IP Audit And Valuation Lawyers in Sandton

An IP audit and valuation in South Africa is a structured review of a business’s registered and unregistered intellectual property — trade marks, patents, designs, copyright and know-how — against the relevant South African IP registers, paired with a valuation opinion where one is required for a transaction, financing, taxation, deceased-estate or licensing purpose. For Sandton-based businesses the engagement is typically triggered by an M&A deal, a sale or purchase of IP, the use of trade marks or patents as security for finance, an exchange-control-driven cross-border IP transfer, or a periodic brand revaluation. Burger Huyser Attorneys fields this work through its Sandton branch (Block 3, 1st floor, Northdowns Office Park, 17 Georgian Cres E, Bryanston, Sandton, 2191, 011 253 3080) with specialist IP consultant Stefaans Gerber.

Why Sandton Businesses Commission IP Audits and Valuations

Intellectual property is one of the most valuable asset classes on a modern balance sheet, but it is rarely carried at a realistic value. Most businesses understate it — because the IP was never registered, because registrations have lapsed, or because the figure in the books has not been revisited. An IP audit or valuation is usually commissioned at the moment a transaction, lender, tax authority or executor forces the issue. The typical triggers are:

The typical triggers are:

• A business sale, acquisition, merger or restructuring where IP is on the deal sheet;
• The sale, licensing or assignment of a specific IP right;
• Raising debt against IP as security for finance (hypothecation);
• An exchange-control-driven cross-border IP transfer requiring SARB approval;
• Deceased-estate administration where brands or patents form part of the estate; and
• An audit-driven tax review or periodic brand revaluation.

Sandton’s concentration of corporates and financial institutions means this work is overwhelmingly transaction-driven — input into a deal, financing or estate document. Burger Huyser Attorneys, recognised as Commercial Law Firm of the Year 2025 — South Africa (5 Star Lawyers Awards 2025), runs commercial IP work through its Sandton branch with Stefaans Gerber.

What an IP Audit Actually Covers

An IP audit identifies the portfolio, verifies its legal status, maps the IP to the products and revenue lines it actually protects, and surfaces the gaps that should be addressed before a deal or financing closes. The Companies and Intellectual Property Commission (CIPC), through its IPOnline portal, administers the South African trade marks, patents and designs registers.

• Identification of the IP portfolio — patents, trade marks, designs, copyright, know-how and trade secrets — through CIPC register searches plus company-name and domain-name checks.
• Status verification on each registered right: renewal status, maintenance fees, recorded assignments and licences, and pending cancellations or expungements.
• Mapping the IP to the business — many companies carry dormant registrations that no longer match the products they were taken out to protect.
• Risk review — infringement exposure against the IP, and trade mark use for non-use expungement risk under the Trade Marks Act 194 of 1993.
• Unregistered IP — know-how, trade secrets and copyright works — ringfenced through confidentiality and IP-assignment provisions.
• IP-related agreements — employment contracts, R&D, co-existence, in-licences and out-licences.

What an IP Valuation Is, and When One Is Needed

An IP valuation is a separate, monetary opinion on the value of a defined IP asset or portfolio, conducted to an internationally accepted methodology (income, market or cost approaches, or the royalty-relief method for trade marks) and typically commissioned for a specific transaction, financing, audit or estate purpose.

Trigger	Typical use of the valuation opinion
Due diligence in a commercial transaction	Sale of a business or of a specific IP right
Hypothecation of IP as bank security	Trade marks or patents used as security for finance
Sale of a trade mark or portfolio	Standalone IP disposal
Auditing purposes	Financial-statement disclosure of intangible assets
Deceased estate	Where brands or patents form part of the estate
Tax structuring	Income tax, capital gains tax or transfer pricing support
Licence or royalty setting	Negotiating inter-company or third-party royalty rates

Best-practice guidance is to revalue brand portfolios at least every two to three years.

The Local Legal Layer: Exchange Control, Tax and the Consumer Protection Act

The Exchange Control Regulations, 1961, issued under the Currency and Exchanges Act 9 of 1933, include IP rights as “capital” — any assignment from a South African resident to a non-resident without prior SARB approval is a nullity. Approval is typically required before registering IP for non-resident owners, launching capital-investment projects that will generate IP locally, completing an M&A with an IP element, or executing any cross-border IP assignment. IP transactions also carry income tax, capital gains tax and withholding-tax implications, so the structure should be both tax-efficient and compliant with the Trade Marks Act 194 of 1993, the Patents Act 57 of 1978 and the Designs Act 195 of 1993, all administered through CIPC’s IPOnline portal. The Consumer Protection Act 68 of 2008 touches IP-adjacent issues — labelling, trade descriptions, comparative advertising — and forms part of the broader commercial-law framework.

