(+27) 011 789 1783
As a joint South African and Irish initiative, we provide confidential advice and support to South African brands, sportspeople and celebrities on how to structure their intellectual property so as to maximise global protection and minimise taxation on royalty income.
WHY EMERALDSA?
Our founder is a dual Irish/South African national with over 20 years of experience in intellectual property, international trade and offshoring. He was awarded a certificate of merit for outstanding work in intellectual property by the University of Witwatersrand in 1993. We represent numerous global brands and have a strong network of agents in South Africa, Ireland, the Isle of Man and Mauritius.
As a joint South African and Irish initiative, we provide confidential advice and support to South African brands, sportspeople and celebrities on how to structure their intellectual property so as to maximise global protection and minimise taxation on royalty income.
WHY EMERALDSA?
Our founder is a dual Irish/South African national with over 20 years of experience in intellectual property, international trade and offshoring. He was awarded a certificate of merit for outstanding work in intellectual property by the University of Witwatersrand in 1993. We represent numerous global brands and have a strong network of agents in South Africa, Ireland, the Isle of Man and Mauritius.
TRADEMARKS, DESIGNS AND INTELLECTUAL PROPERTY
Our intellectual property lawyers specialise in protecting trademarks and designs through global registration. You can trust us to protect your intellectual property assets, including your brand.
Brand protection is a core concern for any business. Our firm has a specific passion for protecting intellectual property (IP) – and the firm’s founder was awarded a Certificate of Merit for outstanding achievement in intellectual property law by the University of the Witwatersrand.
We focus primarily on global trademarks and designs, including:
* trademark protection, both locally and abroad via our global agent network
* trademark licensing and franchising
* IP structuring for tax and other fiscal incentives
* externalisation, which involves exporting IP to tax and finance-friendly jurisdictions.
GLOBAL TRADEMARK REGISTRATION
A trademark is deemed an intangible asset and can be registered anywhere in the world. The country where a trademark is first registered is considered the fiscal jurisdiction for the purposes of taxation on any profit or royalties derived therefrom.
South Africans face high taxation and few fiscal incentives for registering trademarks locally. Instead, they can benefit by registering trademarks in a country such as Ireland – a member of the Madrid Protocol that offers a ZERO percent tax rate on global royalty revenue derived from trademarks.
WHY USE OUR GLOBAL REGISTRATION SERVICES?
Unlike non-practising agents offering trademark searches and registrations, our practising IP attorneys are legal specialists who are bound by professional ethics. They can guarantee the privacy and safety of your IP.
We understand the legal and commercial ramifications of IP registration and offer tax-efficient IP structuring.
In addition, we have the expertise to advise on and expedite global registrations. Our solid relationships with a network of agents abroad ensure a smooth process for our clients, preventing unnecessary delays and costs associated with rejections, conditions and oppositions.
TRADEMARKS, DESIGNS AND INTELLECTUAL PROPERTY
Our intellectual property lawyers specialise in protecting trademarks and designs through global registration. You can trust us to protect your intellectual property assets, including your brand.
Brand protection is a core concern for any business. Our firm has a specific passion for protecting intellectual property (IP) – and the firm’s founder was awarded a Certificate of Merit for outstanding achievement in intellectual property law by the University of the Witwatersrand.
We focus primarily on global trademarks and designs, including:
* trademark protection, both locally and abroad via our global agent network
* trademark licensing and franchising
* IP structuring for tax and other fiscal incentives
* externalisation, which involves exporting IP to tax and finance-friendly jurisdictions.
GLOBAL TRADEMARK REGISTRATION
A trademark is deemed an intangible asset and can be registered anywhere in the world. The country where a trademark is first registered is considered the fiscal jurisdiction for the purposes of taxation on any profit or royalties derived therefrom.
South Africans face high taxation and few fiscal incentives for registering trademarks locally. Instead, they can benefit by registering trademarks in a country such as Ireland – a member of the Madrid Protocol that offers a ZERO percent tax rate on global royalty revenue derived from trademarks.
WHY USE OUR GLOBAL REGISTRATION SERVICES?
Unlike non-practising agents offering trademark searches and registrations, our practising IP attorneys are legal specialists who are bound by professional ethics. They can guarantee the privacy and safety of your IP.
We understand the legal and commercial ramifications of IP registration and offer tax-efficient IP structuring.
In addition, we have the expertise to advise on and expedite global registrations. Our solid relationships with a network of agents abroad ensure a smooth process for our clients, preventing unnecessary delays and costs associated with rejections, conditions and oppositions.
