Gunter Attorneys

09/11/2022

"Dear Ms. Rina Gunter

I have great pleasure confirming that your firm has been chosen as the winner of the 2023 Corporate INTL Magazine Global Award:

‘Intellectual Property Law Firm of the Year in South Africa - 2023’

Over recent months, Corporate INTL has conducted our extensive nomination and research process for our 16th Global Awards. To coordinate our awards we receive confidential nominations via our website and the shortlisted candidates are then judged on the credibility of those nominating, the work provided for those nominees, the rankings of the firms/individuals nominated, the calibre of each of the partners/directors nominated, previous awards, network affiliations, overall reputation, publication contributions and previous speaking engagements.

This is our largest awards to date with more nominations received through our website than ever before. Our heartfelt congratulations!"

09/11/2022

"Dear Rina,

I trust you’re well.

It gives me great pleasure to let you know, that as part of AI’s 2022 Leading Adviser Awards, yourself and Gunter Attorneys have been recognized as our:

Leading Trademark & Patent Attorney - South Africa

No matter how successful a business or individual may be, it goes without saying that away from its own assemblage of talent and expertise, there will always be a network of trusted lawyers, advisers and consultants behind the scenes helping to inform, guide and shape the way in which it operates.

Since 2014, AI have looked to highlight some of the most renowned and innovative professionals from around the world. Based on comprehensive analysis, those recognized have been handpicked by our in-house team, who have left no stone unturned to ensure that these awards are allocated only those that truly deserve them.

Whether those put forward hail from the largest, international groups, or the small firms and individuals that work alongside them, we’re aiming to highlight the industry’s shining lights.

Congratulations on this excellent achievement!"

03/08/2022

“Dear Mrs Gunter,
Welcome to LAWYER INTERNATIONAL.
It fills me with great pleasure to be announcing the LEGAL 100 – 2022 and the select 100 leading professional firms and individuals, globally, who are noted for their individual areas of specialization, within their geographical locations.
Recognizing the experience and skills that many of the developed nations have, we know how important it is to be recognized as a leader in your field of expertise. Across all regions, it is important to recognize that many firms and individuals are notable, and very able, but few can really consider themselves as being the firm and individual of choice within a certain practice area, within a specific geographical location.
The Legal 100 – 2022 Awards exist to showcase those firms and individuals that continually provide their clients with an outstanding level of service, demonstrating an incredibly high degree of ability, whilst delivering the outstanding results that are synonymous with firms and individuals of this calibre. For a firm and individual to be recognised as a winner in Lawyer International’s Legal 100 – 2022 Awards there needs to be evidence of unquestionable ability, endorsed with positive comments from both clients and peers. The Legal 100 – 2022 special edition will be published shortly.
I am pleased to announce your accolade in LAWYER INTERNATIONAL’S LEGAL 100 – 2022 AWARDS, in the category of INTELLECTUAL PROPERTY for SOUTH AFRICA.”

17/05/2022

New court ruling: Implications for marriage and divorce in South Africa

The Pretoria High Court on Wednesday (11 May 2020) ruled that a part of South Africa’s Divorce Act is unconstitutional.

As we understand the ruling, the practical implication of the new judgment would mean that any person who enters into an antenuptial contract without accrual after the commencement of the Matrimonial Property Act (i.e., after 1 November 1984), can now ask a court for a redistribution of assets.

This will therefore override the content of their signed antenuptial contract if the court deems it appropriate and just.

The Constitutional Court will now have to consider whether the order should be confirmed or not.

10/03/2022

Patent systems all over the world allows the patenting of any new invention, which includes pharmaceuticals. However, it has often been pondered whether claiming patent rights to a life-saving treatment is ethical, because patented treatments are often unaffordable for the poorest of our population.

Is there a balance between the rights of the patentee to make money and the health of a human being?

South African patent law prohibits the registration of a patent in respect to a method of treatment, this does not include compositions, such as patents for Covid vaccines.