What the Service Engagement Looks Like in Practice

The engagement typically moves through five stages:

1. Scoping call — confirm the trigger, the asset class in scope, and the deliverable (audit report, valuation opinion, or both).
2. Information gathering — register searches through IPOnline, the internal IP schedule, IP-related agreements, and employment or contractor paperwork.
3. Fieldwork — register inspections, IP-to-business mapping, agreement review, and (for a valuation) the methodology and assumptions.
4. Reporting — a written report setting out register-status findings, IP-to-business mapping, identified risks, and (for a valuation) a monetary opinion.
5. Post-report follow-through — register corrections, IP-agreement clean-up, and exchange-control approvals if a cross-border element is in scope.

Choosing an IP Audit and Valuation Lawyer in Sandton

For Sandton-based businesses, the practical question is not just who can do the work but who is set up to do it properly. The criteria that matter:

• Specialist IP input — the engagement requires a registered patent or trade mark attorney for technical IP; a generalist commercial lawyer can run it but should work alongside a registered IP practitioner.
• Valuation methodology — confirm the valuer works to an internationally accepted standard rather than producing a back-of-envelope figure.
• Cross-border reach — if any IP is held outside South Africa or any counterparty is non-resident, the firm should coordinate with foreign IP counsel and handle the exchange-control approval step.
• Transaction context — for an M&A or financing, the lawyer should understand the deal structure as well as the IP register, so the IP findings translate into deal-document protections.
• Local Sandton presence — proximity to the corporate client base means meetings and sign-offs can be handled without a Cape Town or Pretoria round-trip.
• Transparent cost conversation — fees should be quoted on a defined scope, with an indication of whether the valuation is fixed-fee or time-and-disbursements.

Burger Huyser Attorneys’ Sandton branch, co-directed by Anna-Mi Nel and supported by specialist IP consultant Stefaans Gerber, handles IP work in coordination with the firm’s commercial law practice, and refers or co-counsels where dedicated IP-boutique capacity is needed.

Frequently Asked Questions

What is the difference between an IP audit and an IP valuation?

An IP audit identifies, verifies and risk-assesses the IP a business owns or uses — what is registered, what is enforceable, where the gaps are. An IP valuation is a separate monetary opinion on the value of an identified IP asset or portfolio, conducted to an internationally accepted methodology. They are distinct deliverables.

When does a Sandton business typically commission an IP audit?

The most common triggers are M&A activity, the sale or licensing of a specific IP right, raising debt against IP as security, a cross-border IP transfer requiring SARB approval, audit-driven tax review, deceased-estate administration where IP forms part of the estate, and an internal portfolio review. Brand portfolios should be revalued every two to three years.

Does an IP audit involve searching the IP registers?

Yes — a core part of an IP audit is running name and right-holder searches across the CIPC trade marks, designs and patents registers via IPOnline, then inspecting each entry for legal status (renewal, maintenance fees, recorded assignments and licences, cancellations). The audit also reviews IP-related agreements to confirm IP rights are properly assigned.

Do I need a registered patent or trade mark attorney, or can my general commercial lawyer do the IP audit?

For technical IP — patents, trade marks, designs — a registered patent or trade mark attorney should be involved, because the audit turns on register law, classification and registrability a generalist commercial lawyer does not practise day to day. Burger Huyser routes IP work through Stefaans Gerber, specialist IP consultant (Patent & Trademark Attorney).

What is the exchange-control issue with cross-border IP transfers?

South Africa’s Exchange Control Regulations include IP rights as “capital,” so assigning IP from a South African resident or entity to a non-resident without SARB approval is null and void. Approval is also typically required before launching capital-investment projects that will create IP locally, and during M&A with an IP element. Any cross-border IP transfer should be cleared before signing.

Where is the Burger Huyser Sandton branch, and who handles the firm’s IP work?

Block 3, 1st floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, Sandton, 2191. Tel 011 253 3080, after-hours mobile 064 555 3358. The Sandton branch fields the firm’s IP capability through Stefaans Gerber, specialist IP consultant (Patent & Trademark Attorney).

If your Sandton business is preparing for an acquisition, disposal, financing against IP, brand revaluation, or cross-border IP transfer that requires exchange-control approval, contact Burger Huyser Attorneys’ Sandton branch on 011 253 3080 (after-hours 064 555 3358) or visit Block 3, 1st floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, Sandton, 2191. IP matters are handled through specialist IP consultant Stefaans Gerber, with commercial-law support from the Sandton branch’s commercial team. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”).

General Information Disclaimer: This article describes the general scope of an IP audit and valuation engagement in South Africa and Burger Huyser Attorneys’ related service offering through its Sandton branch and specialist IP consultant. It is general information, not legal advice for a specific transaction or IP matter — the scope, valuation methodology and exchange-control treatment of any IP work depend on the facts of the deal and the IP in question, and clients should confirm current requirements directly with a qualified attorney and, where relevant, the South African Reserve Bank before instructing.