Grassroots innovation journey spotlights new pathways
Creating impact in the innovation ecosystem and reaching disadvantaged communities has been central to the Inventor Assistance Program (IAP), helping turn innovative ideas into commercial assets. The IAP is the World Intellectual Property Organization’s (WIPO) flagship project, launched in partnership with the Companies and Intellectual Property Commission (CIPC).
Read more: Grassroots innovation journey spotlights new pathways
Young Ideas — South Africa’s Future Gold Standard, CIPC IP Youth Awards 2026
The Companies and Intellectual Property Commission (CIPC) is proud to announce that they will be hosting the CIPC Intellectual Property (IP) Youth Awards 2026. The Competition is a dynamic platform designed to celebrate bold thinking, fresh innovation, and the next generation of business leaders.
Read more: Young Ideas — South Africa’s Future Gold Standard, CIPC IP Youth Awards 2026
dtic, CIPC AND SPU to host the 6th annual intellectual property and technology commercialisation colloquium
Key stakeholders from government, academia and business will convene in Kimberley, Northern Cape, for a colloquium aimed at strengthening South Africa’s innovation and technology commercialisation ecosystem and unlocking new economic opportunities.
CIPC launches a Case Management System
The Companies and Intellectual Property Commission (CIPC) is pleased to announce the launch of its new Case Management System (CMS), a modern digital platform designed to improve how the public submits and tracks complaints and legal documents.
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Once you own IP, you are responsible for monitoring the market to ensure you are not being infringed. If you are the victim of infringement it is then up to you to take the appropriate steps – an IP lawyer or attorney can assist you to determine if you are being infringed and the best way to deal with the situation. We are not in charge of monitoring IP infringement – this is your responsibility.
You need to monitor and safeguard your IP. This means letting others know you have a legal right to your IP and, if necessary, defending your rights through legal action. This is to ensure that only you can turn your ideas into a commercial reality.
This is why you’ll see many products containing the ® symbol – this is the owner letting everyone know that they have a registered trade mark. Copyright owners do a similar thing by using the © symbol with their work, while many new products will have patent pending or the patent number displayed.
Infringement
Don’t wait for someone to infringe your IP. Putting a strategy in place to deal with infringement before it happens should be part of your overall protection and commercialisation strategy.
If you find your IP is being copied or used by someone else without your permission, there are a number of actions you can take. Possibilities available to you can range from a letter of warning from you or your attorney – to court action. It is always best to seek professional advice.
Whatever action you do take, pursue it vigorously and make sure any person infringing on your rights knows you are serious about protecting your IP. Any delay could jeopardise your legal rights to take action.
Proof of ownership
Owning IP is like owning physical property. It indicates to others that you have a claim on it, it deters others from infringing upon it and enables you to take legal action against those who do.
To help prove your ownership of IP, keep a record of:
- what kind of right you have, and in what form the right was created
- what, if any, material from a third party was used in the creation process, and whether permission for such use was obtained
- when it was created
- who created it
- evidence of ownership – such as an application for a patent, trade mark or design
- contracts with all parties involved in the creation of the IP that clearly identify who owns the IP
- log books showing how the creation process was undertaken (particularly important for IP created by employees)
- files of early drafts and prototypes that embody IP
- copies of agreements with those on whose behalf you are distributing goods or services. These should include agreements giving distributors the right to use trade marks and marketing material. This evidence should be stored in an IP Register with a back-up copy in a separate location
Infringement of trade marks on the internet
When you trade over the internet, you are entering a global marketplace. There is no such thing as a ‘world’ trade mark. Registration of a trade mark in South Africa does not give you any rights in relation to that trade mark overseas. If you offer goods or services for sale on the internet, you could be sued for infringement in a country where someone else owns the trade mark.
South Africa is a member of the World Intellectual Property Organization (WIPO) which establishes guidelines to protect trade mark owners who trade over the internet.
Be aware of the potential risks you face when trading over the internet. You should seek legal advice on the best ways you can avoid or minimise those risks. Most importantly, you should seek legal advice if you receive notice from an overseas trade mark owner alleging that you are infringing their trade mark via the internet.
Trade mark owners contemplating trading over the internet should consider applying for international trade marks.
