Legal Services

By: Amos Khumalo Attorneys Inc.  12-24-2012
Keywords: ITC blacklisting, trade marks, copyright, liquidations, sequestration,insolvency, conveyancer, Notar

Amos Khumalo Inc. is a dynamic boutique law firm located in Johannesburg, South Africa. Our fields of practice include: intellectual property (trade marks, patents, copyright, entertainment and sports law), information technology law, insolvency law, property law / conveyancing and litigation to its clients.

We bring a collective experience base of more than 30 years in our chosen fields of expertise – including experience gained from top law firms servicing a broad range of clients, from small medium enterprises, statutory entities, government departments and entities listed on the JSE stock exchange and some Fortune 500 companies.

Our practice philosophy is to seek to add value to our clients' business operations by leveraging our knowledge and expertise in litigation, commercial law and intellectual property in order to enhance our clients' business operations. In order to accomplish this we rely not only on our skills in traditional drafting and litigation skills but also seek to understand what drives our clients' business.

We are accordingly committed to providing high-quality and cost-effective legal services to our clients in our chosen fields of practice.
Our fields of practice:

Our firm focuses on selected fields of commercial law, intellectual property law (trademarks, patents, copyright), and information technology law and litigation, including the following:

1. Litigation

The firm undertakes litigation in the High Court, Magistrates’ Court as well as in administrative for a and arbitrations on a wide range of matters, including:

• Procurement related litigation and dispute resolution
• Intellectual Property such as patents, trademarks, copyrights etc.
• Mining Right Disputes
• Commercial disputes of various kinds
• Construction Law and Building Control Regulations
• Personal Injury matters
• Sports Rights and Entertainment Law
• Town Planning issues
• Debt Collection

2. General Commercial Law

We also offer services in the field of general commercial law; the services offered include the following:

• Labour law in all its aspects, including compliance work
• Procurement Law: Compliance by Public Entities
• Drafting a variety of procurement agreements
• Mergers and acquisitions
• BEE consortia agreements, establishment and structuring of BEE agreements
• Corporate assessments (including due diligence)
• Advice on corporate governance
• Statutory compliance advice
• Negotiation support
• Drafting shareholder, partnership and members' agreements
- general commercial advice and drafting of various types of contracts
• Incorporation of companies and other legal entities
• Preparation and lodging of applications to register defensive company names
• Preparation and lodging of special resolutions at the office of the Registrar of Companies
• Debt collection
• Drafting of employment contracts, with particular reference to the protection of employer intellectual property
• Representation of pharmaceutical and medical clients before the Medicines Control Council and other statutory bodies
• Advertising Standards Authority (ASA) matters
• General notary public services

3. Trademarks

Our practical experience in the field of trademarks, gained at a top intellectual property law firm in South Africa, enables us to provide a full range of trademark services to our clients. The services encompass the full trademark life cycle from selecting the trademark up to conducting litigation to protect the mark from infringement. The services encompass:

• assisting clients in the selection of trademarks by conducting availability trademark searches
• providing advice on the availability of trademarks for registration
• filing and prosecution of trade mark applications
• undertaking trademark opposition proceedings
• litigation to protect trade marks from infringers and defending infringement actions
• instituting action to protect trade marks against counterfeiters
• attending to the assignment of trademarks
• proactive trademark management through conducting periodic trademark audits
• conducting trademark valuations
• attending to trade mark renewals and restorations
• preparing franchising, licence and registered user agreements
• attending to company name objections
• filing and prosecuting applications for the registration of medical / pharmaceutical names before the Medicines Control Council

4. Copyright

In this regard our firm adds value to clients by providing the following services:

• general advice on copyright
• filing of applications to register copyright in cinematograph films
• drafting a variety of copyright agreements, such as copyright license contracts, copyright assignment agreements, etc.
• use of copyright to prevent parallel importation

5. Patents

Our firm provides the following services in the field of patent law:

• conducting novelty searches
• advising on the patentability of inventions
• filing patent applications
• valuating patents
• attending to management of patent portfolios
• attending to assignment and renewal of patents

6. Designs

The services offered by our firm in this regard include:

• advising on registrability of designs
• conducting searches on the registrability of designs
• filing and prosecuting design applications
• attending to assignment and renewal of designs
• valuating designs

7. Information Technology Law

Our practical experience gained from working at a leading international computer company has provided us with extensive experience in this fast evolving field of the law. Accordingly, our firm is well positioned to provide the following services:

7.1 Domain Names

• Domain name registrations
• Domain Name renewals
• Domain name dispute resolution

7.2 ICT Related Compliance Audits / Due Diligence

7.3 Information and Communication Related Agreements

We are able to draft, vet and comment on the following types of agreements, inter alia:

• IT Hardware purchase agreements
• IT Outsourcing agreements
• Hardware Support and Maintenance agreements
• Software License agreements
• Software Support and Maintenance agreements
• Software Development agreements
• Source Code Escrow agreements
• Web-site Development and Hosting agreement
• Internet Trading Agreements (such as Merchant Agreements)
• Employment Agreement (with a focus on ICT-related protections)

7.4 ICT Related Policies

Our capabilities include the drafting and vetting of:

• Web-site Terms and Conditions
• I T Security Policy
• Electronic Communications Policy
• E-Commerce Policy
• Internet-Based Invoicing Policy
• Internet-Based Marketing Policy
• I T Equipment Use and Disposal Policy
• Data Collection, Use and Management Policy
• Document Management and Retention Policy

8. Public Private Partnerships (PPP)

In this regard, our firm can provide the following services:
• Conducting options analysis assessments in PPPs
• Conducting legal feasibility studies
• Conducting legal risk assessments
• Pre-investment due diligence corporate assessments
• BEE advisory services in the PPP context
• Drafting of PPP contracts
• General legal advisory services relevant to PPPs
• Contract management in the PPP context

9. Entertainment Law

Our understanding of intellectual property law and general commercial law enables us to add value to clients engaged in the field of entertainment law. Our target clients range from individual artists/sportsmen to corporate entities and sport associations. The services offered to our clients in this regard include:

• drafting of agency/artist/athlete representation contracts
• advising artists on character merchandising
• drafting and vetting recording contracts
• drafting of all kinds of music license agreements
• advising music and sports industries on protecting their intellectual property from counterfeiters (anti-piracy services)
• collecting society issues
• representing artists, sportsmen and sports teams before association disciplinary bodies

10. Conveyancing and Property Related Transactions

• Drafting and vetting of property sale agreements
• Drafting and vetting of lease agreements (residential & commercial)
• Registration of transfer of properties
• Registration of bonds against properties
• Drafting and vetting of mortgage bond agreements
• Drafting and registration of Ante-Nuptial Agreements (ANCs)
• Drafting and registration of Notarial Bonds
• Providing advice to Sectional Title Boards of Trustees
• Drafting and vetting of building contracts
• Providing of advice on zoning laws
• Providing advice on compliance with National Building Regulations

11. Consumer Law

Our services in this regard include:

• Bringing applications for the rescission of judgement
• Attending to ITC / credit bureau clearances
• Bringing applications for reckless lending by Banks
• Bringing applications / appeals to the Credit Ombud

  • Law Society of the Northern Provinces
  • Black Lawyers Association
  • South African Institute of Intellectual Property Law
  • Johannesburg Chamber of Commerce

Keywords: ITC blacklisting, trade marks, copyright, liquidations, sequestration,insolvency, conveyancer, Notar

Contact Amos Khumalo Attorneys Inc.


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