South Africa: Intellectual Property

A recent High Court judgment clarifies a critical misconception in copyright law: believing you have permission to use protected work is not the same as believing no copyright exists. This distinction has significant implications for businesses that routinely download and use photographs found online, assuming they are free to use simply because they are widely accessible.

Mobile applications represent significant business investments comprising multiple forms of intellectual property, yet the underlying IP rights are frequently overlooked. Understanding how copyright, trade marks, design rights and patents interact in the mobile app context is essential to avoid ownership disputes, commercialisation restrictions and avoidable legal risk.

As artificial intelligence transforms content creation across industries, businesses face mounting questions about transparency, consumer trust, and legal compliance. With the EU mandating disclosure of AI-generated content and South Africa developing its own AI policy framework, companies must navigate emerging risks around intellectual property infringement, misleading representations, and brand protection in an increasingly synthetic media landscape.

Expanding into a new market is exciting. Businesses spend considerable time planning product launches, negotiating commercial agreements, appointing local partners and pursuing growth opportunities.

Many businesses invest heavily in building their brand before checking whether their chosen name is available, only to face costly rebranding when conflicts arise. A trade mark availability search and proper registration can prevent these expensive disruptions and protect one of your most valuable business assets.

FIFA's commercial framework requires host venues to conceal non-sponsor branding during the World Cup, leading Levi's Stadium to be temporarily rebranded. When Levi's iconic batwing logo was covered with a white sheet, the company transformed this restriction into a powerful marketing moment that demonstrated the true strength of brand recognition and the difference between a trademark and a brand.

South Africa has secured a groundbreaking trade agreement with China, opening new export channels for locally produced cherries and potentially blueberries. With established production infrastructure and a robust plant variety protection system under the 2018 Plant Breeders Rights Act, the country is positioning itself as a strategic global production base for commercial exploitation of new plant varieties, particularly for Northern Hemisphere markets during off-season periods.

South Africa is positioning itself as a key player in the global electric mobility and battery value chains through strategic support for locally developed technologies and intellectual property. Can government-backed research partnerships and mineral resources be successfully converted into competitive industrial applications? The collaboration between academic institutions and industry demonstrates a model for technology commercialisation in the energy-storage sector.

Mobile applications represent significant business investments comprising multiple forms of intellectual property, yet the underlying IP rights are frequently overlooked. Understanding how copyright, trade marks, design rights and patents interact in the mobile app context is essential to avoid ownership disputes, commercialisation restrictions and avoidable legal risk.

On 21 September 2026, the Department of Small Business Development issued an RFQ, calling on legal experts to tender in support of the creation of a framework for the recognition, protection and regulated participation of indigenous cannabis growers in South Africa.

A South African court has delivered a decisive ruling on the limits of post-employment competition, finding that two senior employees unlawfully used their former employer's proprietary software, client relationships, and confidential information to launch a competing business. The judgment reinforces that fiduciary duties can extend beyond employment termination and that building a business on a former employer's investment constitutes unlawful springboarding rather than legitimate entrepreneurship.

Intellectual property valuations in South Africa's entrepreneurial landscape present unique challenges shaped by international trends and local legislation. This analysis explores the complexity of determining IP value across different business stages, from startups navigating the 'valley of death' to established companies facing mergers and acquisitions. The framework examines how sustainability, technology readiness levels, and risk mitigation strategies converge to unlock the true value of intellectual c