Comprehensive IP
Service Specialists
For the last 140 years KISCH IP (formerly DM Kisch Inc) has built a respected reputation as a leading South African legal practice, offering the full suite of intellectual property law services including patent, trade mark, copyright, design and the commercialisation of intellectual property.
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.
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In the late 1800s, DM Kisch registered patents for various famous inventors such as Dr von Siemens, Thomas Alva Edison and Guglielmo Marconi. Since then, the firm – now KISCH IP – has secured patent and trade mark rights for some of the most important inventions and brands of the previous and current centuries.
Our intellectual property offering is complemented by a full range of commercial services. In addition, we are active across the African continent and worldwide, thanks to our network of selected agents.
Services.
PATENT
TRADE MARK
DESIGNS
COPYRIGHT
ANTI-COUNTERFEITING
COMMERCIAL & CORPORATE SERVICES
COMPETITION LAW
PLANT BREEDERS' RIGHTS
IP AUDITS & VALUATIONS
FRANCHISING
INTERNET, ECOMMERCE & DOMAIN NAMES
ADVERTISING STANDARDS AUTHORITY
INTELLECTUAL PROPERTY LITIGATION
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.
KISCH IP offers an extended range of trade mark services. 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.
KISCH IP has experience in all aspects of copyright law. We advise clients on how and when copyright exists, how to assign rights to another party and how to apply for a copyright licence. We also assist in litigation when copyright has been infringed.
KISCH IP’s professionals are skilled in all aspects of anti-counterfeiting. 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.
KISCH IP specialises in plant breeders’ rights registration, prosecution and litigation and has conducted more than 45 litigious cases in the past ten years, in South Africa and internationally. 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.
Franchising is fast becoming one of South Africa’s most popular types of business relationship. These structures offer numerous benefits for franchisor and franchisee. However, if incorrectly approached, franchises can create financial loss and setbacks for both parties.
The franchise agreement is the cornerstone of any franchise endeavour. It should adequately address all aspects of the franchise relationship, while maintaining the integrity and fairness of a successful alliance. In addition to this agreement, the franchisor must ensure that it has a comprehensive disclosure document, as well as a detailed operations manual.
The Internet, including eCommerce, is a constantly and rapidly developing field. It includes a wide range of aspects such as domain names (their registration, disputes and objections), website terms and conditions and information technology agreements.
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. Any person or entity believing an advert is false, misleading or harmful in any way may lodge a complaint with the ASA.
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.
KISCH IP conducts all IP litigation on behalf of clients, including that relating to patents, trade marks, designs, copyright, anti-counterfeiting, intellectual property licences, unlawful competition and passing off.
PATENT
TRADE MARK
DESIGNS
COPYRIGHT
ANTI-COUNTERFEITING
COMMERCIAL & CORPORATE SERVICES
COMPETITION LAW
PLANT BREEDERS' RIGHTS
IP AUDITS & VALUATIONS
FRANCHISING
INTERNET, ECOMMERCE & DOMAIN NAMES
ADVERTISING STANDARDS AUTHORITY
INTELLECTUAL PROPERTY LITIGATION
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.
KISCH IP offers an extended range of trade mark services. 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.
KISCH IP has experience in all aspects of copyright law. We advise clients on how and when copyright exists, how to assign rights to another party and how to apply for a copyright licence. We also assist in litigation when copyright has been infringed.
KISCH IP’s professionals are skilled in all aspects of anti-counterfeiting. 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.
KISCH IP specialises in plant breeders’ rights registration, prosecution and litigation and has conducted more than 45 litigious cases in the past ten years, in South Africa and internationally. 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.
Franchising is fast becoming one of South Africa’s most popular types of business relationship. These structures offer numerous benefits for franchisor and franchisee. However, if incorrectly approached, franchises can create financial loss and setbacks for both parties.
The franchise agreement is the cornerstone of any franchise endeavour. It should adequately address all aspects of the franchise relationship, while maintaining the integrity and fairness of a successful alliance. In addition to this agreement, the franchisor must ensure that it has a comprehensive disclosure document, as well as a detailed operations manual.
The Internet, including eCommerce, is a constantly and rapidly developing field. It includes a wide range of aspects such as domain names (their registration, disputes and objections), website terms and conditions and information technology agreements.
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. Any person or entity believing an advert is false, misleading or harmful in any way may lodge a complaint with the ASA.
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.
KISCH IP conducts all IP litigation on behalf of clients, including that relating to patents, trade marks, designs, copyright, anti-counterfeiting, intellectual property licences, unlawful competition and passing off.
