Provided by Werksmans Attorneys
The Werksmans Intellectual Property (IP) IP team acts for multinationals, large local companies, international sports enterprises and individuals.
The team often work across borders. We have both a dedicated South African IP practice and a foreign practice.
The team is skilled in assessing the size, content and value of clients’ IP portfolios, following up with strategic development guidelines and portfolio management. Where clients’ IP rights are threatened, our lawyers conduct litigation, be it in the form of interdicts, injunctions or claims for damages. Team members are also experienced in conducting domain name dispute proceedings.
They also expertly negotiate and prepare agreements on the IP aspects of commercial transactions, such as those involving licensees and franchisees.
Our expansive list of services includes the registration of IP rights both locally and internationally; the purchase, transfer and licensing of all IP rights (including copyrights, trade marks and patents); and IP strategic planning and portfolio management. We also assist with restraints of trade; e-commerce and IT law; litigation and dispute resolution in relation to a diversity of IP issues; and due diligence investigations. Other services include franchising; domain name protection, administration and disputes; anti-counterfeiting advice and actions; licensing and technology transfers; and matters relating to lotteries and gaming through media advertising.
Werksmans has an established practice valued for its long-standing expertise in a range of IP matters, with recognised experience in trade mark prosecution and enforcement. The firm is well regarded for its particular strengths and activity in IP-related litigation, with an impressive track record of acting for leading food and drink manufacturers, retailers and distributors, pharmaceutical companies, banks and media players, among others. Additionally, the team is sought out for its advice on domain name acquisitions and disputes, as well as counterfeiting issues.
- Werksmans represented various South African wineries, including Boschkloof Wines and Tokara Winery, before the Chinese trade mark office and TRAB in trade mark oppositions and the cancellations of third-party marks registered without consent.
Head of the practice Janine Hollesen is based in Stellenbosch and is engaged by notable domestic and international companies for her counsel on trade mark opposition and infringement. She is additionally well versed in matters relating to counterfeiting.
Donvay Wegierski is sought out by clients for her advice on trade mark filing, prosecution and opposition in South Africa and across the continent. She is based in Stellenbosch.