South Africa has no special requirements for the registration of IP owned by foreigners, or for the registration of IP rights originating in another jurisdiction. A wholesale fuel licence is required for businesses that sell fuel in bulk to other businesses or retailers. Can unregistered trademarks, or other intellectual property rights that are not registered, be licensed in your jurisdiction? Commercial entities contracting in South Africa are able to agree to such terms as they wish, provided that the agreement is freely entered into by all the parties. Proof of ownership or lease agreement for the storage facilities, 4. 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. In this way, the licensor can protect its valuable IP assets. Local business licenses. Price fixing, collusive tendering and market division as well as minimum retail price maintenance are thus per se prohibitions in the Competition Act. This is something all businesses, and business wonders, require. Were here to help with your business banking needs. Most offer online applications so you can apply quickly. Trade secrets can be protected if it can be established that the information has the necessary quality of confidence, and that anyone with access to the information owes its owner a duty of confidence. The restrictions are regulated in terms to the SARB exchange control regulations. Royalties and other payments, currency conversion and taxes. You will also need to create clear employment contracts for any staff members, and ensure these contracts align with all legal employment requirements. There is no statutory right to sub-license in South African legislation. Are there any legal restrictions in respect of the following provisions in licence agreements: duration, exclusivity, internet sales prohibitions, non-competition restrictions and grant-back provisions? 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. 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. This includes regulations related to the safety of employees and customers. There are no formal requirements for pre-contractual disclosure of non-franchise licence agreements in South Africa. Ensure you and your staff understand the relevant labour laws. If not, or if it is not advisable for other reasons, are there other means of addressing concerns relating to perpetual licences? Parties are free to agree to submit their disputes to arbitration. Having a separate business bank account or credit card is important here, as it allows you to separate your businesss finances from your personal finances. Parties to agreements in South Africa are free to contract for any term that they wish. If so, is there a legal definition of trade secrets or know-how? The amount and types of taxes you pay depend on your business structure and revenue. If so, what conditions must be met for a contractual waiver to be enforceable? Are co-owners of intellectual property rights able to change this position in a contract? To get a federal business license, visit the appropriate agencys website. Is there any legislation that governs the nature, amount or manner or frequency of payments of royalties or other fees or costs (including interest on late payments) in an international licensing relationship, or require regulatory approval of the royalty rate or other fees or costs (including interest on late payments) payable by a licensee in your jurisdiction? Make deposits and withdrawals at the ATM with your business debit card. Industries that commonly require professional licenses include: Getting a professional license may take longer than getting a business license and may be dependent on you having some or all of the following: Check with your professional association to find out more about the rules. LinkedIn and 3rd parties use essential and non-essential cookies to provide, secure, analyze and improve our Services, and (except on the iOS app) to show you relevant ads (including professional and job ads) on and off LinkedIn. Proof of ownership or lease agreement for the storage facilities 4. DOCUMENTS REQUIRED: BUSINESS - Department of Home Affairs It is also common in such agreements to include an express reference granting the right to seek an injunction as first recourse in the event that the information is lost or misused. Chase offers a wide variety of business checking accounts for small, mid-sized and large businesses. A valid business registration certificate 2. Step 3:Payment of FeeAn application fee (annually increased as per Councils tariff structure) is payable at the cashiers for the application of a business license.A receipt will be issued for the fees paid. Parties are free to contract so as to restrict the disclosure of trade secrets to third parties, and will ordinarily do so. This being said, unilaterally disabling a licensees software would be an at-risk decision for the licensor, as if the licensor was wrong about the breach, or if the breach was ultimately not material, the licensor would itself be in breach of the licensee. Kinds of licences Forms of licence arrangement Identify the different forms of licence arrangements that exist in your jurisdiction. To obtain a Retail fuel licence, businesses must meet several requirements, including: 2. Similarly, if a licensee is placed under business rescue, a business rescue practitioner will take control of the licensees assets. Health and safety inspection and food service license: Expect your cooking area and restaurant to be inspected to ensure you meet the necessary sanitation and handling guidelines. In some cases, you may also need county or city business licenses. A patentee so joined as a defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. In this article, we will explore the differences between wholesale and retail fuel licences in South Africa, and who should use each type of licence from a business perspective. 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. When you submit your application, you need to attach copies of your company memorandum and articles or a founding statement if it is a close corporation, the identity documents or passports . Copyright 2023 Government of South Africa. This demand is expected to grow in the coming, With an increasing number of South Africans embracing healthier lifestyles, theres never been a better time to start a juice bar business. Have courts in your jurisdiction held that certain uses (or abuses) of intellectual property rights have been anticompetitive? The Patents Act restricts the use of certain licensing terms as listed under question 7. Reserve Bank issues new co-operative banking licence Learn about the federal and state business licenses and business requirements for your new venture. 