Cape Town’s legal scene has a new name to watch. Rogan Bruce has just been appointed Director and Head of Trade Marks at Smit & Van Wyk, Inc., a leading Intellectual Property law firm with a footprint across South Africa and the rest of the African continent.
It’s a milestone nearly a decade in the making, built on a genuine love for trade mark law that started in a university lecture hall and grew into a career spent protecting brands, advising clients across dozens of industries, and now shaping the future direction of one of the region’s top IP firms.
We sat down with Rogan to talk career beginnings, memorable cases, mentors who made a difference, and where trade mark law might be headed as AI becomes part of everyday business. Here’s what Rogan had to say.
What qualifications did you obtain?
I studied at the University of Pretoria, where I obtained two degrees (BA Law and an LLB).
When did you join Smit & Van Wyk Attorneys?
I joined Smit & Van Wyk, Inc. in March 2016 as a Candidate Attorney in the trade marks department.
What made you choose law as a career?
Growing up, I was very unsure of what I wanted to do with my life. After high school, I was given the opportunity to study, and my dad actually suggested I consider law. After thinking it over, I realised that studying law would give me the opportunity to work in any industry I wanted, just on the legal side. Then I found IP law, and now I get to work with multiple industries in any given day.
What initially drew you to trade mark law?
In third year of law school, we had Intellectual Property as a subject, and I recall sitting in class listening to the lecturer explain how brands are protected and how you determine if one brand is confusingly similar to another.
The lecturer showed us examples of everyday brands and their imitations, then explained what rights a brand holder has, along with the defences and workarounds against infringement. I found it so interesting that I remember turning to my friends and saying, “This is exactly what I want to do when I leave university.”
What have been some of the key milestones in your career so far?
There have been a few milestones over the years, being admitted as an attorney and passing my specialist exams, but these are more compulsory milestones that have to be achieved if you want to progress in your career. That said, two milestones stand out to me in particular: handling my first case independently, and taking over management of the trade marks department.
Managing a case independently places you under significant pressure to perform, and it challenges the belief in your own abilities. After successfully completing that matter, and knowing I had handled it correctly, it was an incredibly rewarding experience.
Similarly, taking over management of the trade marks department was a significant milestone. It was extremely rewarding to know that the firm’s leadership had placed its trust in me to take on that responsibility, and that I had their support. It affirmed that my contributions to the firm and my abilities were recognised and valued.
What is the most interesting or challenging trade mark matter you have worked on?
I would honestly say all of my matters are interesting, because I genuinely enjoy what I do and find them all fascinating. That said, the most challenging matter I worked on related to the defence of a client accused of manufacturing counterfeit goods. The case was urgent, and I recall getting into bed at 2am and being back at work by 7am. I’m also currently busy with a matter that could easily be classified as the most interesting and enjoyable case I’ve ever worked on.
What does becoming a Director mean to you personally and professionally?
This is obviously a huge milestone and a pinnacle of anyone’s career. It’s something I’ve been working towards for some time. It’s a huge honour that I was considered for this role, and I believe it speaks to my commitment to the firm, its people, and our clients.
What are you hoping to contribute to the firm in your new role?
Overall, I want to help grow the firm into one of the leading IP firms in Africa. There is huge potential for growth in IP services across the continent, and if I can contribute to the firm’s successful expansion into Africa, and into other IP-related services, that would be amazing.
What changes are you seeing in the trade mark landscape in South Africa?
I wouldn’t say there have been significant changes in the overall landscape. However, more clients are aware of the value IP brings to a business, and they’re more active in seeking protection and enforcing their rights. More businesses are also becoming increasingly international, so clients are looking to protect their brands in multiple countries.
Where do you see the future of trade mark law heading, particularly with AI?
The fundamentals of trade mark law will likely remain the same. However, more people will likely become reliant on AI to create IP on their behalf, and to create IP agreements on their behalf. I anticipate more disputes arising over the rights relating to those creations and agreements.
I also anticipate that, at some stage, consumers may not be directly exposed to trade marks at all, and that AI shopping assistants will become the main entity exposed to brands in the marketplace. Whether this will affect the confusing similarity test, though, remains to be seen.
What are your goals for the next few years in your role as Director?
We have a team of very capable people, so over the next few years, I want to focus on expanding our IP services and improving their efficiency, not only in South Africa but across Africa.
What do you enjoy most about working in trade mark law?
I really enjoy the broad spectrum of industries we work with. It’s fascinating to be dealing with one industry in the morning and a completely different one by the afternoon. I’ve learnt so much about how different industries work, and sometimes I’ve been able to use knowledge from one industry to solve an issue in another.
Who or what has had the biggest influence on your career?
Without a doubt, I have two people to thank for positively influencing my career. Noelle Pearson, who was an absolute powerhouse of knowledge when it came to trade mark law, guided me through the fundamentals in my early career, and her tough love pushed me well beyond the limits I thought I had at that stage.
The other person is Gillian O’Leary, who, despite being a vastly more experienced attorney, always had time to encourage and support me. She guided me through many of my early cases and taught me to settle for nothing less than the best version of my work.
I’m the product of these two incredible women, and I have to thank them both for the confidence I have in myself when dealing with matters today.
If you had to describe your approach to practising law in three words, what would they be?
That’s a tough question. I’m not doing law just for the sake of doing law; I want to assist clients in the best possible way, and I think these three words capture that best:
Client-focused. Practical. Efficient.
What would your advice be to young people who want to pursue a career as a trade mark attorney?
I think pursuing trade mark law is an amazing choice. I consider it the fun side of law, although I suppose I’m not really qualified to make that statement, having never had the pleasure of discovering just how much fun conveyancing, family law, or insolvency law can be.
But all jokes aside, the best advice I can give is to come into every matter with an open mind and be prepared for your views to be challenged. If you want to be successful, you need a solid grasp of the fundamentals, which means you have to read, a lot, and the reading never stops.
Lastly, be patient with your mentors. Believe it or not, they’re human too, and were once in your position. They’ll guide you as best they can, but the more you put in, the more you’ll get out of them.
About Smit & Van Wyk, Inc.
Smit & Van Wyk is a leading law firm specialising in Intellectual Property law in South Africa and across Africa. The firm’s team of qualified patent and trade mark attorneys provides expert legal advice across all aspects of IP portfolios, helping clients safeguard their intellectual property rights and achieve their business goals.
Smit & Van Wyk also acts as a patent and trade mark agent across the African continent, including in OAPI and ARIPO member states, serving as a portal to Africa for foreign associates and multinational corporations.
