D M KISCH INCORPORATED
Lawyer in Sandton

KISCH IP is known for the specialist capabilities and expertise of our 18 skilled partners and more than 110 dedicated support staff, for our capacity across Africa, and for our superb global representation via a network of trusted agents. Our intellectual property offering is complemented by a full range of commercial services. Patents apply across a range of fields and require specialist knowledge. KISCH IP has the extensive legal expertise and industry experience to assist clients with patent applications, renewals, patent infringement and related litigation. Our expertise ranges from procedures including registering, renewing and cancelling trade marks, to more contentious aspects such as trade mark opposition proceedings; expungement proceedings and trade mark infringement matters. There are various steps to ensure that designs, both aesthetic and functional, are protected. These steps include investigating the registrability of a design, submitting a design application, renewing licences and litigating where necessary. We assist clients with brand registrations at the Department of Customs and Excise, as well as criminal and civil litigation related to the importing of counterfeit goods. To increase the detection of counterfeit goods, KISCH IP raises awareness among those involved in the anti-counterfeiting industry through active training on the identification of such goods. KISCH IP’s Commercial Department has an in-depth understanding of the business and economic environment in which our clients operate. We service clients from a range of different industries, such as cosmetics, food, fast-moving consumer goods, information and communication technology, heavy engineering, electronics, health, pharmaceutical, agriculture and mining. We advise local and international clients on South African competition law and its effect on business transactions, mergers, acquisitions, joint ventures, licensing arrangements and distribution practices. We also advise our clients on the restrictive practices and provisions pertaining to the abuse of dominance, as addressed by the Competition Act. We focus on related litigation matters surrounding the Plant Breeders’ Rights Act, the Plant Improvement Act, the Genetically Modified Organisms Act and the Agricultural Pests Act. An audit of a company’s trade mark portfolio and intellectual property allows that company to assess its true value. This is commonly done for the purpose of mergers and acquisitions and/or for related negotiation and tax purposes. These structures offer numerous benefits for franchisor and franchisee. However, if incorrectly approached, franchises can create financial loss and setbacks for both parties. It should adequately address all aspects of the franchise relationship, while maintaining the integrity and fairness of a successful alliance. The Internet, including eCommerce, is a constantly and rapidly developing field. Legal compliance is also required in terms of the Electronic Communications and Transactions Act. KISCH IP is able to guide clients through these issues and provide expert advice on tailor-made solutions. The Advertising Standards Authority of South Africa (ASA) is an independent body that regulates advertising in the public interest through a system of self-regulation. The ASA collaborates with government, statutory bodies, consumer organisations and the advertising industry to ensure that content satisfies the requirements of the Code of Advertising Practice. Intellectual property (IP) litigation spans a wide range of areas such as infringement of trade marks, patent prosecution and infringement, counterfeiting, unlawful competition, passing off, and so on.