News & Insights
Conference hosted in Gabon on artificial intelligence and intellectual property
The Gabonese Industrial Property Office, in collaboration with the African Intellectual Property Organisation (OAPI), organised a conference on artificial intelligence and intellectual property. Philippe Rodhain, an international expert in intellectual property, spoke at the conference and highlighted both the benefits and dangers of AI. The benefits he identified included the facilitation of creativity amongst artists, […]
August 19 2025
Collaboration between OAPI and the Japanese Patent Office
In parallel with events of the 66th series of annual meetings of the World Intellectual Property Office in Geneva, the Director General of OAPI also met with Yasuada Futoshi, the Deputy Commissioner of the Japan Patent Office (JPO). They affirmed the good results that have so far been achieved by the collaboration between OAPI and […]
August 19 2025
ARIPO and OAPI Host Strategic Ambassadors’ Luncheon in Geneva
ARIPO and OAPI co-hosted a luncheon for African Ambassadors and for other international organizations on 11 July 2025. The luncheon was held in Geneva on the sidelines of the 66th series of annual meetings of the Assemblies of the Member States of the World Intellectual Property Office (WIPO) in Geneva. The luncheon was attended by […]
August 19 2025
ARIPO and BRELA hold IP asset management workshop for Tanzanian SME’s
ARIPO and the Business Registrations and Licensing Agency (BRELA) of Tanzania recently held a workshop on intellectual property asset management for Tanzanian small and medium enterprises in Dar es Salaam. In his opening remarks, Mr. Godfrey Simango Nyaisa, CEO of BRELA, welcomed the initiative and expressed gratitude for ARIPO’s ongoing support in strengthening IP systems […]
August 19 2025
Specsavers (Pty) Ltd v Strategic Ideal Holdings (Pty) Ltd
On 27 March 2025, the High Court of Botswana (in Lobatse) presided over by Judge Busang, delivered a significant judgment in the matter between Specsavers (Pty) Ltd (hereafter Specsavers Botswana) and Strategic Ideal Holdings (Pty) Ltd, the licensee of Spec-Savers South Africa. Specsavers Botswana alleged that Strategic Ideal Holdings was passing off through the use of the trade […]
August 14 2025
Mutsila v Municipal Gratuity Fund: Adequate Investigations and Death Benefit Allocations under Section 37C
On 8 August 2025, the Constitutional Court handed down its unanimous judgment in Mutsila v Municipal Gratuity Fund and Others, a case that brought into sharp focus the obligations of pension and retirement funds when allocating death benefits under Section 37C of the Pension Funds Act (“the Act”). At its heart was a dispute over […]
August 14 2025
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