News & Insights
Misconduct without dishonesty? Tribunal clarifies the scope of Section 37D of the Pension Funds Act
A recent decision by the Financial Services Tribunal (“Tribunal”) has revisited an old but recurring question under the Pension Funds Act (“the Act”): can an employer rely on Section 37D(1)(b)(ii)(bb) to recover losses from an employee’s pension benefit where the employee’s conduct was grossly negligent, but not dishonest? The case arose from an incident at […]
November 04 2025
SA Patent Reform Underway: A Call for Balanced, Modern IP Laws
South African Institute of Intellectual Property Law (SAIIPL) has made a formal submission in response to the government’s planned reforms of the Patents Act and Designs Act. The submission welcomes the Department of Trade, Industry and Competition (the dtic) and the CIPC’s consultative approach and argues for a balanced, internationally aligned framework that strengthens patent […]
October 28 2025
Regional and International Trade Mark Filing Systems in Africa: A Cautionary Tale from Tanzania
In a significant ruling, the Tanzanian Court of Appeal—the highest court for both Mainland Tanzania and Zanzibar—held that trade marks registered through ARIPO are unenforceable in Tanzania. The Lakairo Case In Lakairo Industries Group Co. Limited v. Kenafrica Industries Limited (Civil Appeal No. 593 of 2022), the Court ruled on trade mark infringement claims […]
October 28 2025
Regulatory Update: Court suspends new Ministry oversight measures affecting IP processes in Kenya
The Ministry of Investments, Trade and Industry in Kenya recently issued a directive to the Managing Director of the Kenya Industrial Property Institute (KIPI), which provided that no trade marks, patents, or industrial designs are to be registered, renewed, or revoked without prior approval of the KIPI Board. The directive followed concerns that the KIPI […]
October 24 2025
Law vs Technology: the JHB High Court on virtual commissioning in a digital era
The JHB High Court recently delivered a significant case pertaining to virtual commissioning. This case presented a significant legal question regarding the validity of affidavits commissioned virtually, particularly when the deponent is located outside the Republic of South Africa (RSA) and the Commissioner of Oaths is within the RSA. The central issue was whether such […]
October 23 2025
Jurisdiction drawn at the line: Tribunal confirms limits of the Pension Funds Authority
A recent decision of the Financial Services Tribunal underscores a crucial distinction in pension law — the jurisdictional boundary between approved and unapproved benefits. The ruling confirms that the Pension Funds Adjudicator (PFA) has no authority to investigate complaints arising from employer-held, unapproved disability policies, even when such benefits are linked to a registered fund. […]
October 21 2025
Beyond the entity: Canadian court extends liability to Franchise principals
Facts In 2022, the Plaintiff sought to invest in a Sharetea franchise in Alberta. The Defendant was the master franchisee for Sharetea in Alberta, operated and controlled by an individual. The Defendant provided the Plaintiff with promotional materials and revenue figures for existing Sharetea locations, leading to a Memorandum of Understanding (MOU) in September 2022. […]
October 20 2025
Copyright 101: Understanding the Basics
Copyright is one of the most fundamental – yet often misunderstood – areas of intellectual property law. At its core, copyright protects the expression of original ideas, giving creators the exclusive right to control how their works are used, reproduced, and shared. From music, books, and films to software, photographs, and online content, copyright touches […]
October 16 2025
South Africa Prepares Major Patent and Design Law Reforms
South Africa is on the cusp of significant intellectual property law reform, with a new Patent Bill and Design Amendment Bill expected to be presented to the South African parliament in early 2026. The Department of Trade and Industry, together with the Companies and Intellectual Property Commission (CIPC), recently hosted a stakeholder workshop on 23 […]
October 15 2025
Patent landscape: South Africa leads Africa; Morocco, Algeria, Egypt, Nigeria in top five
The latest data on African patent activity for 2025 reveals South Africa as the continent’s clear leader, with 11,267 patents granted and 13,990 patent applications filed, underpinned by a robust research ecosystem, advanced legal frameworks, and a diverse industrial base. Nigeria follows with 1,081 granted patents and 1,104 applications, reflecting a dynamic innovation environment, particularly […]
October 15 2025
South Africa Launches National Action Plan Against Fake Medicines
South Africa has launched Africa’s first comprehensive National Action Plan (NAP) to combat substandard and falsified medical products, positioning the country as a continental leader in the fight against substandard and counterfeit medicines. Announced by Health Minister Dr. Aaron Motsoaledi, the NAP was developed by the South African Department of Health, South Africa’s medical regulatory […]
October 15 2025
OAPI doubles down on human capital: 20 years of APIDE and GI auditor training
The African Intellectual Property Organization (OAPI) celebrated the 20th anniversary of its Denis Ekani Intellectual Property Academy (APIDE) with an international symposium in Yaoundé, coinciding with the 26th African Technology and Intellectual Property Day. APIDE has become a continental center of excellence, offering advanced training in intellectual property through a range of programs, including a […]
October 15 2025
OAPI certifies “Malisogo” label to boost Malian meat exports
The African Intellectual Property Organization (OAPI) has officially certified the “Malisogo” label for all meat exported from Mali, marking a significant step in the country’s efforts to enhance the value, traceability, and marketability of its agricultural exports. The Malisogo label guarantees the origin and quality of Malian meat, providing assurance to international buyers and consumers […]
October 15 2025
Nigeria sharpens copyright enforcement with asset-recovery powers
The Nigerian Copyright Commission (NCC) has been designated a “relevant organization” under the Proceeds of Crime (Recovery and Management) Act, 2022, marking a significant shift in the country’s approach to copyright enforcement. This new status empowers the NCC not only to prosecute copyright offences but also to trace, freeze, seize, manage, and confiscate assets and […]
October 15 2025
Morocco and South Africa scale hydrogen R&D to grow local IP and industry
South Africa and Morocco are stepping up their investments in hydrogen research and development, aiming to position themselves as leaders in the emerging hydrogen economy. South Africa’s Vaal University of Technology recently opened a Center of Excellence for Hydrogen Energy, supported by Standard Bank, as part of the country’s long-term Hydrogen South Africa (HySA) strategy. […]
October 15 2025
Lesotho deepens IP reforms with ARIPO, targets key protocol ratifications
Lesotho is accelerating its intellectual property (IP) reforms through a high-level engagement with the African Regional Intellectual Property Organisation (ARIPO). In September 2025, the country’s Minister of Law and Justice led an official delegation to ARIPO’s Secretariat in Harare, Zimbabwe, to discuss strengthening Lesotho’s legal and institutional IP framework. The visit underscored Lesotho’s commitment to […]
October 15 2025
Côte d’Ivoire adopts a national IP strategy to power competitiveness
Côte d’Ivoire has taken a major step to strengthen its innovation ecosystem by adopting a comprehensive National Intellectual Property (IP) Strategy, approved at a workshop in Abidjan in August 2025. The IP strategy is structured around six key pillars: legislative reform, institutional capacity building, education and public awareness, anti-counterfeiting and anti-piracy measures, protection and promotion […]
October 15 2025
ARIPO’s Kampala seminar advances audiovisual rights and treaty uptake
The African Regional Intellectual Property Organisation (ARIPO), in partnership with WIPO, Fundación AISGE, the Global Audio-visual Alliance (GAVA), and Uganda’s Registration Services Bureau (URSB), hosted the 4th African Regional Seminar on Copyright and Related Rights in the Audiovisual Sector in Kampala from 10–11 September 2025. The event brought together representatives from collective management organizations, national […]
October 15 2025