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Honey & Blanckenberg

Address 200 Herbert Chitepo Ave Harare Zimbabwe Tel: (0242) 251 331 / 251 334 / 251 339 / 251 388 / 251 412 / 735 280-6 Cell: 0733 436 165 Fax: (0242) 790 013 / 792 537 Website: Website

Information

Notes

TRADE MARKS

A “trade mark” is a sign used in relation to goods and services by a person or company for the purpose of indicating a connection between them and their goods or services, and distinguishing them from similar goods or services of others. This includes a word, brand, device, emblem, label, logo, packaging, slogan, symbol or any combination thereof.

Trade marks are valuable business assets which if properly cultivated can provide a business with a competitive edge and can be licensed or sold. A look at the value of some of the world’s famous trade marks shows that trade marks can be worth a great deal. It is therefore important for a business to protect its trade marks through registration. Registration of one’s trade mark provides the owner with a statutory right to protection of the trade mark throughout the country or region. In the event of use of an identical or similar mark by a competitor, the owner of a registered trade mark can protect the mark through the statutory infringement action, which is easier than relying on the common law action of passing off.

The Trade Marks practice provides advisory and registration services to local and international clients related to trade mark protection and enforcement in Zimbabwe, the African Regional Intellectual Property Organisation (ARIPO) and the World Intellectual Property Organisation (WIPO).

The Trade Marks section provides the following services: trade mark searches, filing and prosecution; oppositions; renewals; recordal of changes; recordal of transfer of rights including licenses, mergers and assignments; enforcement and anti-counterfeiting litigation.

PATENTS

A “patent” is a legal document which defines the scope of the invention for which the inventor, or the owner of the invention, has the exclusive right, for a defined term, to control the use or disposal of the invention as defined in the patent application.

The firm’s Patent division provides advisory and registration services to local and international clients related to patent protection and enforcement in Zimbabwe and the African Regional Intellectual Property Organisation.

The Patent practice provides maintenance services for patent filings and registrations; recordals of changes of particulars of patent proprietors; recordals of transfers of patent rights including licenses, mergers and assignments; civil and criminal protection, enforcement and litigation of patent rights; registry searches; litigation of disputes between inventors; oppositions to third party filings; and the defence of objections to any patent filings and registrations made by our clients.

COPYRIGHT

Copyright is a legal right which subsists in a creative work and which by virtue of the statute governing copyright in permits the owner thereof to authorise other persons to do the things which the copyright law designates in relation to that work.

Works which are eligible for copyright protection in Zimbabwe include literary works, musical works, artistic works, audio – visual works, sound recordings, broadcast, programme carrying signals and published editions.

Unlike patent law and industrial design law, no formality is required for the registration and protection of copyright in Zimbabwe.

The Patent division provides services related to the transfer and exploitation of copyright, folklore and performer’s rights including licenses, civil and criminal protection and enforcement.

INDUSTRIAL DESIGNS

An industrial design is that aspect of an article which is ornamental or aesthetic. It may consist of features such as the shape, surface, patterns, lines or colour.

Industrial designs are applied to a wide variety of products in industry and handicrafts such as vehicles, electrical appliances, toys, textile designs and pottery.

The Patents division provides advisory and registration services to local and international clients related to industrial design protection and enforcement in Zimbabwe and the African Regional Intellectual Property Organisation.

It advises clients on the legal requirements for industrial design protection and prepares, files and prosecutes applications for the registration of industrial designs.

The Patents division provides maintenance services for industrial design filings and registrations; recordal of changes of particulars of proprietors of industrial design, recordal of transfer of industrial design rights including licenses, mergers and assignments.

The services provided include civil and criminal protection and enforcement of industrial design rights; registry searches; litigation of disputes between designers and employers; oppositions to third party filings; and the defence of objections to any industrial design filings and registrations made by our clients.

UTILITY MODELS

A utility model is an intellectual property right granted for inventions. It is similar to a patent but has a shorter term and the requirements for registration are less stringent than that for a patent.

Our Patents Department provides advisory and registration services to local and international clients related to utility model protection and enforcement in African Regional Intellectual Property Organisation only as utility model protection is not available in Zimbabwe.

The registration services include filings in the African Regional Intellectual Property Office with specific reference to those member states whose domestic legislation recognises utility model protection.

