Intellectual Property
Intellectual property refers to creations of the mind that are legally protected through patents, trademarks, copyrights, trade secrets and related rights. These intangible assets enable creators and innovators to control and benefit from their inventions, artistic works, designs, symbols and confidential business information. The intellectual property system grants exclusive rights for a limited period, allowing rights holders to prevent unauthorised use whilst encouraging innovation and creative expression by providing economic incentives. Patents protect technical inventions and processes, trademarks safeguard brand identities, copyrights cover literary and artistic works, and trade secrets preserve confidential commercial information. Intellectual property plays a central role in knowledge-based economies, underpinning sectors such as pharmaceuticals, technology, entertainment, manufacturing and agriculture. Companies and research institutions rely on intellectual property portfolios to secure competitive advantage, attract investment and generate licensing revenue. The administration and enforcement of intellectual property rights are managed by national offices such as the Companies and Intellectual Property Commission in South Africa and regional bodies including the European Patent Office. International frameworks, notably the World Intellectual Property Organization treaties and the Agreement on Trade-Related Aspects of Intellectual Property Rights, harmonise standards and facilitate cross-border protection. Disputes over intellectual property can involve infringement litigation, licensing negotiations and valuation challenges. The balance between protecting rights holders and ensuring public access to knowledge remains a subject of policy debate, particularly in areas such as access to medicines, technology transfer and traditional knowledge. Intellectual property law continues to evolve in response to digital technologies, artificial intelligence and globalisation.
Intellectual Property Updates
(A)I rest my case: AI and the future of online dispute resolution
7th July 2026 If there is one thing organisations know well, it is that disputes are expensive. The expense extends beyond legal fees, to management time,... →
Ex parte President of the Republic of South Africa: In re Constitutionality of the Copyright Amendment Bill and the Performers' Protection Amendment Bill (CCT 306/24) [2026] ZACC 26
26th June 2026 Click here to read the full judgment on Saflii [1] On 10 October 2024, the President of the Republic of South Africa launched an... →
Elections, expression, and intellectual property: Navigating South Africa's 2026 electoral landscape
18th June 2026 As South Africa heads to the 2026 municipal polls, political parties and brands face a crowded battlefield where names, logos, slogans and campaign... →
AI, intellectual property and governance: Why the real conversation belongs in the boardroom
28th May 2026 Artificial intelligence (AI) is no longer something financial institutions are preparing for. It is already embedded in how decisions are made, how... →
Protecting what you build: A practical guide to intellectual property and trademarks
5th May 2026 In an increasingly digital and brand-driven economy, value is no longer confined to physical assets. Ideas, identity, reputation, and innovation... →
Domain name disputes unpacked
27th March 2026 In the digital economy, a domain name is often the first point of contact between a business and its customers. For brand owners, protecting... →
A new Trade Mark Act for Zambia
23rd February 2026 The Zambian Trade Marks Bill 2023 signed on 31 December 2025 has repealed the Trade Marks Act of 1958 (“the 1958 Act”), introducing the Zambian... →
What’s in a name – Trade marks and Brooklyn Beckham
23rd February 2026 Brooklyn Beckham, son to British born Victoria and Sir David has voiced his grievances with his family on social media, bringing his family’s... →
Rethinking Disclosure: The Effects of G1/23 on Prior Art in a South African Context
26th January 2026 The Information that is made publicly available before a patent’s priority date forms part of the prior art. In July, the Enlarged Board of Appeal... →
How Free is Mickey Mouse? Disney Draws the Line on Mickey Jewellery
19th November 2025 Mickey Mouse is making headlines, and this time, it’s not for his on-screen antics. Instead, the iconic mouse has stepped off the screen and into... →
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