News & Insights
Year-End Functions and the Question of Liability: What Employers and Insurers Should Consider
As the festive season approaches and offices across South Africa gear up for year-end celebrations, employers would do well to pause before popping the champagne. Behind the glitter and goodwill of the office party lies a web of potential liability — and, too often, a dangerous gap in insurance coverage. Year-end functions are a staple […]
October 07 2026
Chat Chat Chatterbot - Shall We Register Your Name?
So, you have birthed a chatbot and given it a name, what now? Should you register the name of the chatbot as a trade mark? The answer is a simple one, yes. If the chatbots are customer-facing, particularly where the names are being promoted as identifiable brand assets, then you should consider registering the name […]
October 06 2026
Tacos, trade marks and the CHINGADA’S question: The curious case of a Cape Town restaurant name
I went to Chingada’s in Cape Town this week for Taco Tuesday. It is a striking restaurant: colourful, theatrical and deliberately Mexican in its presentation. As tends to happen when one encounters an unfamiliar foreign word above a restaurant, I wondered what Chingadas actually means, which sent me down a rather more interesting rabbit hole. […]
October 06 2026
Legal Update | Fair Competition Commission (FCC), Tanzania
Tanzania FCC clarifies its position regarding the use of foreign trade mark certificates in support of the Mandatory recordation: 28 July 2026 | Fair Competition Commission (FCC), Tanzania. The Fair Competition Commission (FCC) has issued an important clarification regarding the eligibility of foreign trade mark registrations for use in support of the applications for Mandatory […]
October 02 2026
Your Brand Crossed the Border. Did Your Trade Mark?
Why foreign brand owners should protect their trade marks in South Africa By Amina Suliman and Ntethelelo Ndaba Your Brand Is Here. Are Your Rights? Expanding into a new market is exciting. Businesses spend considerable time planning product launches, negotiating commercial agreements, appointing local partners and pursuing growth opportunities. Yet one of their most valuable […]
October 01 2026
Frozen Accounts and Fraudulent Funds: Navigating the Rights of Banks, Customers and SARS
A recent judgment of the High Court has affirmed the right of a bank to freeze a customer’s account without prior notice where it reasonably suspects that the account has received the proceeds of fraud. The judgment also confirmed the validity of a third-party notice issued by the South African Revenue Service (“SARS”) under section […]
September 30 2026
South Africa further strengthens its position as production base for global commercial exploitation of new plant varieties
Plant breeders’ rights remain central in securing investment in local production capacity South Africa has opened a new export market for locally produced cherries. On 8 September 2026, South Africa and China signed a protocol permitting the export of South African produced cherries to China for the first time. China imported about 586,900 tonnes of […]
September 30 2026
Gambling Advertising Crackdown Signals Heightened Compliance Risk
South Africa’s advertising and gambling regulators have formalised a strategic alliance aimed at strengthening the regulation of gambling advertising. With increased focus on digital campaigns, influencer marketing, and illegal online gambling promotions, players operating in the sector should expect heightened scrutiny and stricter enforcement of advertising standards. The move comes ahead of the Advertising Regulatory […]
September 29 2026
Getting Your Greenback: From Traditional Knowledge to Commercial Cannabis
On 21 September 2026, the Department of Small Business Development issued an RFQ, calling on legal experts to tender in support of the creation of a framework for the recognition, protection and regulated participation of indigenous cannabis growers in South Africa. Our governance of cannabis is already quite complex with only cultivation and use for […]
September 29 2026
When Brands Get Patriotic
Use of the South African flag in your trade mark and products The South African flag, with its unique design and vibrant colours, is more than just a national symbol. It evokes a deep sense of pride, and shared identity for all South Africans. Unsurprisingly, many South African businesses may be tempted to incorporate the […]
September 28 2026
Ten Judgments, One Playbook: What Insurers Need to Know About US Coverage Trends
Over the past few months, Jean-Paul Rudd, Partner at Adams & Adams, has unpacked ten US judgments shaping how courts read policy wording, apply exclusions and define the limits of indemnity. From consent-to-settle risk to contextual interpretation of exclusions, this collection distils the principles insurers need on their radar. Insurance coverage disputes often turn on […]
September 28 2026
The Reckless Trading Risk: What D&O Insurers Should Know About Director Liability
Introduction A September 2026 High Court judgment has reaffirmed and applied the statutory framework for holding company directors personally liable for reckless trading and conduct calculated to defraud creditors. The matter concerned a plaintiff, a private company in the business of marketing and selling process control instrumentation, which had appointed the third defendant as a […]
September 21 2026
Contextual Interpretation of Policy Exclusions: Court Confirms that a Broadly Worded Property Exclusion Does Not Extend to Copyright Infringement
In Nichole Sliney Realty Team, Inc. v. Mount Vernon Fire Insurance Company, Judge F. Dennis Saylor IV of the United States District Court for the District of Massachusetts granted a motion for judgment on the pleadings brought by the insured, holding that Mount Vernon Fire Insurance Company owed a duty to defend (and indemnify) its […]
September 21 2026
Trade Mark Registration: The Finish Line Is Worth the Wait
Starting a business is exciting. Whether you are opening a restaurant, launching a clothing label, developing an app or offering professional services, the goal is usually the same: to build something valuable and profitable. In our previous article, we discussed why it is important to conduct a trade mark availability search before investing in a […]
September 17 2026
Turning locally developed IP into battery-sector opportunities
South Africa is seeking to strengthen its position in the global electric mobility and battery value chains by supporting the development and commercialisation of locally developed technologies and intellectual property. Speaking at the 2026 uYilo e-Mobility Summit on 26 August, the Deputy Minister of Science, Technology and Innovation highlighted government programmes supporting research, innovation, IP […]
September 15 2026
Track-and-trace measures target illicit goods
South Africa is stepping up cooperation between the South African Revenue Service (SARS) and the National Consumer Commission (NCC) to combat illicit goods. The two authorities signed a Memorandum of Understanding in May 2026 to strengthen information sharing and cooperation in customs, tax and consumer protection enforcement. The NCC’s current plans also include developing a […]
September 15 2026
Healthcare technology investment fund under consideration
Egypt is exploring the establishment of a dedicated investment fund for biotechnology, medical devices and digital health technologies. Discussions between the Ministry of Health and Gold Rock Venture in August focused, among other things, on linking scientific research and intellectual property with product development, technology transfer, local manufacturing and commercialisation. The proposed initiative would also […]
September 15 2026
OAPI rejects AFP opposition against AFO + Logo
In a decision dated 19 May 2026, OAPI rejected Agence France-Presse (AFP)’s opposition against the “AFO + Logo” mark, which was opposed on the basis of AFP’s earlier “AFP + Logo” mark. Although the marks covered overlapping services in Classes 35, 38 and 41, OAPI found that the similarities between the signs, including the shared […]
September 15 2026