Each holder of a South African patent, design or trademark portfolio will have developed a relationship with one or more of the South African IP firms. Any loyalty of a firm towards a client is best manifested in the work that a full service firm does for a client in the areas of litigation and the like. Since Geraldine L. Erlank & Associates, Inc. does not provide these services and is not in competition with full-service firms for these services, the relationship between the firm and the client in these areas should not be affected.

Because of the relatively few IP firms in South Africa, and the wide range of businesses around the world seeking to obtain patent, design, and trademark protection in South Africa, it is inevitable that competitors are often serviced by the same firm (and there is just no way to avoid this), i.e. it is necessary for the South Africa patent attorney and trademark agency firms to serve too many competing masters under the current situation in South Africa. Any attempt to extract a promise from a South African IP firm that it will not do work for a competitor, will most likely be met with (a) an explanation that South Africa has a registration system and not a prosecution system for patents and designs, (b) a statement that there are relatively few patent attorneys in South Africa, (c) an undertaking to keep an in-office register of opinions given by the IP firm to try and avoid different members of the firm giving opinions to competitors, and (d) an assurance that, in the event of litigation between clients, they will withdraw from the case and will assist the clients in obtaining alternative representation. In short it is virtually impossible for any South African IP firm to guarantee loyalty to any given client.

Doesn’t Geraldine L. Erlank & Associates Have the Same Conflict Issues?

The business of GLE is to acquire patent, design, and trademark protection in South Africa. It does not negotiate licenses or litigate. By limiting GLE’s services to the ex parte process of procuring patent, design, and trademark protection, conflicts of interest within the firm GLE generally do not arise.