News & Insights
INTERDICT DENIED: MUNICIPALITIES FACE A HIGH BAR ON PENSION WITHHOLDING
Factual background The Mpumalanga High Court has recently delivered a judgment on the critical considerations regarding withholding of pension benefits. While the judgment is not groundbreaking, it serves as a crucial reminder for the employers, pension funds, and other relevant stakeholders. The application arose from a dispute between a local municipality and its former Chief […]
December 12 2025
D&O: U.S. Court Enforces Prior‑Notice Exclusion for Meaningfully Linked Circumstances
The U.S. District Court for the District of Delaware has recently held that a prior notice exclusion barred cover for securities and derivative actions that were meaningfully linked to circumstances disclosed years earlier in a letter to the insured’s audit committee. The court concluded the later suits “arose out of” the same alleged accounting improprieties […]
December 04 2025
Why Should I Register a Trade Mark?
In today’s competitive marketplace, your brand is one of your most valuable assets. A trade mark—whether it’s a name, logo, slogan, or even a distinctive color or shape—serves as a badge of origin, distinguishing your goods or services from those of others. While simply using a mark in commerce can create limited rights under common […]
December 03 2025
Artificial Intelligence in South African Financial Sector: What the FSCA–PA Report Reveals About IP, Trade Secrets, and Smart Governance
General Summary: AI’s Impact on South African Financial Services Artificial Intelligence (AI) is rapidly transforming South Africa’s financial sector, driving innovation, operational efficiency, and new customer experiences. The recent joint report by the Financial Sector Conduct Authority (FSCA) and the Prudential Authority (PA) published in November 2025 provides the first comprehensive snapshot of AI adoption, […]
December 02 2025
Adams & Adams launches Africa’s first dedicated Artificial Intelligence Legal Service
Johannesburg, South Africa Leading law firm Adams & Adams, announces the launch of the SMARTAI IP Portal, a groundbreaking digital platform and advisory service designed to help businesses understand, assess, and address the risks posed by the AI revolution. “As artificial intelligence transforms industries at an unprecedented pace, businesses face new and complex risks, from […]
November 28 2025
Biometrics and CGL Exclusions: U.S. Court Finds No Cover for Facial‑Recognition Claims Under “Access or Disclosure” Clause
A U.S. district court in Illinois has recently held that a commercial general liability policy’s “access or disclosure of confidential or personal information” exclusion defeated cover for a class action alleging the retention and use of facial‑recognition data. The court concluded that biometric information derived from facial geometry falls within “confidential or personal information”, and […]
November 26 2025
Indonesia: New requirement for annual submission of working statements in respect of granted patents – Current deadline 31 December 2025
Indonesia has introduced a new obligation for the patentees of Indonesian patents to submit annual working statements in respect of their patents, to inform the Indonesian Patent Office whether or not the patented invention is being worked in Indonesia. The requirement, set out in Article 20A of the amended Indonesian Patent Law, applies to all […]
November 21 2025
49th Session of the Administrative Council of the African Regional Intellectual Property Organization (ARIPO) held in Accra, Ghana
The 49th Session of the Administrative Council of ARIPO was held in Accra, Ghana from 17 – 20 November 2025. Adams & Adams Partners Nthabi Phaswana and Jameel Hamid, together with the Africa Practice Manager, Menzi Maboyi attended the session. Adams & Adams works closely with ARIPO, and we continue to support ARIPO in its […]
November 21 2025
Adams & Adams visits Ghana
Our second trip in Q4 of 2025 was from 12 – 18 November 2025 when, Adams & Adams Partner, Jameel Hamid, and Africa Practice Manager, Menzi Maboyi, travelled to Accra, Ghana, to visit the Ghana Industrial Property Office (GHIPO), under the auspices of the Registrar General’s Department (RGD) and our Associate Office. The objective of […]
November 21 2025
BUT WHO WILL KEEP OUR PETS?
In a deeply emotional and unusually contentious dispute stretching nearly two years, the High Court concluded that Benji, a young Labrador, must be returned to the applicant. South African law currently treats pets as property, not dependants or “children” whose best interests must be considered. The Pretoria High Court, as such, had to determine who […]
November 21 2025
SUFFICIENT KNOWLEDGE, NOT SUSPICION: CLARIFYING PRESCRIPTION IN MEDICAL MALPRACTICE CASES
Introduction: The recent Eastern Cape Division of the High Court judgment in N[…] v Member of the Executive for the Department of Health, Eastern Cape serves as a critical reminder of the intricacies surrounding prescription in medical malpractice claims, particularly where the claimant is a layperson with limited access to medical knowledge. The judgment further […]
November 20 2025
U.S. Court Applies “Interrelated Wrongful Acts” and Client‑Services Limits to Defeat PI Claim
A U.S. federal court, applying California law, has recently held that a financial services firm had no cover under its professional liability policy for a client’s claim because the alleged misconduct was part of a single, interrelated course of conduct that began before the policy incepted. The court also found, independently, that cover failed because […]
November 19 2025
INTERDICT, APPEAL, REVIEW: DISSECTING THE LIMITS OF INTERIM RELIEF IN HPCSA MATTERS
On 4 November 2025, the Pretoria High Court delivered an important judgment on the nature and limits of the statutory framework governing the internal processes of the HPCSA. The judgment is significant for medical and healthcare professionals and, to an extent, for professional indemnity insurers and other stakeholders Summary of facts: The applicant, the medical […]
November 18 2025
Late Means Late: U.S. Court Affirms Coverage Bar for Untimely Notice Under Claims‑Made Policy
The Eleventh Circuit has confirmed that an insured’s failure to give prompt notice of a pollution condition—despite reporting within the policy period—can defeat coverage under a claims‑made policy where the insured cannot overcome the presumption of prejudice to the insurer under the law of the state in which the dispute arose. In many other US […]
November 17 2025
KEEPING CREDIT & CONSUMER LAW IN THEIR LANES: LESSONS FROM A VEHICLE FINANCE SUMMARY JUDGMENT
Background: This case involved an application for summary judgment by a credit provider. The dispute arose from an instalment sale agreement signed on 1 August 2023 to finance a motor vehicle. The first payment was due on 30 September 2023, and the last on 30 August 2029. The buyer never made any payments. The credit […]
November 14 2025
Veggie burgers are back in the game!
After much uncertainty as to the fate of veggie burgers and veggie sausages, the Department of Agriculture, Land Reform and Rural Development (the Department) has recently provided much needed clarity on the naming conventions for meat analogues. Meat analogues are also known in South Africa and elsewhere around the world as meat substitutes or imitation […]
November 13 2025
The Trademark Office reintroduces local attestation requirement
The Libyan Trademark Office has announced the reinstatement of the requirement for local attestation of legalised documents by the Libyan Ministry of Foreign Affairs and International Cooperation. As a result, powers of attorney and other official documentation submitted to the Office in support of trademark-related matters must be legalised up to the Libyan Consulate abroad […]
November 13 2025
A blow for ARIPO trade mark registrations designating Tanzania
In a recent decision of the Court of Appeal of Tanzania (the country’s apex court), the validity and enforceability of a trade mark registration, designating Tanzania, and granted by the African Regional Intellectual Property Organisation (“ARIPO”) was called into question. While it was not disputed that Tanzania is a signatory of Lusaka Agreement and the […]
November 13 2025