1. While license rules vary by city and county, some common local business licenses include: Operating licenses. Is injunctive relief available in your jurisdiction? 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. By choosing a licensed fuel supplier that meets all the requirements, businesses can feel confident that they are receiving high-quality, legal fuel products. From a business perspective, a retail fuel licence is ideal for businesses that want to diversify their product offerings and provide a one-stop shop for their customers. All Rights Reserved, Department of Health's Covid-19 online resource and news portal, register a company as a non-profit company or profit company, Companies and Intellectual Property Commission, Companies and Intellectual Property Commission (CIPC). The Legal Requirements of a Business in South Africa | SMESA Government agencies issue many different types of business licenses. The fuel manager must hold a valid Fuel Installation Licence and undergo regular training to keep their knowledge up to date. This can be applied for at your nearest SAPS statio. The South African common law and case law contains a substantial body of law, clarifying these rights. The main factor is the type of business you operate and whether you sell fuel to other businesses or directly to consumers. Its vital to know which licenses you need and how to secure them. As a small business owner, you should also pay attention to the expiration dates for your licenses. Subject to the provisions of any licensing agreement, there is nothing in South African legislation to restrict a foreign owner or licensor from commencing proceedings without joining the South African licensee. It is therefore to be recommended that any use of disabling code is subject to typical material breach notifications and procedures. Building permits. If so, must the arbitration proceedings be conducted in your jurisdiction or can they be held in another? Compare savings accounts and find the right business savings account for you. One of the biggest advantages of buying fuel from Blue Fossil Energy is that we provide bulk fuel and lubricant solutions. This licence allows you to purchase fuel in bulk and sell it to other businesses at a lower cost per litre, which can be more cost-effective for your business. A valid safety certificate for the premises, 5. If you operate a retail business, such as a petrol station or convenience store, a Retail fuel licence is likely the best option. Several provisions of the Competition Act are relevant. According to Section 1 of the Business Act 71 of 1991, businesses that require trading licences include: Food establishments where customers can eat and get takeaways or perishable foodstuff. Compare the benefits of the Ink business credit cards. If the licensor is a foreign company that is either a profit or non-profit entity, or carrying on business or non-profit activities, as the case may be, in South Africa, then it is required to register with the Companies and Intellectual Property Commission (CIPC) as an external company within 20 business days after it first begins to conduct business in South Africa. The law sees a company in the same light as a natural person. More convenient than cash and checks money is deducted right from your business checking account. The duration of a licence rarely leads to competition concerns in itself, although it can be problematic where restrictions continue to apply to a licensee after a licensed right has expired. Find a variety of financing options including SBA loans, commercial financing and a business line of credit to invest in the future of your business. Business Licences in South Africa | SME South Africa When expanded it provides a list of search options that will switch the search inputs to match the current selection. Are there any restrictions on an international licensing arrangement being governed by the laws of another jurisdiction chosen by the parties? is a wholly-owned subsidiary of JPMorgan Chase & Co. Apply For A South African Business Permit | SAvisas.com Copyright 2006 - 2023 Law Business Research. If the licence remains in effect, can royalties continue to be levied? Practically speaking, software has a limited lifespan relative to the copyright protection it is entitled to, and accordingly parties are unlikely to come upon issues of enforceability owing to duration. The 4 Most Popular Types of Businesses and How To Choose One - Shopify Many states also require professional licenses and certifications to work in certain fields. The licensee can contractually agree to obtain an irrevocable right to continue using the IP, should the licensor be liquidated. Would a court judgment or arbitral award from another jurisdiction be enforceable in your jurisdiction? Firstly, the business must have a suitable storage facility for the fuel products they intend to sell. One of the most important is obtaining the necessary business licenses under federal, state and local law. Business Licences Certain businesses need a licence to operate. Can the parties contractually agree to arbitration of their disputes instead of resorting to the courts of your jurisdiction? to make sure JavaScript is turned on. Your state likely provides online resources that list the requirements for state licenses. Profit companies may be incorporated under . 57 of 1978 (PA); Plant Breeders Rights Act No. Regulation 10(4), stipulates for purposes of 10(1)(c) that: capital shall include without derogating from the generality of that term, any IP right, whether registered or unregistered; and exported from the Republic shall include, without derogating from the generality of that term, the cession of, the creation of a hypothec or other form of security over, or the assignment or transfer of any IP right, to in favour of a person who is not resident in the Republic. If a licensor has suffered a withholding, it may be able to claim credit for South African tax withheld in its home jurisdiction, either under local law or under the provisions of any applicable DTT. Non-exclusive grant-backs are permitted under the Competition Act. A retail fuel licence is required for businesses that sell fuel directly to the public. Can the licensee be contractually prohibited from contesting the validity of a foreign licensors intellectual property rights or registrations in your jurisdiction? Step 5: Staying compliant with accounting and tax obligations. Download the application form (DD) below from the SOUTH AFRICAN DIAMOND AND PRECIOUS METALS REGULATOR. 