Name of Service: Legal Assistance
As one of South Africa’s leading intellectual property law specialists, DM Kisch offers a combination of skills, commitment and experience in the protection and management of intellectual property, from creation, protection and commercialisation to litigation.
Established in 1874, DM Kisch has a long and distinguished history in intellectual property law, with the experience and understanding of the complex and diverse needs of business and society at large to deliver effective solutions to clients.
DM Kisch, with offices in Johannesburg and Pretoria and an international network of intellectual property management specialists, offers a focussed and dynamic team with specialised capabilities and expertise to deliver the best solution for clients.
- Requirements for subsistence of copyright – Slogans and sounds, names, computer generated symbols, software, distinctive packaging, person’s identity, image, artistic and musical works
- Registration of copyrights in cinematographic films
- Assignment of copyright – Author of a copyrighted work is the first owner in most instances and has the right to assign copyright in the work to another person
- Licensing – Copyright license undertaking by the copyright owner not to sue the party, which holds the license
Copyright is infringed when there is unauthorised copying, reproduction or adaptation of a substantial portion of a copyrighted work.
At DM Kisch, we conduct all intellectual property litigation on behalf of clients, including all patent, trade mark and copyright litigation, anti-counterfeit litigation, litigation relating to intellectual property licences, unlawful competition and passing-off. We also act for clients in laying or defending Advertising Standards Authority (ASA) complaints.
Intellectual property, such as patents, designs, trade marks, copyright, trade secrets and know-how, can be licenced to third parties (licensees) in return for some sort of remuneration.
Ownership of the rights are retained by the licensor. An owner authorises the licensee to use or apply the rights in terms of a licence contract.
DM Kisch Inc can assist with the negotiation and drafting of licence contracts, together with our commercial department, advising on deal and tax structuring.
At all times, trade marks should be protected in the manner in which they are used. Logos are also protected under copyright and it is essential to ensure you are the owner of the copyright. The commissioning party will not automatically hold copyright created by third parties.
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Offices in Pretoria and Johannesburg with an national and international applicabilities.