News & Insights
Re-instatement of companies and close corporations process digitised by CIPC
On 11 August 2025 the Companies and intellectual Property Commission (CIPC) announced that the application process for the re-instatement of companies and close corporations (From CoR40.5) has been fully automated. The upgrade forms part of CIPC’s mission to modernise and digitise the services it renders to the public, with the view of saving time and […]
September 17 2025
OAPI championing copyright to increase economic growth
OAPI, in collaboration with the World Intellectual Property Organization and the Government of Cameroon, hosted the joint regional conference in Yaoundé on 28 and 29 July 2025. The event brought together public decision makers, experts and cultural actors from Central and West Africa with the view of developing a roadmap to ensure that copyright is […]
September 17 2025
Launch of the OAPILEX database
Recently, the African Intellectual Property Organization (OAPI) launched its online publicly accessible intellectual property jurisprudential database, OAPILEX. While the OAPILEX database contains limited content at present, due to it still being in the development phase, the long term goal for the platform is to provide the public with access to a wide range of materials, […]
September 17 2025
Biotech star stuck in court over who controls its most valuable asset
Early in August 2025, a Federal High Court in Lagos stopped the asset sale of biotech star, 54gene, which included the biodata of 100 000 Nigerians. The decision stems from proceedings instituted by the company’s founder, Abasi Ene-Obong, who alleged that the start-up’s lead investors engineered the startup’s collapse and sought to dispose of its […]
September 17 2025
Operations suspended at the Trade Marks Office
The Libyan Council of Ministers has recently transferred the jurisdiction of the Trademark Office to the Commercial Registrar. While no regulatory changes have been implemented, the Trade Marks Office has temporarily suspended the acceptance of trade mark applications due to the transition. Importantly, applications filed during this suspension will not be forfeited. They will be […]
September 17 2025
Kenya’s green energy ambitions lead to unprecedented production of e-bikes in Africa
It is official, Kenya is now the largest manufacturer of electronic motorcycles in Africa. The surge in the market is a direct result of the Kenyan government submitting a plan to the United Nations in April earlier this year, committing to a 35% reduction in greenhouse gas emissions by 2035, with a key focus being […]
September 17 2025
Harare Protocol enters into force in the Republic of Mauritius
On 27 August 2025, the Harare Protocol on Patents, Utility Models and Industrial Designs officially entered into force in the Republic of Mauritius. This makes the Republic of Mauritius the 21st ARIPO Contracting State to the Protocol. As a result, applicants making use of the ARIPO system can now designate Mauritius in their patent, industrial […]
September 17 2025
Tanzania introduces Mandatory trade mark recordation system for imported goods
On 1 September 2025, the Fair Competition Commission (FCC) issued a Public Notice announcing the implementation of a mandatory trade mark recordation system for all goods imported into mainland Tanzania. This notice does not include Zanzibar. This development follows the enactment of the Finance Act, 2025, which introduced Section 11A to the Merchandise Marks Act […]
September 09 2025
Mind the Wording: No Coverage Without a Clear Demand — Lessons for Claims Teams
A recent decision from the United States District Court for the Southern District of California, in the matter between Del Mar Woods v. Philadelphia Indemnity Insurance Co., 2025 WL 1798300 (S.D. Cal. June 27, 2025), provides guidance on the interpretation of “Claim” under claims-made insurance policies and highlights the limits of what may constitute a […]
September 02 2025
Provident Fund Contributions and the Labour Relations Act: Tribunal Reaffirms Employers Statutory Obligations
When contributions to a provident fund are not paid, it is the beneficiaries who suffer the most. A reconsideration application before the Financial Services Tribunal (“the Tribunal”) confirmed that employers remain bound to honour their obligations, regardless of probationary status of employees or business transfers. The application arose from contributions that were not paid on […]
September 01 2025
Honesty and Integrity in Financial Services: Fit and Proper Requirements Under Judicial Scrutiny
A recent decision of the Financial Services Tribunal underscores the fundamental importance of the “fit and proper” requirements in the financial services sector, particularly the qualities of honesty and integrity. The ruling confirms that these standards are not aspirational ideals but binding regulatory thresholds. Where a representative’s conduct falls short, debarment is both warranted and […]
September 01 2025
US COVERAGE DISPUTE: SIXTH CIRCUIT FINDS PRIOR KNOWLEDGE FATAL TO CLAIMS-MADE INSURANCE POLICY
Brief background The insured applied for a claims-made professional liability policy and answered “No” to a question asking whether it was aware of any circumstances that might result in a claim. Prior to the application, the insured had received multiple complaints from a customer regarding defective equipment and had internally acknowledged the issues. The insurer […]
August 28 2025
A Cautionary Tale for Underwriting Managers: Enforcing Insurers’ Right to Data Access
A recent High Court judgment highlights the critical importance of strict compliance with binder agreements and licensing conditions in the insurance sector. The court confirmed that where an underwriting manager exceeds its mandate or disregards regulatory limits, an insurer is entitled to enforce its contractual rights — including urgent access to underwriting data. Background Underwriting […]
August 26 2025
Estoppel Without Words: A Cross-Border Lesson for South African Insurers
A recent decision from the Appellate Court of Illinois, in the matter between Monroy-Perez v. Sentry Select Insurance Co., 2025 IL App (1st) 241711, serves as a stark warning to insurers regarding the consequences of withholding policy information from insureds. The court held that an insurer may be estopped from raising coverage defences, including limitations […]
August 26 2025
Nigerian Commission on Copyright seals printing houses and seizes books in Ibadan
The Nigerian Copyright Commission has raided areas of Ibadan, the capital of Oyo State, in Nigeria, with certain printing houses being sealed and books being seized, in an effort to fight piracy. According to the Director-General of the Commission, Dr John Asein, the affected printing houses and bookshops lacked proper records of created works received […]
August 20 2025
Policy Wording Matters: US Electromagnetic Field Ruling Offers Cautionary Tale for South Africa
A recent decision from the United States Court of Appeals for the Seventh Circuit, in the matter between Hammond Power Solutions Inc. v. National Union Fire Insurance Co. (2025), provides important guidance on the interpretation of exclusions in commercial general liability (CGL) policies—particularly those relating to radiation. The ruling confirms that a broadly worded exclusion […]
August 19 2025
Pharma giants clash over 'BUCOD' names as court keeps ban in place
Aspen wins round two in trade mark battle, forcing rival Adcock to stay off shelves during appeal Pretoria High Court, 18 August 2025 The pharmaceutical industry’s latest trade mark war escalated yesterday, 18 August 2025 as Aspen Pharmacare successfully convinced the Pretoria High Court to keep competitor Adcock Ingram’s LENBUCOD product banned from the market—even […]
August 19 2025
Procedural Fairness in Debarment Proceedings: Lessons from G Van Zyl v Kobie Spangenberg en Genote (Pty) Ltd
The recent decision in Gideon Pieter van Zyl v Kobie Spangenberg en Genote (Pty) Ltd by the Financial Services Tribunal (“the Tribunal”) highlights the critical importance of compliance with the procedural safeguards under section 14 of the Financial Advisory and Intermediary Services Act 37 of 2002 (“FAIS Act”) when effecting a debarment. The case underscores […]
August 19 2025