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Hugh Melamdowitz

Pretoria, South Africa

Partner

h.melamdowitz@spoor.com

+ 27 12 676 1222

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Danie Pienaar

Pretoria, South Africa

Partner

d.pienaar@spoor.com

+ 27 12 676 1014

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Tshepo Shabangu

Pretoria, South Africa

Partner

t.shabangu@spoor.com

+ 27 12 676 1126

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Marco van der Merwe

Pretoria, South Africa

Partner

m.vdmerwe@spoor.com

+ 27 12 676 1218

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Herman van Schalkwyk

Pretoria, South Africa

Partner

h.vanschalkwyk@spoor.com

+ 27 12 676 1113

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Eben van Wyk

Cape Town, South Africa

Partner

e.vanwyk@spoor.com

+ 27 21 673 4439

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John Foster

Cape Town, South Africa

Senior Associate

j.foster@spoor.com

+ 27 21 673 4441

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Jeremy Speres

Cape Town, South Africa

Senior Associate

j.speres@spoor.com

+ 27 21 673 4401

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