Our Patents Department provides maintenance services for utility model filings and registrations; recordal of changes of particulars of proprietors of utility models; recordal of transfer of utility model rights including licenses, mergers and assignments.

Our Intellectual Property Practice is ranked in Chamber’s Guide to leading intellectual property attorneys.

CORPORATE & COMMERCIAL

The Corporate & Commercial Department is headed by Batanai Peresuh. It focuses on:

  • mergers and acquisitions,
  • debt restructuring,
  • company registrations,
  • contract negotiation and drafting (including employment contracts and policies),
  • securities,
  • tax,
  • trade,
  • finance,
  • ITCT,
  • aviation law,
  • insurance law,
  • competition law,
  • energy and mining law,
  • infrastructure development,
  • banking law,
  • trade and commercial law,
  • compliance and regulatory law,
  • alternative dispute resolution and
  • litigation.

CONVEYANCING

The Conveyancing Department of Honey & Blanckenberg specialises in the conveyance of immovable property in Zimbabwe including residential, commercial/industrial, municipal property and new development projects.

Such conveyancing service includes applications for rates clearance certificates, capital gains tax clearance certificates as well as applications for certified copy of lost deeds of title.

The Conveyancing Department also handles the registration and cancellation of long leases, servitudes, mortgage bonds and notarial general covering bonds.

INSURANCE

Honey & Blanckenberg provides legal services in insurance matters including arbitration and litigation to insurers and policyholders for different types of losses including personal injury, wrongful death, and property losses.

NOTARIAL PRACTICE

Notarial work is done by those of our Partners and Associates who are Notaries Public. The work includes preparation and registration of notarial general covering bonds, notarial cession of book debts, notarial servitudes, protesting bills of exchange, notarial mining leases, notarial deeds of trust including family trusts and benevolent trusts, notarial deeds of separation, notarial deeds of change of name, notarial employee and management share ownership trust.

Honey & Blanckenberg also offers a notarial service for the attestation and certification of, powers of attorney certification and authentication of documents, and preparing notarial certificates.

WILLS & DECEASED ESTATES

The Wills & Deceased Estates Department provides legal services relating to the preparation and execution of wills, including the periodic review and alteration of such wills. In addition the department administers the estates of deceased persons whether testate or intestate including the sealing of foreign letters of administration and compiling documents for foreign probate.

LABOUR LAW

This is done in the Litigation & General Work Department. The work includes labour litigation from disciplinary hearings in the work place and appeals in the Labour and Supreme Courts as well as attending to conciliation procedures before labour officers and designated agents.

The department also attends to the drafting of codes of conduct, employment contracts and contracts pertaining to termination of employment.

FAMILY LAW

This is done in the Litigation & General Work Department. The work includes litigation and mediation in family matters ranging from divorce, division of the matrimonial estate to guardianship, custody, access and maintenance of children.

In addition the department drafts ante and post nuptial agreements and attends to litigation in contested deceased estates.

HUMAN RIGHTS & CONSTITUTIONAL LAW

This is done in the Litigation & General Work Department. The work includes enforcing and enhancing the rights enshrined in the Constitution of Zimbabwe.

Examples of past work include the right of a married woman to obtain a passport for her minor child, the rights of detained persons to decent conditions in police cells, the right of a woman not to change her name upon marriage, the rights of pregnant trainee teachers to continue with their education, the right to a clean and safe environment, and the right to property as well as administrative rights.

CRIMINAL LITIGATION

This is done in the Litigation & General Work Department. The work includes representing corporate and individuals who are under investigation or are assisting the police with investigations, defending accused persons before the Magistrate’s Court and High Court and attending to bail and appeals as well as handling watching briefs.

CIVIL LITIGATION & GENERAL WORK

This is done in the Litigation & General Work Department. The department prosecutes and defends all civil litigation in all courts and tribunals such as the Magistrates Courts, the Labour Court, the Administrative Court, the High Court, the Supreme Court, the Constitutional Court, the Fiscal Appeals Court, the Special Court for Income Tax Appeals, the Intellectual Property Tribunal and the Rent Board.

The matters handled may be delictual, contractual or statutory or may relate to intellectual property. The work includes drafting legal instruments such as:

  • affidavits;
  • contracts; and
  • rendering advice and opinions.

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200 Herbert Chitepo Ave Harare Zimbabwe