04/03/2022

What is 'visual plagiarism'?

We have had the privilege over the past 4 years to present lectures to the post-graduate students at the Department of Architecture, Faculty of Engineering, the Built Environment and Information Technology of the University of Pretoria regarding visual plagiarism and IP issues that they need to be aware of in terms of documenting precedents and buildings. We discuss matters such as –
(i) How should one approach the use of visual data (images) that others generated?
(ii) How does IP apply to academic documents such as dissertations?
(iii) What are good practices to ensure that one is not infringing on the IP of others?
(iv) How does one approach IP in the development or design of buildings or spaces in the built environment?
(v) Who owns the IP of a building/design?
(vi) Who owns the IP generated by students and university staff during the course of their studies or employment?
(vii) What happens to prize money that design students win for their work?

Want to know the answers to these questions? We will be posting an answer per week, so keep a lookout for the answers by following Gunter Attorneys!

22/02/2022

Met Gala – a platform for showcasing talent, and infringing copyright

The copyright laws of many countries, including the USA and South Africa, provide that copyright subsists in a work when it is reduced to a material form, and is original (in that skill, labour and time was spent by the author to create the work). Copyright subsists in various works, including artistic works (such as sculptures, photographs, drawings, and prints). Copyright is infringed if a person makes or uses the copyrighted work, or an adaption thereof, without permission from the copyright owner.

The Met Gala is one of the most popular and liked annual celebrations of fashion - a fundraiser for the Metropolitan Museum of Art’s Costume Institute, which has conventionally been scheduled to spot the opening of its annual fashion exhibition. Year by year this event goes viral and raises eight-figure amounts, with ticket prices in the order of $30,000 and attracting the whose-who of celebrities. However, the event has been scarred by allegations of copyright infringement in the past. In 2016, for example, street artist Joseph Tierney brought an action of copyright infringement against Katy Perry’s designer as he believed that a dress worn by her at the Met Gala, was a reproduction of one of his street graffiti paintings and therefore infringed on the copyright that subsisted in that work. The case was heard in the California District court and the court held that Joseph Tierney had valid grounds for an action of infringement. However, the matter was ultimately settled between the parties.

There is a fine line between drawing inspiration from an existing work, and copying, reproducing or adapting that work unlawfully. Care must be taken by designers and artists alike not to cross over into the realm of copyright infringement.



Photo credit: news.artnet.com

22/02/2022

What is Intellectual Property?

You will not believe how often I get people calling me to ask if I can assist them with the transfer of a property. The conversation usually starts with them telling me that they Googled property attorneys and our website came up. I then need to tell them that the property they are referring to is called material property or tangible property and is something which you can touch or perceive with your senses. Intellectual property is an immaterial type of property, being a product of a person’s mind, which you cannot touch (intangible property). It is usually at this point that I only seem to confuse people further, so I end my story with by pointing out that I can help with their patent, trade mark, design and copyright queries.

Intellectual property law is concerned with the relationship between a legal subject (being the person(s) or entity) and an immaterial legal object that has an existence outside, and independent of, any human being. As intellectual property attorneys, we therefore help our clients to protect the product of their minds, from being copied and used, unless it is done with their permission. This affords our client an opportunity to benefit financially from their own intellect and hard work, without the fear that their competitors can copy them and divert any potential income.

At Gunter Attorneys, we help you in gaining that competitive advantage over your competitors through protecting your intellectual property.

28/01/2022

The Lawyers Worldwide Awards Super Lawyers 2022 celebrates the leading, most prolific firms internationally, which have continually displayed a high degree of quality, tenacity and ability to punch above their weight within their area of specialization. We are proud to advise that Gunter Attorneys is a winner in the Lawyers Worldwide Awards Super Lawyers 2022 campaign in the category of: Intellectual Property Law Firm of the Year - South Africa

24/01/2022