News & Insights
Not Every Regulatory Knock Is a Claim: US D&O Lessons for South African Boards
Directors’ and officers’ liability (D&O) insurance is a critical risk management tool for companies and their leadership, providing protection against claims arising from alleged wrongful acts in the management of the company. However, the scope of coverage under such policies is often the subject of dispute, particularly when regulatory investigations are involved. A recent decision […]
August 12 2025
Respecting the Lens: Copyright Infringement and the Rights of Photographers in South Africa
In the digital age, photographs are shared, reposted, and embedded across websites with ease. Yet behind every image lies a creator, a photographer who has invested time, skill, and resources to produce a work of art. When these photographs are used without permission, it constitutes copyright infringement under South African law, and the consequences can […]
August 12 2025
Rules of Evidence: Prove It or Lose It: Admissibility and the Truth Behind Trial Bundles
Factual Background The High Court of South Africa, KwaZulu-Natal Local Division, Durban, recently delivered judgment in a dispute concerning the supply of liquid petroleum gas (LPG). The Plaintiff, a supplier of LPG, had provided the product to the First Defendant over several years. Following a breakdown in the business relationship, the Plaintiff instituted action to […]
August 11 2025
Travelwings Trade Mark Case Clarifies Limits of WINGS Trade Mark Exclusivity
On 4 August 2025, the Johannesburg High Court handed down a comprehensive judgment in Wings Travel Management (Pty) Ltd v Satguru Travels (Pty) Ltd t/a Travelwings, dismissing all claims by the applicant, Wings Travel Management (WTM), and providing important guidance on the limits of trade mark protection for common terms. WTM sought wide-ranging interdictory and […]
August 06 2025
Burn Injury, Big Emotions: Insurers Take Note of Damages in Vet Negligence Case
Facts of the Case The plaintiff, an account manager, brought a claim against the first defendant (a veterinary clinic) and the second defendant (a veterinarian employed by the clinic) following injuries sustained by his dog, Triesie, during a surgical procedure to repair a torn cruciate ligament. The plaintiff had a strong emotional attachment to the […]
July 24 2025
A Missed Deadline Is a Closed Door: Time-Bars in Sehlabaka v PFA & Others
Introduction The Financial Services Tribunal’s decision in Sehlabaka v The Pension Funds Adjudicator & Others delivers a stern reminder: the three-year time limit for filing complaints with the Pension Funds Adjudicator (“the Adjudicator”) is not a flexible rule, but it is a strict legal requirement. If a complaint is brought after that period, the Adjudicator […]
July 18 2025
Landmark Judgment Strengthens FSCA's Hand Against Foreign Wrongdoers
Brief Facts In a landmark case before the Gauteng Division of the High Court, the Financial Sector Conduct Authority (FSCA) sought to enforce an administrative penalty against several foreign individuals and a foreign partnership. The matter stemmed from the publication of a report that was widely distributed in South Africa, resulting in a dramatic drop […]
July 16 2025
MASTER YOUR RIGHTS: HOW SOUTH AFRICAN ARTISTS CAN USE CONTRACTS TO SECURE OWNERSHIP OF THEIR MASTERS
For many South African musicians, landing a record deal feels like the breakthrough they have been working toward. But amid the excitement of studio sessions and album plans, one critical question is often overlooked: who owns the masters? In the music industry, “masters” or “master recordings” refer to the original recorded performance of a song […]
July 16 2025
Implementation of online trade mark filing system
Online filing now effective for new trade mark applications in Zambia. Implementation of online trade mark filing system In a notice published on its website, PACRA (the Zambian Patents and Companies Registration Agency) announced that, effective 1 July 2025, it would implement online applications for all new trade mark applications. The notice issued by Benson […]
July 15 2025
Supreme Court rules authentic designer goods cannot be counterfeit
South Africa’s Supreme Court of Appeal ruled that authentic designer goods cannot be classified as counterfeit, even if imported without the local trade mark holder’s permission. The case involved Yossi Barel, who holds South African rights to the ENRICO COVERI brand, attempting to seize genuine Italian-made footwear imported by Popular Trading CC. The court found […]
July 15 2025
Plant Breeders’ Rights Act in force
June has seen a legislative development in South Africa with the new Plant Breeders’ Rights Act coming into force and a landmark ruling from the Supreme Court of Appeal relating to authentic designer goods not being counterfeit. Plant Breeders’ Rights Act in force South Africa’s new Plant Breeders’ Rights Act 12 of 2018 (new Act) […]
July 15 2025
Workshop held as a step towards recognition of Seychelles’ honey as a GI
A workshop, facilitated by the EUIPO, was held in Seychelles in pursuit of recognition of Seychelles’ honey as a Geographical Indicator. Workshop held as a step towards recognition of Seychelles’ honey as a GI From 26 to 27 June 2025, the European Union Intellectual Property Office (EUIPO), through the AfrIPI project, partnered with the Government […]
July 15 2025
Introduction of OAPI LEX – a jurisprudence database
June saw two historic occasions for OAPI and its member countries, with the first ever international festival of the Penja Pepper and the launch of OAPILEX- an online jurisprudence database specific to OAPI. Important Topics Introduction of OAPI LEX – a jurisprudence database On 26 June 2025, the OAPI Commission officially launched its first ever […]
July 15 2025
Nigeria celebrates World Music Day
On 21 June 2025, the Nigerian Copyright Commission (NCC), in collaboration with the Musical Copyright Society of Nigeria (MCSN) and the Deejays Association of Nigeria (DJAN), hosted a vibrant celebration in Abuja to mark World Music Day. The event, themed “Protect the Sound, Power the Future,” combined music, dance, fitness, and copyright education to raise public awareness […]
July 15 2025
New Guidelines issued on Trade Mark Renewal and Re-registration Procedures in Libya
In an effort to ensure renewals of trade mark registrations in Libya and greater revenue generation, a new circular means that re-registration of trade marks in Libya can only take place if a formal cancellation decision has been issued by the Trade Mark Office. New Guidelines issued on Trade Mark Renewal and Re-registration Procedures in […]
July 15 2025
Significant fee increases and changes for patents in Egypt
A significant increase in patent examination fees is effective in Egypt and an additional item has been added to the patent fees with the implementation of a penalty fee for late examinations. Significant fee increases and changes for patents in Egypt The Egyptian Intellectual Property Authority (EGIPA) has issued Decree No. 26 of 2025, published […]
July 15 2025
ARIPO joins UPOV Prisma
Plant breeders applying for plant variety protection (PVP) through ARIPO can now use UPOV PRISMA, a secure online platform that simplifies submissions across multiple jurisdictions. This follows the entry into force of the Arusha Protocol for the Protection of New Varieties of Plants on 24 November 2024, a key highlight in strengthening intellectual property frameworks […]
July 15 2025
Talks continue to advance South Sudan’s future accession to ARIPO
ARIPO Director General Bemanya Twebaze led a high-level mission in South Sudan in June 2025 to advance discussions on the country’s accession to ARIPO. Currently an observer, South Sudan is exploring full membership, which would grant access to shared IP platforms, technical expertise, and policy support to aid its legal and economic reforms. During the […]
July 15 2025