IP IS INTANGIBLE
Intellectual property (IP) is intangible and can be housed in any country. However, the country you choose will affect your level of protection, tax liabilities and potential access to funding.
GLOBAL PROTECTION
The Madrid Protocol is the largest global trademark protocol and provides reciprocal protection in over 90 member states, including the United States, the European Union and most other countries in the developed world. South Africa is not a member of the Madrid Protocol, making it essential for South African businesses to register in a country that is a member.
MITIGATE TAXATION
South Africa has high taxation and offers little in the way of fiscal incentives, support or funding for the commercialisation of intellectual property. Also, the South African Revenue Service (SARS) specifically pierces the veil of locally registered image rights structures.
AVOID EXCHANGE CONTROL
South Africa’s exchange controls restrict the export of locally registered intellectual property. It is therefore sage to externalise IP at the outset, or as soon as possible, to minimise the transfer price and taxation.
HEDGE IN HARD CURRENCY
One of the biggest drawbacks of South Africa is the soft currency and the anomaly that SARS imposed CGT tax on the depreciation of the ZAR when hard currency is repatriated or disposed of. Avoid this altogether by ensuring global IP income is externalised.
IP IS INTANGIBLE
Intellectual property (IP) is intangible and can be housed in any country. However, the country you choose will affect your level of protection, tax liabilities and potential access to funding.
GLOBAL PROTECTION
The Madrid Protocol is the largest global trademark protocol and provides reciprocal protection in over 90 member states, including the United States, the European Union and most other countries in the developed world. South Africa is not a member of the Madrid Protocol, making it essential for South African businesses to register in a country that is a member.
MITIGATE TAXATION
South Africa has high taxation and offers little in the way of fiscal incentives, support or funding for the commercialisation of intellectual property. Also, the South African Revenue Service (SARS) specifically pierces the veil of locally registered image rights structures.
AVOID EXCHANGE CONTROL
South Africa’s exchange controls restrict the export of locally registered intellectual property. It is therefore sage to externalise IP at the outset, or as soon as possible, to minimise the transfer price and taxation.
HEDGE IN HARD CURRENCY
One of the biggest drawbacks of South Africa is the soft currency and the anomaly that SARS imposed CGT tax on the depreciation of the ZAR when hard currency is repatriated or disposed of. Avoid this altogether by ensuring global IP income is externalised.
Location, location, location! Just as it applies in property, the same goes for Intellectual property. Ireland – the Emerald Isle – is the preferred global domicile of many of the world’s leading brands, celebrities and sports stars. Leading corporations include Amazon, Apple, Dell, Facebook, General Electric, Google, GSK, Microsoft, Pfizer, Starbucks and Uber… Why?
Unlike certain other so-called tax havens, Ireland has a strong economy and provides commercial purpose for legitimate, lucrative hedging of South African IP royalties and endorsement income.
IRELAND’S ADVANTAGES 
Location, location, location! Just as it applies in property, the same goes for Intellectual property. Ireland – the Emerald Isle – is the preferred global domicile of many of the world’s leading brands, celebrities and sports stars. Leading corporations include Amazon, Apple, Dell, Facebook, General Electric, Google, GSK, Microsoft, Pfizer, Starbucks and Uber… Why?
Unlike certain other so-called tax havens, Ireland has a strong economy and provides commercial purpose for legitimate, lucrative hedging of South African IP royalties and endorsement income.
IRELAND’S ADVANTAGES
Location, location, location! Just as it applies in property, the same goes for Intellectual property. Ireland – the Emerald Isle – is the preferred global domicile of many of the world’s leading brands, celebrities and sports stars. Leading corporations include Amazon, Apple, Dell, Facebook, General Electric, Google, GSK, Microsoft, Pfizer, Starbucks and Uber… Why?
Unlike certain other so-called tax havens, Ireland has a strong economy and provides commercial purpose for legitimate, lucrative hedging of South African IP royalties and endorsement income.
GATEWAY
A gateway to markets in the European Union, United States and the United Kingdom.
GATEWAY
A gateway to markets in the European Union, United States and the United Kingdom.
GLOBAL PROTECTION
A member of the Madrid Protocol and EUIPO, providing reciprocal protection in all member countries via one trademark filing; this is significantly cheaper than filing in each country.
GLOBAL PROTECTION
A member of the Madrid Protocol and EUIPO, providing reciprocal protection in all member countries via one trademark filing; this is significantly cheaper than filing in each country.
LOW TAX
A 12.5% company tax rate, many IP related breaks and numerous breaks for global start-ups, including a three-year tax holiday.
