商业知识产权

Intellectual property is one of the most valuable assets in any business. Spoor & Fisher’s Commercial IP department combines IP expertise with specialist commercial experience to help clients unlock and maximise the value of their IP — from early-stage innovation through to large-scale commercialisation.

Our clients range from start-up businesses, universities, and research organisations to large corporates, both in South Africa and internationally. Whatever the scale or complexity, we deliver commercially-focused IP solutions tailored to each client’s strategic objectives.

IP aspects of M&A transactions

Intellectual property considerations are central to the success of any merger, acquisition, or corporate transaction and in many transactions, IP is the most valuable asset. Our team works closely with transacting parties and their advisors to identify, assess, and mitigate IP-related risks before and during a transaction and post closing — ensuring that IP assets are properly valued, ownership and rights are clearly established, and regulatory requirements are met. Our M&A-related IP services include:

• IP portfolio audits – establishing an IP register, developing an IP strategy, landscaping the competitive environment, identification and assessment of scope, validity, and territorial coverage
• Chain of title/rights verification and competent transmission
• Confidentiality and trade secret protections – evaluating the adequacy of NDA regimes and employee IP confidentiality, IP assignment and restraint provisions
• IP (registered and unregistered), IT and Data Protection due diligence
• • Mergers and acquisitions – Extending to verifying IP ownership, verifying the status of registered IP items, assessing the scope of claims, and assessing the value of IP in the context of a business
• Regulatory considerations – identifying exchange control and other regulatory compliance requirements and initiating and conducting exchange control applications
• IP aspects of transaction agreements including IP identification, cps, transfer and closing provisions and warranty negotiation

Licensing & IP Commercialisation

Our experienced licensing practitioners are active members of the Licensing Executives Society of South Africa and advise across the full spectrum of IP commercialisation — from endorsement deals to franchising, technical licensing of patents, database rights, know-how, and copyright, across all types of protected works including software, film, music and literary works and across traditional and convergent new media platforms.

Our services also include identifying exchange control requirements and initiating and conducting exchange control applications.

IP Policy, Management & the Public Sector

We have extensive experience in drafting and implementing IP policies and management processes for universities, state-owned entities, and major corporates across sectors including telecommunications, mining, rail, power generation and food service. The team also advises on public-private sector engagements, with particular expertise in legislation affecting intellectual property resulting from publicly-funded R&D and its impact on IP ownership and commercialisation.

IP & the Not For Profit Sector

Our experienced practitioners advise well-known not-for-profit clients, including those with an arts/ culture focus or iconic founder, on:

• entity formation and governance (including trusts and NPCs)
• a variety of bespoke transactions, from publishing, film, theatre and exhibition/ art-work licensing and distribution arrangements to facilities development.

AI Audits

Creative and innovative professionals increasingly use generative AI tools in developing their creations and innovations. The terms imposed by AI service providers potentially create risk where commitments made by these professionals to their clients may not be underwritten by AI service providers. Our experienced practitioners identify these gaps and provide recommendations on how to address them.

Promotional and Innovative Competitions

We have extensive experience in innovative and promotional competition regulatory compliance and drafting compliant competition terms.

IP Advisory

We undertake opinion work on all aspects of IP, particularly in relation to its impact on exploitation including issues relating to classification (movable/ immovable), duration and title.

Specialised Services

我们的商业知识产权服务包括：

• Brand-building — Including franchising, licensing, supply and distribution, exchange control compliance, and more
• Assignment and sale of IP rights
• Technology transfer and cross-licensing — Including the structuring and implementation of tech transfer, IP pooling, licensing, and cross-licensing arrangements
• IP assessments and valuations
• IP aspects of mergers and acquisitions
• Due diligence investigations
• Licensing and franchising
• 供应和分销安排
• SME and start-up support
• Collaborations and joint ventures
• Joint development arrangements
• Structuring of corporate IP ownership and intra-group licensing
• Confidentiality agreements and regimes
• Material transfer agreements
• IT services contracts, software and (SaaS) development, licensing and subscription agreements
• IP policy, management and compliance
• AI policy and audits
• Exchange control and other regulatory compliance
• Data, database rights and protection of personal information;
• R&D tax credits
• IP advisory and opinion works.