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? Step 2:The following completed forms may be required when applying for a non-hawker business licence: When you are applying for a health and entertainment license, a SAPS Clearance Certificate will be required. Read our full Privacy Policyhere, Mushroom farming remains relatively niche in South Africa. This is typically the licensing entity, but copyright ownership should be checked in advance of entering into any licence. Are disclaimers and limitations of liability generally enforceable? This means that businesses can sell fuel to their customers at a lower price while still making a profit. General business license. Are there are any associated regulatory reporting requirements? A valid safety certificate for the storage facilities, 6. Parties will frequently wave or limit their liability, and such limitations will generally be enforceable provided that they are seen as fair and reasonable. Getting familiar with the top funding types can be your first step toward making the right choice for your business. published editions - 50 years from the end of the year in which the edition is first published. acquiring any interest in any property in South Africa. Business banking services like QuickPay and wire transfers can help manage your outgoing payments and renewals. The South African law in this area is subject to evolution and the facts of each case would need to be considered. 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. Generally, and without an agency relationship being present, a sub-licence will only be as good as the head licence. The Consumer Protect Act further limits the instances when tying of products is permissible. Check with your Secretary of States office or state Department of Commerce to confirm if you need a license. Can the licensor structure its international licence agreement to terminate it prior to the bankruptcy and remove the licensees rights? The South African Patents Act contain provision on compulsory and cross licences. The parties may also agree to have the hearing conducted in a jurisdiction of their choosing. Businesses also need to comply with relevant health and safety regulations for their industry. Does your business need a trade licence? | Aldes Business Broker Adequate safety and fire prevention measures in place, 3. Is your jurisdiction party to the Paris Convention for the Protection of Industrial Property? A business license shows that the company is in compliance with the rules required to obtain a license. This means that you can order large quantities of fuel at competitive prices, which can help you save money in the long run. The South African Reserve Bank has announced the issuing of another Cooperative Banking Licence. Upon a licensee becoming insolvent, a liquidator will be appointed to take control of the licensees assets. Partnerships are single businesses with two or more owners. As software can be protected by copyright, an exclusive licence to a piece of software should be in writing and signed by or on behalf of the copyright owner. Outlooks and past performance are not guarantees of future results. You can register a company as a non-profit company or profit company with the Companies and Intellectual Property Commission (CIPC). Finance your small business with business loans from Chase. 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? Conducting its business includes: Each company or external company must: continuously maintain at least one office in South Africa and register the address of its office, or its principal office if it has more than one office. However, if you make or sell products regulated by the federal government, you may need a license from the applicable federal agency before you start up. You can register a company as a non-profit company or profit company with the Companies and Intellectual Property Commission (CIPC). Six types of business licenses: How many does your business need? They also share the profits from the company. The registration of IP rights originating outside or held by entities based outside South Africa should follow the standard registration processes in South Africa. Select Accept to consent or Reject to decline non-essential cookies for this use. There is no restriction in South Africa against the inclusion of disabling code in software, and indeed a licensor would be wise to include such a power in order to maintain control against misuse or infringement of its IP rights. , Inventory management can help maintain cash flow, , 6 ways digital banking can help your business. In terms of legal requirements of a business in South Africa, businesses can choose between the following different structures: If you do not operate as a sole proprietor, you will need to register the business with the Companies and Intellectual Property Commission (CIPC) or with the relevant regulatory body, depending on the type of business. In order to protect the parties positions, IP owners should ensure that the effect of termination of a head-licence is clearly stated with respect to any sub-licences. However, where an agreement is silent on both its term and termination the courts will imply a term that an agreement is terminable on reasonable notice, though reasonableness will be judged on the facts at hand in each case, rather than a statutory standard. If a recipient then discloses that information in breach of that confidence, legal action can be taken by the owner. It remains unclear exactly how and when substantive search and examination will be implemented, however, the Patent Office has indicated that the implementation date is imminent. For Informational/Educational Purposes Only: The views expressed in this article may differ from other employees and departments of JPMorgan Chase & Co. Views and strategies described may not be appropriate for everyone, and are not intended as specific advice/recommendation for any individual. Visit our Developer Center to find Payments APIs, developer tools, and documentation. 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. How To Get a Business License in 3 Simple Steps - Shopify Licensing in South Africa - Lexology Having a business license is beneficial to both the company and the company owner, respectively. Insurance coverage is available for those providing indemnities, and will be subject to the terms and conditions of the insurer. Is your jurisdiction a first to file or first to invent jurisdiction? You can update your choices at any time in your settings. The law sees a company in the same light as a natural person. South African courts have a limited discretion to imply terms into agreements, where such a term is required to give business efficacy to an agreement, or is obvious to both parties to have been a term at the time of formation; however, the courts will not intervene to resolve a bad bargain where both parties have freely entered into the agreement, to the ultimate detriment of one or both. 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.
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