types of business licenses in south africa

South Africa does not have a specific legislation on intellectual property (IP) licensing, however, various IP Acts (such as the Patents Act No. Maintaining clear financial records is an essential part of running a business, and an important legal requirement. The law sees a company in the same light as a natural person. If intellectual property in your jurisdiction is jointly owned, is each co-owner free to deal with that intellectual property as it wishes without the consent of the other co-owners? Section 5(1) of the Competition Act prohibits agreements between firms in a vertical relationship that would have the effect of substantially preventing or lessening competition in a market or that relate to minimum resale price maintenance. It said in a statement on Thursday that the Ziphakamise Savings and . Download the application form (DD) below from the SOUTH AFRICAN DIAMOND AND PRECIOUS METALS REGULATOR. Getting familiar with the top funding types can be your first step toward making the right choice for your business. Additionally, Retail fuel licences allow businesses to purchase fuel from a wholesaler and sell it directly to consumers, without having to store fuel on their premises. The registration of IP rights originating outside or held by entities based outside South Africa should follow the standard registration processes in South Africa. Learn about the federal and state business licenses and business requirements for your new venture. Is your jurisdiction a first to file or first to invent jurisdiction? Finance your small business with business loans from Chase. Can unregistered trademarks, or other intellectual property rights that are not registered, be licensed in your jurisdiction? The deed of security must be lodged with the Registrar of Trade Marks in the prescribed manner, whereupon the Registrar shall endorse the register of trademarks to that effect. Hot sauces have become a staple in most South African households, serving as a sauce, spice and condiment, and enjoyed with a variety of meals. 195 of 1993 and Trade Marks Act No. When agreeing to arbitration of IP disputes, the parties should carefully consider the varying forms of dispute which may occur to ensure that such a clause does not fall foul of public policy restrictions on the arbitrability of disputes. A non-exclusive licence allows the patentee to retain the right to exploit the licensed property as well as the right to grant additional licences to third parties. Royalties and other payments, currency conversion and taxes. Before opening any business find out what the requirements are. IP rights are property rights, and are therefore capable of being subject to the usual security interests under South African law. When you choose Blue Fossil Energy as your fuel supplier, you can rest assured that you are getting high-quality fuel and exceptional service. State business license paperwork typically asks you for information such as: In some cases, you may also need county or city business licenses. Youll need to make sure your business operates in an appropriate setting. Foreign entities have the option to license into, or take part in a joint venture in, South Africa without establishing a branch office or subsidiary in South Africa. Are there any restrictions on an international licensing arrangement being governed by the laws of another jurisdiction chosen by the parties? The main benefit of a Wholesale fuel licence is that it allows businesses to purchase fuel at a lower cost per litre than if they were to purchase it from a retail petrol station. A juice bar is a shop that sells. Most businesses wont need a federal license. Keeping up with the legal requirements of a business in South Africa is necessary if you want to start your own business. Keep a step ahead of your key competitors and benchmark against them. When it comes to choosing the right fuel licence for your business, there are several factors to consider. Can the licensee be contractually prohibited from contesting the validity of a foreign licensors intellectual property rights or registrations in your jurisdiction? Are there any requirements to register a grant of international licensing rights with authorities in your jurisdiction? Can a trademark or service mark licensee in your jurisdiction sub-license use of the mark to a third party? Are there particular requirements in your jurisdiction to take a security interest in intellectual property? These include: Health clinics, spas, saunas, and public baths Massage parlors, laserand ultraviolet treatment centres Escort agencies Adult shops Cinemas Nightclubs Pool rooms Arcades Any business with three or more vending or slot machines Hawkers Places that serve food, provide take-aways or transport meals. Depending upon the structure of the licence agreement and whether royalties are to be paid, the prior approval of the South African Reserve Bank (SARB) would need to be procured for the outward payment of licence fees and royalties. Does the law allow a licensor to restrict disclosure or use of trade secrets and know-how by the licensee or third parties in your jurisdiction, both during and after the term of the licence agreement? Your information will then be captured electronically and submitted, along with your forms, to the relevant parties for comment. Business licenses are permits issued by government agencies that allow individuals or companies to conduct business within the governments geographical jurisdiction. Parties to agreements in South Africa are free to contract for any term that they wish. Is injunctive relief available in your jurisdiction? The main benefit of a Retail fuel licence is that it allows businesses to sell fuel directly to consumers, which can be more profitable than selling fuel to other businesses. The South African Patent Office, in consultation with the Department of Trade and Industry, is in the process of implementing substantive search and examination on selected fields of technology - as per the IP Consultative Framework, which was approved by the cabinet on the 6 July 2016. Describe any such requirements. Types of business licenses include: State and local operating licenses. Which businesses need trade licenses? In what circumstances may a foreign licensor be taxed on its income in your jurisdiction? Like many other business licenses, state tax licenses are good for only one year. Would a contractual provision addressing this issue be enforceable, in either case? The SARB has placed several restrictions on capital flows to and from South African. With the right