LOW TAX
A 12.5% company tax rate, many IP related breaks and numerous breaks for global start-ups, including a three-year tax holiday.
DOUBLE TAXATION AGREEMENTS
Double taxation agreements with most Madrid Protocol members and with South Africa and Mauritius.
DOUBLE TAXATION AGREEMENTS
Double taxation agreements with most Madrid Protocol members and with South Africa and Mauritius.
SIMILAR ATTRIBUTES
English speaking and in the same time zone as South Africa.
SIMILAR ATTRIBUTES
English speaking and in the same time zone as South Africa.
SKILL STRENGTHS
A highly skilled and comparatively inexpensive workforce, which helps to ensure that your brand is in good hands.
SKILL STRENGTHS
A highly skilled and comparatively inexpensive workforce, which helps to ensure that your brand is in good hands.
EU FUNDING FOR BRAND R&D
Access to ample EU funding for brand R&D and US trade incentives, which we facilitate on behalf of South African agents and clients.
EU FUNDING FOR BRAND R&D
Access to ample EU funding for brand R&D and US trade incentives, which we facilitate on behalf of South African agents and clients.
EU COMPLIANCE & HARD CURRENCY
Ireland is an EU member and part of the Euro Zone meaning that it is subject to European Union corporate governance and has a hard currency backed by the European Bank.
EU COMPLIANCE & HARD CURRENCY
Ireland is an EU member and part of the Euro Zone meaning that it is subject to European Union corporate governance and has a hard currency backed by the European Bank.
EU & US CITIZENSHIP
Free movement within the EU and US citizenship is easily facilitated via Irish residency.
EU & US CITIZENSHIP
Free movement within the EU and US citizenship is easily facilitated via Irish residency.
GATEWAY
A gateway to markets in the European Union, United States and the United Kingdom.
GLOBAL PROTECTION
A member of the Madrid Protocol and EUIPO, providing reciprocal protection in all member countries via one trademark filing; this is significantly cheaper than filing in each country.
LOW TAX
A 12.5% company tax rate, many IP related breaks and numerous breaks for global start-ups, including a three-year tax holiday.
DOUBLE TAXATION AGREEMENTS
Double taxation agreements with most Madrid Protocol members and with South Africa and Mauritius.
SIMILAR ATTRIBUTES
English speaking and in the same time zone as South Africa.
SKILL STRENGTHS
A highly skilled and comparatively inexpensive workforce, which helps to ensure that your brand is in good hands.
EU FUNDING FOR BRAND R&D
Access to ample EU funding for brand R&D and US trade incentives, which we facilitate on behalf of South African agents and clients.
EU COMPLIANCE & HARD CURRENCY
Ireland is an EU member and part of the Euro Zone meaning that it is subject to European Union corporate governance and has a hard currency backed by the European Bank.
EU & US CITIZENSHIP
Free movement within the EU and US citizenship is easily facilitated via Irish residency.
WHY NOW?
Legitimately externalising intellectual property requires real commercial purpose, beyond just having a postbox in a tax haven.
If possible, the first port of registration should be with a Madrid Protocol member country like Ireland. If a trademark is registered first in South Africa, stringent exchange controls and taxes apply and it will therefore be necessary to engage with both SARS and SARB in a valuation and transfer pricing quagmire.
The more your brand or name increases in value, the greater the cost i.e. the sooner you externalise the better.
STEP 1 – Contact EmeraldSA
STEP 2 – Complimentary Consultation and assessment of dynamics
STEP 3 – Proposal of most efficient structure
STEP 4 – Set up, implementation
WHY NOW?
Legitimately externalising intellectual property requires real commercial purpose, beyond just having a postbox in a tax haven.
If possible, the first port of registration should be with a Madrid Protocol member country like Ireland. If a trademark is registered first in South Africa, stringent exchange controls and taxes apply and it will therefore be necessary to engage with both SARS and SARB in a valuation and transfer pricing quagmire.
The more your brand or name increases in value, the greater the cost i.e. the sooner you externalise the better.
STEP 1 – Contact EmeraldSA
STEP 2 – Complimentary Consultation and assessment of dynamics
STEP 3 – Proposal of most efficient structure
STEP 4 – Set up, implementation
GLOBAL BRANDS WE HAVE WORKED WITH:
GLOBAL BRANDS WE HAVE WORKED WITH:
GLOBAL BRANDS WE HAVE WORKED WITH:
To schedule a confidential discussion with one of our attorneys, supply your details by completing the form below:
To schedule a confidential discussion with one of our attorneys, supply your details by completing the form below:
(+27) 011 789 1783