Commercial & Corporate Services

KISCH IP’s Commercial Department has an in-depth understanding of the business and economic environment in which our clients operate. We service clients from a range of different industries, such as cosmetics, food, fast-moving consumer goods, information and communication technology, heavy engineering, electronics, health, pharmaceutical, agriculture and mining.

IP Commercialisation & Licensing

These agreements can include the sale or licensing of technology or brands, the structuring of such transactions (and the regulatory controls involved), and agency, distributorship, franchise, manufacturing and sponsorship agreements. They range from patent and trade mark, registered design and copyright licensing of high technology, chemicals and fast-moving consumer goods to general commercial agreements.

KISCH IP assists clients with the structuring of IP within the company groups, and the management of IP within such company groups.We also assist our clients with their IP policies and manuals, thereby allowing them to protect their valuable IP within their group structures.

KISCH IP negotiates, structures and drafts licence agreements, while advising on deal structuring, tax structuring and exchange control approval.

Franchising

KISCH IP has extensive experience in advising and assisting Franchisors with the preparation of Franchise Agreements, Disclosure Documents and Operations Manuals. We also assist Franchisees with the negotiation and acquisition of their franchises. We provide both Franchisors and Franchisees with advice on the structuring of franchise businesses, dispute resolution and compliance with the provisions of the Consumer Protection Act. KISCH IP is a franchise legal services provider accredited by the Franchise Association of South Africa (FASA).

Consumer Law

The recent introduction of consumer legislation, be it the Protection of Personal Information Act (POPI),  Consumer Protection Act (CPA), the National Credit Act (NCA) or the Electronic Communications and Transactions Act (ECTA), has changed the business landscape in which our clients operate. We advise clients on compliance with this legislation and the practical impact it has on their business enterprises.

The ECTA, for instance, focuses on the protection of consumers in an online environment. If your website targets consumers in the online environment, it is important that the provisions of this Act are adhered to. KISCH IP can investigate your website to determine if all requirements are being met, and if not, advise you on how to comply.

Legal Compliance

KISCH IP provides our clients with practical advice on compliance with new legislation by providing them with compliance workshops, training and audits, thereby ensuring that our clients and their employees understand the impact of new legislation on their businesses and that they are ready to comply with the demands of an ever-changing legal environment.

Mergers & Acquisitions

Kisch IP’s Commercial Department is experienced in the structuring, negotiation and implementation of takeovers, mergers, acquisitions and joint ventures. We advise our clients on any company law compliance matters and shareholder-related matters, including the structuring and drafting of shareholder agreements and empowerment transactions.

Commercial Transactions

KISCH IP provides a comprehensive range of services pertaining to the negotiation, structuring and drafting of a variety of commercial transactions and agreements. These may involve entities ranging from complex multinational corporations to start-up enterprises.

Data Law and Privacy

The protection of data and the privacy of personal information is fast becoming an important legal issue, which impacts on most businesses. This is highlighted by the recent enactment of the Protection of Personal Information Act (“POPI”). We are able to advise clients on the impact of and compliance with the far-reaching provisions of POPI.

Know-How in the form of operational information and data lies at the heart of a business and this Know-How forms the backbone of the application, use and commercialisation of the other forms of intellectual property within an organisation. KISCH IP is dedicated to helping our clients to protect their Know-How data as part of those intangible assets that help them to stand out from their competitors. We are able to advise our clients on document retention and security policies, confidentiality and non-disclosure agreements, and to assist them with enforcing the protection of their Know-How.

Exchange Control Regulations

All transactions between South African residents and counter-parties outside South Africa are affected, in one way or another, by the South African Exchange Control Regulations. KISCH IP has a great deal of experience in obtaining approvals, directives and rulings from the authorities, where required.

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