Trade Marks & Copyright 2025

SOUTH AFRICA Trends and Developments

Trends and Developments Contributed by: Julia Stephens and Roberto Barreiro 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

Julia Stephens is a director at KISCH IP, where she heads the firm’s trade mark department. Julia has 25 years’ experience in all aspects of trade mark law, including availability and registrability searches, trade mark filing and prosecution, trade mark litigation and opposition matters, trade mark assignments, copyright issues, and domain name audits, registrations and complaints. She has advised clients regarding Advertising Regulatory Board regulations and issues, as well as on food labelling regulations and concerns. More recently, Julia has chosen to focus exclusively on advising and assisting clients with their brand protection strategies and portfolio audits and reviews, securing the most efficient and effective protection for clients’ trade marks.

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

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.

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