top of page

What we do

We specialise in intellectual property and related matters with a team of skilled lawyers.

Our services

Advertising Matters

We have extensive experience in representing and assisting clients in advertising disputes, including representing clients before the Advertising Regulatory Body of South Africa, where we have represented clients, successfully, over many years.

Advertising matters
Commercialisation of
Intellectual Property

We assist our clients in the commercialisation of  intellectual property, and in a vast range of commercial aspects, such as confidentiality, research and development (R&D) collaboration, restraint of trade, technology transfer, the sale of intellectual property, licensing (including franchising) and joint venturing, contract law, tax, accounting, exchange control and competition law.

Our services further include intellectual property due diligence investigations, audits and valuations, corporate and intellectual property structuring, brand selection and management methodology.

Commercialisation of Intellectual Property
Image by Milad Fakurian
Companies
(and Close Corporations)

The Companies Act 71 of 2008  impacts extensively on and has far reaching implications and consequences for businesses operating in South Africa. As such, it is imperative that businesses has a comprehensive understanding of the act and its operation. Bouwers is well placed to provide advice and support in this process.

Companies (and Close Corporations)
Competition

We have in depth experience in intellectual property related competition law issues  as provided for in the Competition Act (89 of 1998), including:

  • Merger control notification

  • Competition litigation

  • Exemptions and compliance
     

Competition
Consumer Protection
Consumer Protection

We are well placed to assist with product and service related, consumer protection issues, such as those provided for in terms of the Consumer Protection (68 of 2008).

 

Our experience extends to potential design, manufacturing, distribution and marketing related products and service risks and liabilities.

Copyright

We have extensive experience in all aspects pertaining to the enforcement and protection of copyright in South Africa and internationally. Our expertise includes the registration of cinematography films, copyright assignment agreements and license / user agreements as well as providing advice on all aspects of copyright such as the  protection, enforcement and exploitation of copyright.

Copyright
Corporate and
Commercial

We assist clients with legal requirements and our services include a comprehensive range of intellectual property related corporate and commercial services, such as corporate and intellectual property structuring.

Corporate and Commercial
Company name objections
Company Name
Objections

We are able to assist clients to lodge objections withor defend objections lodged with the Registrar of Companies (Companies Tribunal) in which objection is raised to the registration of company names on the basis that they are objectionable.

Image by Michel Rocha
Design

We have extensive experience in all aspects pertaining to design protection in South Africa, Africa and internationally, including design searches, registrations and maintenance as well as related litigation.

Design
Dispute Resolution

Dispute resolution has become an important alternative mechanism to litigation for resolving disputes. Dispute resolution is governed primarily by contractual provisions although increasingly by legislative provisions as well. We can assist clients to identify and execute the best means of dispute resolution, including mediation, arbitration or litigation proceedings.

 

Dispute resolution support spans over many sectors and includes:

  • Negotiations and other informal conciliation, mediation and arbitration processes

  • Effective litigation in any South African court or forum

  • Labour dispute resolution

Dispute Resolution
Domain Names

We are well placed to assist clients with domain name registrations and dispute resolution proceedings relating to domain registrations, cyber-squatting, cloaking, and the like.

Domain Names
Exchange Control and South African Reserve Bank Applications

Cross border intellectual property related transactions are subject to South African exchange control regulations. Bouwers has extensive experience in all aspects pertaining to cross border intellectual property transactions and the exchange control implications and requirements for such transactions, including Reserve Bank applications and the intellectual property valuations therefor.

Exchange Control and South African Reserve Bank Applications
Franchising

Franchising, which is a form of licensing of trade marks, trade dress, copyright in manuals and know-how, the franchise concept, patents and more, continues to garner success as a successful business model for new business ventures as well as a model for expanding a successful business concept.

 

With the adoption of the  Consumer Protection Act in  2008, emphasis is placed on this business model with the inclusion of detailed requirements and protection mechanisms for franchisors and franchisees.

 

We are well placed to assist clients and provide them with comprehensive advice on all franchisee related matters, including assisting in litigation that may be required.

Franchising
Litigation

Bouwers provides a comprehensive range of litigation services relating to all aspects of intellectual property, including resulting from passing off, infringement of statutory rights (i.e. trade mark, patent, design and copyright related rights), unlawful competition, counterfeiting, contravening the Merchandise Marks Act (17 of 1941) / Counterfeit Goods Act (37 of 1997), breach of agreement, enforcement of user and license agreements, revocation and expungement proceedings, franchising and copyright infringement matters.

Litigation
Patents

Bouwers has vast experience in all aspects pertaining to patents in South Africa, Africa and internationally, including Paris Convention, PCT and non-Convention applications. Our experience extends to patent searches, applications, restorations, revocations and renewals as well as patent litigation.

Patents
Research and 
Development

Bouwers has on many occasions dealt with all legal aspects pertaining to private and publicly financed research and development (“R&D”), including in-house, contract and collaborative R&D, the R&D outcomes and the exploitation thereof. Our experience extends to all aspects of the Intellectual Property Rights from Publicly Financed Research and Development Act (51 of 2008).

 

We have further assisted with the accounting, financial reporting & taxation related aspects of the creation, procurement and protection of the internally developed and externally procured R&D outcomes and the associated IP, including the International Financial Reporting Standards and its Accounting Standards (“IFRS” & “IAS”) associated international as well as the R&D tax incentives.

Research and  Development
Tax

Bouwers is able to, in conjunction with our tax advisory partners, assist with all intellectual property related tax aspects in South Africa, in particular the tax implications following the transfer of intellectual property.

Tax
Trademarks

Bouwers has in depth knowledge and experience in all aspects pertaining to trade marks in South Africa, Africa and internationally. Amongst others, our experiences extend to trade mark searches, opining on the availability and registrability of trade marks, filing and prosecution of trade marks, trade mark oppositions, renewal and restoration of trade marks, preparation of license / user / assignment agreements (and the recordal thereof) as well as advising on the enforcement and protection of the common law rights that clients may enjoy.

Trademarks
Valuations and Damages Determination
Image by N N
Valuations and
Damages Determination

Bouwers has assisted multiple clients with intellectual property valuations and intellectual property related damages quantifications, including the determination of intangible asset and intellectual property related values and damages claims in arbitration and litigation proceedings.

bottom of page