We advised a South African software development company in a copyright infringement matter, relating to the development and ownership of copyright in a cattle management computer software program. Our advice included attending to the matter from inception to finalisation, including appearing on behalf of the client before the Supreme Court of Appeal and ultimately ensuring that, once judgment was handed down in favour of the client, the costs awarded to the client were appropriately taxed and paid to the client.

Our experience includes advising the purchaser on all IP matters relating to a transaction in which it sought to acquire shares of a local South African company. The advice included conducting an IP due diligence investigation, which highlighted a number of gaps and risks in the IP owned by the seller; advising the purchaser of the best manner in which these risks could be addressed, taking into consideration the strategic objectives of the transaction. Given that the seller had IP assets in several countries across the continent the advice given required application of our knowledge of IP laws in various jurisdictions, thus adding value in this manner. This deal was a runner-up Dealmakers 2019 deal of the year matter.

We advised a company seeking to invest in the production of a new film by considering the terms of the proposed structure of the transaction, and by drafting a script writing agreement between the company and the script writer (both of whom would be shareholders in the film production company) that is fair to both parties, but which specifically preserved the company’s interests in the script to be developed.

Advising a South African university on the application of POPIA to its institution, and assisting it with implementing a POPIA policy, updating its existing policies to bring them in line with POPIA requirements, registering its information officers and training its information officers and employees on compliance with POPIA.

We advised a South African software development company and assisted it with drafting a service level agreement and web app development agreement relating to its ongoing projects.

A South African company sought to dispose of its rights in intellectual property to a Singaporean entity. We were required to provide an opinion and comments on, amongst others, the IP considerations that are relevant to the proposed transaction, including considering the chain of ownership when transferring the IP, the application of exchange control regulations to the transaction and the pricing of the IP to be assigned.

We advised an innovative company that had commissioned a Danish university to undertake research and development in the food technology industry. We advised on various IP issues relating to the proposed transaction, including reviewing and commenting on the proposed agreement between the parties and the impact of IP policies governing tertiary institutions (both in South Africa and in Denmark).

We are responsible for the management of a beverage manufacturing company’s trade mark portfolio. This includes providing strategic advice on the protection, maintenance and enforcement of this client’s important trade mark assets, as well as conducting portfolio audits, strategically advising on the management of trade marks, conducting clearance searches, advising on inherent registrability, as well as classification, filing and prosecuting trade mark applications and enforcing the client’s trade marks.

We advised a production company seeking to conclude a co-production agreement with another production company. The companies had finalised the development and financing stages of the film and were now concluding a co-production agreement to regulate the terms between them, and their respective responsibilities, in relation to the film’s production and post-production activities.