Business continues to move online and in any conversation you’ll come across the words “data privacy”, “cyber-crime”, “online retailer”, “App development” and many more.

So what exactly does a technology attorney do?

Basically – anything to do with the law and technology. Here at SwiftTechLaw we specialise in the following areas:

GRC (GOVERNANCE, RISK AND COMPLIANCE) – which includes PRIVACY LAW COMPLIANCE (POPIA & GDPR). Information privacy is a hot topic at the moment as the Information Regulator creeps closer to being established. Once this happens South African organisations will need to comply or face hefty penalties. We assist our clients with their compliance, which includes providing them with all required documentation, training and website updates.

DOMAIN NAME RIGHTS AND DISPUTES – Having a company website / online store in this day and age is becoming vital to the success of any organisation and securing your domain name is the first step. We assist with any matters relating to domain name registrations and disputes.

APP DEVELOPMENT – Have an idea for a new app? SwiftTechLaw can assist.

CRYPTOCURRENCY TRANSACTIONS – Crypto-currency investment remains the wild west of South Africa’s financial landscape. There is no cohesive regulation which restricts transactions or facilitates trade and this exposes investors to many risks. Organisations providing platforms for cryptocurrency transactions should also keep up to date with the latest regulations in order to minimise the risk for themselves and their investors. We assist by providing legal opinions and advise on how to minimise the risk of cryptocurrency transactions while the regulation thereof remains mostly unclear.

SOCIAL MEDIA RIGHTS PROTECTION / SEXTORTION / CYBERBULLYING / REVENGE PORN

START-UP / INCUBATOR ASSISTANCE – We assist start-ups with Non-disclosure Agreements, Non-compete Agreements, Registering different types of intellectual property (I.P), Contractual Terms of Business for each specific start-up, Website Privacy Policies and T&C’s, POPIA and GDPR Training.

TRADEMARK REGISTRATION – Trademark registration is a crucial first step for your start-up in order to ensure that you are able to continuously build your brand. If you decide that you don’t want to register your trademark, or that will get around to it once your company has become more established, it’s important that you understand the possible implications of not investing in the protecting of your intellectual property. Let us assist you in building your brand by with our trademark registration services.

COMMERCIAL TECHNOLOGY LAW – need to register a new company? Need assistance in the drafting of End User Licence Agreements? Software Agreements? Or Tech Deal Structuring? SwiftTechLaw provides a wide variety of legal services relating to commercial technology law.

TECHNOLOGY AND CIVIL LITIGATION – need to send a letter of demand? Don’t know what your options are in terms of legal recourse? We assist clients in settling or proceeding further with their legal disputes.

We also specialise in ARTIFICIAL INTELLIGENCE, CYBER CRIMES AND HACKING, ELECTRONIC SIGNATURES, GAMBLING AND GAMING TRANSACTIONS, CONSUMER RIGHTS AND DISPUTES.

Contact SwiftTechLaw here to assist you with your legal needs.

The post EVER HEARD OF A TECHNOLOGY ATTORNEY? appeared first on Swift Tech Law.

What’s in a name?

A trademark is a brand name, a slogan or a logo. To be successful in a Trademark Registration the mark must identify the services or goods and distinguish them from those of another.. If your trademark does not comply with these requirements, you will not be able to register or protect your brand and a competitor intending to use a similar name for their business or product will be entitled to do so.

An example of unregistrable trademarks, which many companies have fallen victim to, is the use of words or phrases reasonably required for use in a specific field of trade. The Companies and Intellectual Property Commission (CIPC) uses the word “server” as an example to explain this concept. They explain that should the word “server” be registered for computer services, nobody in that field of industry would be able to use the word in their everyday practice. This would be detrimental to the traders of that industry which is why the Trademarks Act 194/1993 prohibits these trademark applications.

What about famous descriptive and generic brand names such as Apple? This brand name could be registered as the word does not relate to the industry – if Apple however had to sell fruit instead of computing and technology products, the name would be unregistrable. Notwithstanding the examples above, there are several other types of unregistrable trademarks and it’s paramount to seek professional help when considering early stage branding.