license, businesses can ensure compliance with regulations and avoid costly penalties. This includes regulations related to the safety of employees and customers. Liability for death or personal injury as a result of gross negligence cannot be limited. Business banking services like QuickPay and wire transfers can help manage your outgoing payments and renewals. Sole Proprietorship A sole proprietorship is when there is a single founder who owns and runs. Licensors should be aware of the impact of inducing a licensee to enter into an agreement by misrepresentation, which can lead to rescission of the contract, or a payment in damages to the licensee. There is no fixed list on the types of IP that can be licensed, for example, licences for patents, trademarks, know-how, software, domain names, plant varieties and other IP rights. Section 60 of the Patents Act provides that a patent or a patent application may be hypothecated and such hypothecation may be recorded in the patent register. Step 1: Choose a suitable business structure. An exclusive licence permits only the licensee and persons authorised by the licensee to exploit the invention and therefore exclude all other persons from doing so, including the patentee. The DHA is custodian, protector and verifier of the identity and status of citizens and other persons resident in South Africa. Businesses must ensure that their fuel supplier has the correct licences and is compliant with the conditions set out by the South African government. For example, local agencies often issue permits to businesses that serve food or alcohol. Starting a business is exciting. Is there any distinction to be made with respect to improvements to which the licensee may have contributed? Are there any restrictions on transfer and remittance of currency in your jurisdiction? There is therefore no bar to a perpetual licence, but to ensure the functioning of the licence in practice, parties should contract clearly that the licence is in perpetuity, and also directly address termination. Preparation and proposed amendments to South African legislation is currently underway. Additionally, Wholesale fuel licences allow businesses to purchase fuel in bulk and store it on their premises, which can be more convenient for businesses with large fuel requirements. At this stage it would seem as if the Patent Office intends to only perform a substantive search and examination on patent applications pertaining to pharmaceuticals and other chemistry-based fields. A registered trademark may be hypothecated by a deed of security having the effect of a pledge of movable property. Exclusive grant-back provisions, where the licensee is required to assign or license improvements back to the licensor on an exclusive basis, are likely to breach competition law. Certain home-based businesses need home occupation permits. In terms of the legal requirements of a business in South Africa, you need to understand your specific industry and what types of licenses are involved. Local business licenses. If the contract only contains a penalty stipulation and no clause reserving the rights to claim damages then a partys claim would be limited to the amount of the penalty even if the possible damages claim exceeds the penalty. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)? Lastly, the business must maintain accurate records of all fuel products bought and sold, as well as all transactions related to the storage and handling of fuel. You can register a company as a non-profit company or profit company with the Companies and Intellectual Property Commission (CIPC). being a party to one or more employment contracts within the Republic; engaging in a course of conduct or has engaged in a course or pattern of activities in South Africa over a period of at least six months, such as would lead a person to reasonably conclude that the company intended to continually engage in business activities in South Africa; holding a meeting or meetings in South Africa of the shareholders or board of the foreign company, or otherwise conducting any of the companys internal affairs in South Africa; establishing or maintaining any bank or other financial accounts in South Africa; establishing or maintaining offices or agencies within South Africa for the transfer, exchange or registration of the foreign companys own securities; creating or acquiring any debts in South Africa, or any mortgages or security interests in any property in South Africa; securing or collecting any debt, or enforcing any mortgage or security interest in South Africa; and. Would a court judgment or arbitral award from another jurisdiction be enforceable in your jurisdiction? If youre a consultant or a freelancer, you may run your small business from your home. Formal accession and implementation by South Africa of the Madrid Trade Mark System is envisaged for 2020. While not all businesses need to register with the federal government, many need state licenses. Similarly, if a licensee is placed under business rescue, a business rescue practitioner will take control of the licensees assets. There are certain reliefs from the duty to deduct tax, the most common being where a double tax treaty (DTT) concluded between South Africa and the jurisdiction in which the licensor is resident provides that the rate of withholding is to be reduced. The parties may also agree to have the hearing conducted in a jurisdiction of their choosing. A wholesale fuel licence is required for businesses that sell fuel in bulk to other businesses or retailers. Typically, it will be a term of an IP licence that it will terminate in line with the expiry or invalidity of the right in question. Review your content's performance and reach. At Blue Fossil Energy, we understand the importance of obtaining the right fuel license and complying with all regulations. This not only ensures that the fuel supplier is operating legally but also protects the business from potential fines or legal issues that could arise from using an unlicensed supplier. Insurance coverage is available for those providing indemnities, and will be subject to the terms and conditions of the insurer. Can a foreign licensor license the use of an invention subject to a patent application but in respect of which the patent has not been issued in your jurisdiction? Many of these licenses apply only to larger companies. Are practices that potentially restrict trade prohibited or otherwise regulated in your jurisdiction? Paying taxes is one of the most important legal requirements of a business in South Africa.

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