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Essentially, intellectual property rights are private rights. It is therefore the primary responsibility of the right holder to seek remedies in order to protect those rights. They must monitor the activities of competitors as well as developments in the marketplace, and take action to stop any infringement of rights or obtain recovery of losses.
In serious cases, however, in particular when the infringement of IP rights is intentional and for commercial purposes, many countries will consider such infringements to be criminal, and therefore also provide for action to be taken by the respective authorities.
Accordingly, effective enforcement may require the involvement of a number of persons or entities, such as attorneys, judges, customs, police, prosecutors, administrative authorities, and, in the area of copyright, collective management societies. In many countries, it may also be possible to obtain information and assistance through contacting national organisations or right holder associations concerned with fighting counterfeiting, piracy and other forms of intellectual property infringement.
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Regulation 29 of the Companies Act , No. 71 of 2008 deals with the `Independent Review of Annual Financial Statements’.
For the purpose of this Regulation-
- `independent reviewer’, means a person referred to in regulation 29(4) and who has been appointed to perform an independent review under this regulation; and
- `reportable irregularity’, means any act or omission committed by any person responsible for the management of a company, which-
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- Unlawfully has caused or is likely to cause material, financial loss to the company or to any member, shareholder, creditor or investor of the company in respect of his, her or its dealings with that entity; or
- Is fraudulent or amounts to theft; or
- Causes or has caused the company to trade under insolvent circumstances.
When an independent review of a company’s financial statements must be carried out
Regulation 29 (4) states that `An independent review of a company’s annual financial statements must be carried out-
- In the case of a company whose Public Interest Score for the particular financial year was at least 100, by a registered auditor, or a member in good standing of a professional body that has been accredited in terms of section 33 of the Auditing Professions Act; or
- In the case of a company whose Public Interest Score for the particular financial year was less than 100, by-
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- A registered auditor, or a member in good standing of a professional body that has been accredited in terms of section 33 of the Auditing Professions Act; or
- A person who is qualified to be appointed as an accounting officer of a close corporation in terms of section 60(1), (2) and (4) of the Close Corporations Act, 1984 (Act 69 of 1984).
Steps to alert CIPC about an “Reportable Irregularity”
- An independent reviewer of a company that is satisfied or has reason to believe that a reportable irregularity has taken place or is taking place in respect of that company must, without delay, send a written report to the Commission. This is known as the `first report’.
- The report must give particulars of the reportable irregularity referred to above and must include such other information and particulars as the independent reviewer considers appropriate.
- The independent reviewer must within three (3) business days of sending the report to the Commission notify the members of the Board of the company in writing of the sending of the sending of the report referred to in regulation 29(6) and the provisions of this regulation.
- The First report of the reportable irregularities (RI’s) from the Independent Reviewer to CIPC must include the letter which was sent to the board of directors notifying them of the reportable irregularity.
- The independent reviewer must as soon as reasonably possible but not later than 20 business days from the date on which the report referred in regulation 29(6) (the first report) was sent to the Commission-
- Take all reasonable measures to discuss the first report with the members of the board of the company;
- Afford the members of the board of the company an opportunity to make representations in respect of the report; and
- A Second Report must be sent by the Independent Reviewer to the Commission within twenty (20) business days from the date of the First report. The second report must include the independent reviewer’s opinion as to whether:
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- no reportable irregularity has taken place or is taking place; or
- the suspected reportable irregularity is no longer taking place and that adequate steps have been taken for the prevention or recovery of any loss as a result thereof, if relevant; or
- the reportable irregularity is continuing; and the detailed particulars and information supporting his conclusions.
- If the second report from the independent reviewer states that the reportable irregularity is continuing, the Commission must notify the appropriate regulator in writing and provide a copy of the reportable irregularity to them. The Commission may investigate any alleged contravention of the Act.
- Independent Review reports must be e-mailed to:
This email address is being protected from spambots. You need JavaScript enabled to view it.
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The following are considered in the calculation of a public interest score:
- a number of points equal to the average number of employees of the company during the financial year;
- one point for every R1 million (or portion thereof) in third party liability of the company, at the financial year end;
- one point for every R1 million (or portion thereof) in turnover during the financial year; and
- one point for every individual who, at the end of the financial year, is known by the company-
- in the case of a profit company, to directly or indirectly have a beneficial interest in any of the company’s issued securities; or
- in the case of a non-profit company, to be a member of the company, or a member of an association that is a member of the company.
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