|
DM Kisch has over 135 years of experience in intellectual property law, with niche expertise to service the marketing and communications industry.
Practice Areas – Copyright
- Requirements for subsistence of copyright – Slogans and sounds, names, computer generated symbols, software, distinctive packaging, person's identity, image, artistic and musical works
- Registration of copyrights in cinematographic films
- Assignment of copyright - Author of a copyrighted work is the first owner in most instances and has the right to assign copyright in the work to another person
- Licensing - Copyright license undertaking by the copyright owner not to sue the party, which holds the license
Practice Areas - Litigation
Copyright is infringed when there is unauthorised copying, reproduction or adaptation of a substantial portion of a copyrighted work.
At DM Kisch, we conduct all intellectual property litigation on behalf of clients, including all patent, trade mark and copyright litigation, anti-counterfeit litigation, litigation relating to intellectual property licences, unlawful competition and passing-off.
We also act for clients in laying or defending Advertising Standards Authority (ASA) complaints.
Practice Areas – Licensing
Intellectual property, such as patents, designs, trade marks, copyright, trade secrets and know-how, can be licenced to third parties (licensees) in return for some sort of remuneration.
Ownership of the rights are retained by the licensor. An owner authorises the licensee to use or apply the rights in terms of a licence contract.
DM Kisch Inc can assist with the negotiation and drafting of licence contracts, together with our commercial department, advising on deal and tax structuring.
Practice Areas – Branding
At all times, trade marks should be protected in the manner in which they are used. Logos are also protected under copyright and it is essential to ensure you are the owner of the copyright. The commissioning party will not automatically hold copyright created by third parties.
|
