Trade Marks & Copyright 2025

SOUTH AFRICA Law and Practice Contributed by: Roberto Barreiro, André du Plessis, Sarah Suleman and Shaawn Phooko, KISCH IP

KISCH IP has been a leader in IP and com - mercial matters in South Africa and Africa for more than 150 years. KISCH-IP’s skilled part - ners, dedicated support staff, and network of agents across Africa enable the firm to navigate various IP requirements across the continent. The firm has offices in South Africa and the Jersey Channel Islands and also has a grow - ing tax advisory team. The trade mark depart - ment provides a full range of trade mark-related services in South Africa and internationally. This encompasses trade mark prosecution services at all stages, including searches, filings, com -

pliance, publication, registrations, recordals and amendments, assignments, licences and renewals. KISCH-IP also provides trade mark enforcement at all stages, including infringe - ments, passing-off claims, ambush marketing, unlawful competition, company name objec - tions, domain name disputes, and consumer-/ advertising-related matters. In terms of copy - right, the team provide advice on how and when copyright subsists, and how best to protect and enforce copyright to control the commercial ex - ploitation of these rights.

Authors

Roberto Barreiro is an associate attorney in KISCH IP’s trade mark department and holds a BA Law and LLB degree from the University of Pretoria. His focus is on trade mark

André du Plessis is a trade mark attorney and director at KISCH IP. He holds B.Com Law and LLB degrees from the University of Pretoria and was admitted as an attorney in 2009,

registrability searches, trade mark filing and prosecution, assignments, and copyright matters. Roberto assists clients with brand protection strategies, trade mark portfolio management, and domain name registrations. He is a fellow of the South African Institute of Intellectual Property Law and has written articles concerning the non-use of trade marks in the context of the dichotomy between promotional use and trade mark use, as well as on the calculation of royalties payable to musicians and other artists in South Africa.

becoming a fellow of the South African Institute of Intellectual Property Law in 2015. André practises in the trade mark prosecution department of KISCH IP and specialises in trade mark availability and registrability searches, trade mark filing strategies, trade mark portfolio management and trade mark assignment advice for local and international clients. He also has experience in the drafting of commercial agreements relating to IP, including software development and trade mark licensing agreements.

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