News & Insights
OAPI championing initiatives for food security in Africa
OAPI brought together over thirty national decision makers and key role players from the agricultural sector at a national workshop held from 4 to 6 November 2024 in N’Djamena, Chad. Aimed at establishing guidelines for the creation, protection and enhancement of new plant varieties in Chad, the workshop was opened by the Chadian Minister of […]
December 09 2024
OAPI leads the way in global design protection strategies
From 11 November 2024 to 22 November 2024 the WIPO Diplomatic Conference took place in Riyadh, with the focus being the adoption of the Design Law Treaty (DLT). Over 1000 delegates from across the world met with the view of implementing this ambitious project aimed at simplifying and harmonising the enforcement of design protection across […]
December 09 2024
Senegalese Customs seizes counterfeit medicines in excess of 500 million CFA Francs
The Senegalese Customs Service executed a series of search and seizure operations during mid-November, forming part of a nation-wide strategy to address the distribution and sale of counterfeit narcotics and medicines. An estimated 400 kilograms of Indian Hemp, valued at 48 million CFA Francs, was seized in Keur Ayip, a village located on the border […]
December 09 2024
Kenya opens the gate for importation and cultivation of Genetically Modified Organisms (GMO’s)
The recent dismissal by the High Court of an anti-GMO (Genetically Modified Organisms) case aligns Kenya’s position on this topic with the stance that has already been adopted by several African countries. South Africa, for example, has been cultivating genetically modified maize, cotton and soybeans for years, with other countries such as Ethiopia, Malawi and […]
December 09 2024
The Return of the Advisory Opinion
After a long period of uncertainty relating to advisory opinions by the Competition Commission, a new regulation has been published by the Department of Trade and Industry which reintroduces non-binding Advisory Opinions. An advisory opinion is a written opinion by the Commission that provides the Commission’s interpretation of the Competition Act, 89 of 1998, applied […]
December 09 2024
US Patent and Trademark Office notably increases patent application fees from 19 January 2025
The US Patent and Trademark Office (USPTO) has published that there will be notable increases in some of its patent application fees as from 19 January 2025. Since South African patent applicants generally have a strong interest in the USA as a patent jurisdiction, the changes should be taken note of. The most relevant change […]
November 22 2024
PRE-CLOSURE OF PLEADINGS INTRICACIES: RECENT COURT RULING REAFFIRMS TIME IS OF ESSENCE
Introduction: Once a party has been effectively served with summons, they must act promptly and follow the procedures set out in the Uniform Rules of Court (“the Rules of Court”). Failure to do so can lead to undesirable and costly consequences. The judgment delivered on 13 November 2024 by the North-West High Court serves as […]
November 18 2024
ARIPO Administrative Council Meeting – Lesotho
ARIPO Administrative Council Meeting, 28 October 2024 – 1 November 2024 in Maseru, Kingdom of Lesotho The 48th Session of the Administrative Council of the African Regional Intellectual Property Organisation (ARIPO) was held in Lesotho from 28 October 2024 to 31 November 2024. Adams & Adams Partner, Jameel Hamid, Associate Marile Fouche and Africa Practice […]
November 15 2024
FESTIVE SEASON APPROACHING: BE WARY OF YOUR INSURANCE INCREASED RISK CLAUSES
In a matter of weeks, the festive season will be in full swing. This period usually comes with numerous lifestyle adjustments, including traveling, acquiring new items, and upgrading or improving homes, vehicles, and other belongings. These changes often affect the value of such items, making them more attractive targets for theft and exposes them more […]
November 12 2024
WAS THE DECISION BY THE NPA TO REMOVE COUNTERFEIT GOODS MATTERS FROM THE COMMERCIAL CRIMES COURT IN LINE WITH THE RIGHT OF ACCESS TO JUSTICE AS SET OUT IN SECTION 34 OF THE CONSTITUTION?
South Africa is a constitutional democracy, which means that it is a country which observes human rights principles and is governed by the rule of law. All decisions taken by State organs must promote, and not frustrate, constitutional principles. In 2018, the then President of the Republic of South Africa established a commission of enquiry […]
November 12 2024
ECOWAS swears in members of the Competition Advisory Council
On 1 October 2024, ten members of the first Council of the Economic Community of West African States (ECOWAS) Regional Competition Authority (ERCA) were sworn in. This completes the setup of the structures of the ERCA which is now ready to begin its actions in the regional market. The members will serve a four-year term […]
November 11 2024
The Liberia National Police partners with the Liberia Intellectual Property Office on enforcement of IP
Counterfeit goods have gained a substantial foothold in the African continent where access to cheap goods is often prioritised over their origin and quality. Their ubiquitous proliferation and failure to adequately combat intellectual property (IP) piracy has a knock-on effect of undermining IP laws, making those economies which fail to take action less attractive for […]
November 11 2024
Francophone Alliance for Intellectual Property is launched
On 2 October 2024, amidst the Francophonie summit, the Alliance Francophone pour la Propriété Intellectuelle was launched in France, and attended by many institutions, including the African Intellectual Property Organization (OAPI). The intended purpose of the Alliance Francophone pour la Propriété Intellectuelle is to enhance and promote the French language as a working language in […]
November 11 2024
Creative Economy Development Fund Launched in Nigeria
On 23 October 2024, the Federal Executive Council of Nigeria approved the Creative Economy Development Fund (CEDF) and the implementation of the Intellectual Property Monetisation Pilot (IPM Pilot). The establishment of the CEDF highlights Nigeria’s commitment to supporting creatives in the sector by providing much needed funding with a view to encouraging growth in the […]
November 11 2024
Pyrogen to launch Bio-char Infused Concrete Plant
A Kenyan startup company, Pyrogen, has developed an eco-friendly alternative to traditional concrete by including bio-char in its concrete mix, allowing it to sequester carbon dioxide (CO2). Following the award of a utility model patent in Kenya for the technology, Pyrogen is moving to the next phase of creating a pilot plant in the Baringo […]
November 11 2024
Government Committee meets to discuss development and implementation of various IP legislation
The Portfolio Committee on Trade, Industry and Competition comprised of members of the South African National Assembly held a meeting on 22 October 2024 discussing the development and implementation of various legislation including laws relating to intellectual property (IP). The committee first considered the Intellectual Property Laws Amendment Act No. 28 of 2013 (IPLAA), which […]
November 11 2024
Protecting well-known rights in the absence of deception and confusion.
Introduction Trade marks are meant to differentiate your goods or services from the goods or services of a third party. Sometimes, third parties may seek to take a short cut and turn a quick profit by using your trade mark in order to ride on your coattails and take advantage of the time and money […]
November 07 2024
Raising the Bar: Insights on Why Sub-Standard Expert Reports Fail in Court – Lessons from a Recent Insurance Repudiation Case
On 16 October 2024, the Pretoria High Court delivered a judgment in an insurance case where the insurer had repudiated the policyholder’s claim on three grounds: The policyholder drove at an excessive speed, showing reckless behaviour; The policyholder allegedly misrepresented facts in his claim by stating he was avoiding a dog when he lost control […]
November 05 2024