News & Insights
Newsflash Adams & Adams strengthens Africa-wide IP network as businesses face growing cross-border complexity
13th Africa Network Meeting highlights how trusted local expertise and central coordination can support IP protection across multiple African markets September 2026, Pretoria – As businesses expand into Africa, managing intellectual property (IP) across different legal and regulatory systems is becoming increasingly complex. Adams & Adams says combining strong local expertise with regional coordination will be critical […]
September 09 2026
Know your Fund Rules: when can a Pension Fund be held liable for investment loss?
Factual exposition: Mr Carl Francois Conradie (“Mr Conradie”) had been employed from 01 January 1993 until he retired on 31 January 2022. During his employment, he belonged to his employer’s pension fund, and monthly contributions were deducted from his salary. In August 2013, Mr Conradie transferred from his employer’s pension fund to join Fundsatwork Umbrella […]
September 09 2026
There’s no smoke without combustibles
Following the adoption of the motion of desirability in June this year, the Portfolio Committee on Health commenced its section-by-section deliberations on the Tobacco Products and Electronic Delivery Systems Bill (the “Bill”) in August. To date, the Committee has canvassed the Preamble and the definitions section of the Bill, with the illicit trade and the […]
September 09 2026
Liability Insurer Has No Duty to Defend or Indemnify Where Property Damage Results From Insured’s Deliberate Placement of Demolition Debris: The Requirement of an “Accident” for Coverage
In Great West Casualty Co. v. VanFleet, the United States District Court for the Central District of Illinois held that a commercial general liability (“CGL”) insurer owed no duty to defend or indemnify its insureds – a trucking contractor and its owner – in respect of a municipality’s claim to recover costs incurred in remediating […]
September 08 2026
Dog-Bite Liability – and Trespassing Boundaries – Actio De Pauperie
Brief facts In the recent dog-bite judgment, the plaintiff brought an action of actio de pauperie (a Roman-Dutch law strict liability remedy that allows a person to claim compensation from the owner of a domestic animal when that animal causes damage or injury while acting contrary to its normal nature) against the defendants after being […]
September 08 2026
Pension Fund Matters: Section 37d: When Salary Disputes Meet Pension Protection
Brief facts of the case Emfuleni Local Municipality employed Mr Azwindini Silence Munwai as a Senior Engineering Technician in its Parks and Cemeteries Department from November 2010. Over the years, his working relationships became strained — a protection order was granted against him in favour of his direct manager, and he was shuffled between departments. […]
September 07 2026
When a Gate Falls: Lessons in Property Owner Liability for the Insurance Industry
Brief facts The plaintiff, a tenant, instituted a delictual claim against the defendant, her landlord, in her representative capacity as the mother and natural guardian of her minor son. The claim arose from an incident in which a large, heavy sliding gate at the rented premises became dislodged from its track and toppled directly onto […]
September 02 2026
Liability Policies Listing Specific Wrongs: Cover Will Not Extend to a Related but Unlisted Delict
In General Star Indemnity Co. v. Toy Quest Ltd, the United States District Court for the District of Minnesota held that a commercial general liability (“CGL”) insurer owed no duty to defend its insureds against a claim for “abuse of process” where the policy’s personal injury coverage enumerated specific offences – including malicious prosecution – […]
September 01 2026
Why South Africa’s Draft Repair and Maintenance Guidelines Matter to Consumers
The Competition Commission of South Africa (“Commission”) has published the Draft Guidelines on Repair, Service, and Maintenance Aftermarkets (“Draft Guidelines”) under section 79 of the Competition Act 89 of 1998, as amended (“Competition Act”). The proposed framework concerns the markets for repairing, servicing and maintaining products after sale. It extends beyond the automotive sector to […]
September 01 2026
Respecting the Lens, Part 2: Why "I Didn't Know I Needed Permission" Is Not a Copyright Defence
Last year, in our article Respecting the Lens: Copyright Infringement and the Rights of Photographers in South Africa, we addressed a common misconception encountered in copyright enforcement matters: because photographs are easy to copy, widely shared and freely accessible online, many businesses assume they can use them without permission. That assumption frequently finds its way […]
August 28 2026
The Trade Mark That Refused to Die: Deadwood or Zombie?
The Case of Altron Ltd v Tracker (Pty) Ltd Pretoria High Court, 2026 A trade mark unused for almost ten years might ordinarily be destined for removal. Yet in Altron v Tracker, residual reputation helped keep the registrations alive, highlighting the role of standing and judicial discretion in non-use proceedings and raising a difficult question […]
August 27 2026
US Federal Court Orders Reformation of CGL Policy to Restore Exclusion Mistakenly Omitted on Renewal: Implications for the Rectification of Insurance Policies
In General Casualty Co. of Wisconsin v. Reed Hein & Associates, LLC, the United States District Court for the Western District of Washington held that a commercial general liability (“CGL”) policy was subject to reformation – the equivalent of rectification under South African law – to restore a personal and advertising injury exclusion that had […]
August 25 2026
More Than Code: Protecting Intellectual Property in Mobile Application Development
In today’s digital economy, mobile applications have become essential tools for businesses to deliver services, drive innovation and engage with customers. Whether developed for internal operations or commercial use, mobile applications often represent a significant investment of time, expertise and capital. Despite this, the intellectual property (IP) underlying these applications is often overlooked. A mobile […]
August 24 2026
Modernising the Commissioning of Oaths: The Draft 2026 Regulations
Introduction On 31 July 2026, the Department of Justice and Constitutional Development published for public comment the draft Regulations Governing the Administering of an Oath or Affirmation, 2026, issued in terms of section 10 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963). These draft regulations are […]
August 24 2026
The Growing Push for AI Transparency: What South African Businesses Should Know
Artificial intelligence has moved beyond the hype and is now delivering real business value, as companies across the world use it to generate marketing material, social media content, product images, videos and customer communications. As synthetic content becomes indistinguishable from authentic content, ordinary people lose the ability to make informed judgements about what they’re seeing, […]
August 21 2026
Your Brand Is Your Business: Why Trade Mark Protection Matters from Day One
Imagine Having to Start Over You have spent months building your business. You have chosen the perfect name, designed your logo, launched your website and started attracting customers. People are beginning to recognise your brand, and your business is gaining momentum. Then one day you receive a letter informing you that another business owns rights […]
August 21 2026
Niger accedes to the Marrakesh Treaty
The Republic of Niger, a member state of the African Intellectual Property Organization (OAPI), has acceded to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. Niger deposited its instrument of accession with WIPO on 20 July 2026, and the Treaty will enter into […]
August 19 2026
OAPI highlights IP’s role in African craft innovation
At the Ninth International Handicrafts Fair of Cameroon (SIARC 2026), held in Yaoundé from 27 July to 5 August, the OAPI showcased the importance of IP protection in promoting innovation and competitiveness within Africa’s craft sector. Addressing the theme of balancing tradition and modernity, OAPI highlighted the range of IP tools available to artisans – […]
August 19 2026