If your trademark has not been registered or is unregistrable, someone in your industry could use similar identifying marks and you have very little power to stop them. It can be devastating when a competing business uses a similar name to yours and unethically exploits your brand. Moreover, this creates confusion in the marketplace and erodes your sales and bottom-line.

Conversely, your businesses’ use and promotion of certain names, logos and slogans might inadvertently infringe another company’s registered trademark. Consequences could be disastrous should the trademark owner demand that you cease and desist from further use of the identifiers that define your brand.

Absa: A distinctive name protects your brand even while you’re reinventing it

In July of this year, Absa rolled out a new corporate identity to distinguish itself from its erstwhile partner – Barclays Group. In statements made by CEO Maria Ramos, its new look was a conscious effort to ensure that Absa remains distinguishable in the market. To this end, Absa changed the bank’s logo, colour-scheme, and slogans. These branding devices have only been in the market for a few months but already enjoy strong trademark protection. Moreover, the new branding does not detract from the trademark protection conferred on Absa’s previous logos, colour-scheme, and slogans. This means Absa has not only distinguished itself to capture new customers but simultaneously protected its old branding worth several million Rand.

What’s the secret ingredient?

How was Absa able to do both? How can a company’s new logo, colour-scheme and slogans be so powerfully associated with its brand despite only being in the market for a few months? After all, Absa’s logos and devices are intended to distinguish Absa as a different company from the Absa-Barclays predecessor? Absa’s secret ingredient is that the wording “Absa” is not generic nor purely descriptive. It is unique, containing specific identifiers that enable Absa to simultaneously protect its current brand and previous identifying devices.

The lesson is clear: whether you’re a start-up about to commercialise or an established company in the market – now is the time to consider if features that define your business are capable of trademark protection. A distinctive name goes a long way in doing so. In the digital paradigm where business changes quickly, Absa’s new look teaches us a valuable lesson:

You shouldn’t underestimate what’s in a name. Take that first step to protect your company, contact SwiftTechLaw here for professional legal advice.

The post TRADEMARK REGISTRATION: LEARN FROM ABSA’S NEW LOOK appeared first on Swift Tech Law.

1. Domains 

Secured your domain name? Thinking – wow that was easy. Think again. Having a company website / online store in this day and age is becoming vital to the success of any organisation and securing your domain name is the first step. However, once your e-commerce business starts to flourish, competitors and online criminals might be looking to take advantage of your success. It is important to obtain legal advice from a specialist in technology law to ensure that your website domain name is protected. Click here to read more about the importance of domain names.

2. Trademarks 

What’s in a name? whether you’re a start-up about to commercialise or an established company in the market – now is the time to consider if features that define your business are capable of trademark protection. A distinctive name goes a long way in doing so.

3. Web Developing 

Imagine spending thousands on your website, only for your web developer to hold it hostage. Therefore, web development contracts are a must! The contract must clearly state that upon final payment for services rendered you will have 100% ownership of all assets which may include web design, images, code and content. Make sure you can access your website times, analytical data and backups at all times.

4. Content & Copyright 

It is important to make sure that you are not including content on your website that you are not entitled to use, may be illegal, defamatory or otherwise infringe on the rights of third parties.

5. Data Privacy and Security

Cookie banners, Privacy Policies, Terms of Service/Sale, Terms of Use, Information Privacy Manual – do these terms ring a bell? With the new Information Privacy Laws (the European Union’s General Data Protection Regulation (GDPR) and South Africa’s Protection of Personal Information Act (POPIA) it is vital to ensure that your website complies therewith. Prevention is better than cure – as these laws carry fines of up to 20 Million Euros / 10 Million Rand or even imprisonment!

SwiftTechLaw is able to conduct a business website audit for you to ascertain the extent to which your website complies with applicable law. To book your audit or for any related enquiries, you can contact us here.

The post 5 REASONS YOU NEED A TECHNOLOGY ATTORNEY FOR YOUR BUSINESS WEBSITE appeared first on Swift Tech Law.