News & Insights
Deregistration of Non-Compliant Companies
The Companies and Intellectual Property Commission (CIPC) plans to deregister approximately 800,000 non-compliant companies. This initiative aims to address inactive entities and enforce compliance with annual return and beneficial ownership requirements. Companies that fail to submit annual returns for two consecutive cycles or disclose beneficial ownership information will face deregistration. This action is part of […]
February 12 2025
TRADE MARK OFFICE NOT YET DEALING WITH LITIGIOUS MATTERS
Although the Sudanese Trade Mark Office started operating at the beginning of 2024 (see our previous update here), the Office has not yet started dealing with any litigation matters including oppositions. We are constantly monitoring the situation and will provide updates as and when they arise.
February 12 2025
HOW LA'S WILDFIRES AND CLIMATE CHANGE COULD SET SOUTH AFRICA’S INSURANCE MARKET ABLAZE
The devastating wildfires that have swept through Los Angeles and other parts of California have highlighted the growing risks associated with climate change. These fires, intensified by prolonged droughts and extreme heat, have led to billions of dollars in damages, forcing the insurance industry to adapt rapidly. While the direct impact of these fires is […]
February 11 2025
Hidden Perils Under the Surface of Building Insurance
The primary purpose of building insurance is to protect property owners from financial losses due to damage to their buildings. Buildings can be damaged from a variety of events, including fires, storms, floods, and earthquakes, each posing unique risks and challenges. Exclusions and Their Impacts Policyholders and brokers acting on their behalf must apprise themselves […]
February 10 2025
ARIPO – increase in official fees and amendments to Harare Protocol and Regulations to come into effect 1 March 2025
In a notice signed by the Director General of ARIPO, Bemanya Twebaze dated 31 January 2025, ARIPO announced that amendments to the Harare Protocol and Regulations will come into effect on 1 March 2025. The Harare Protocol governs the filing of patent, utility model and industrial design applications filed at ARIPO. Patent or design applications […]
February 10 2025
OAPI - New Official Fees for Patents and Utility Models
As part of the implementation of Annex I of the revised Bangui Agreement, OAPI has published new official fees which apply to all patent and utility model applications fled after 1 January 2025. This development follows previous updates OAPI – Training of patent examiners – Adams & Adams announcing OAPI’s intention to introduce substantive examination […]
February 05 2025
The Perils of Non-Compliance: Lessons from the Municipal Workers' Retirement Fund Judgment
The recent judgment of Municipal Workers’ Retirement Fund v Mafube Local Municipality and Others highlights the severe consequences of failing to meet statutory obligations under the Pension Funds Act 24 of 1956 (“the PFA”). Delivered by Opperman J, the judgment emphasises the importance of compliance with section 13A of the Act. At the heart of […]
January 30 2025
Libya – Trade Mark Update
The Ministry of Economy in Libya recently issued a decree outlining updated requirements for trade mark renewals. Upon renewal, trade mark proprietors are now required to submit a financial statement acknowledging that the trade mark is an intangible asset, including its valuation. While clarity is being sought on the exact amount, the renewal fees have […]
January 22 2025
The Fine Print in Claims-Made Policies: When a Claim Is Not a Claim
The interpretation of what constitutes a claim under a claims-made policy is often a contentious issue. Ambiguities in policy wording frequently lead to disagreements between policyholders and insurers over whether specific events or circumstances trigger coverage. Frequently, policyholders fail to understand what qualifies as a claim under their policy. This misunderstanding often results in insurers […]
January 21 2025
New Plant Health Act to regulate plant pests
The recent publication of the Plant Health (Phytosanitary) Act 35 of 2024 is expected to herald significant changes in South Africa’s approach to the management of plant pests. The Act replaces parts of the Agricultural Pests Act 36 of 1983 directed to plant pests. In doing so, it provides for the designation of an Executive […]
January 16 2025
Exclusion Clauses in Claims-Made Policies: What Insurers Need to Know
Claims-made policies in professional indemnity insurance often include prior exclusion clauses, which serve to limit the insurer’s liability for claims arising from circumstances that occurred or were known before the policy’s inception date. Insurers should exercise care in drafting prior exclusion clauses to ensure clarity and precision. Ambiguities in these clauses can lead to disputes […]
January 13 2025
Lessons from the U.S.: Claims-Made Policies and the Importance of Objective Policy Terms Over Subjective Beliefs or Assurances
Can a professional services firm rely on a client’s assurance that they will not pursue legal action to avoid notifying its claims-made professional liability insurer of a potential claim arising from an alleged omission? This question is particularly significant in the context of claims-made professional liability insurance, where the insured’s duty to disclose any potential […]
January 07 2025
Litigation: Pensioner’s Battle: Winning the Argument, Losing the Case
Introduction On 29 November 2024, the Johannesburg High Court delivered judgment in a delictual case where the Plaintiff, a lessee on the Defendant’s premises, sued the Defendant after a gate fell on her. The significance of this judgment is highlighted below. Brief Facts The Plaintiff sustained injuries in August 2020 when a malfunctioning gate fell […]
December 23 2024
One Call, Millions Saved: The Surge of Cyber Law Cases
Introduction The Western Cape High Court recently delivered judgment in yet another cybercrime incident. These cases have been growing rapidly, signalling a surge in cybercriminal activities. One might have expected a decline in such incidents, given the legal precedents addressing them, but this has not been the case. Facts The parties involved in the case […]
December 20 2024
Festive Breaks vs. Legal Deadlines: Can Postponements Deliver Justice?
Like in many countries, during the festive season in South Africa, most activities come to a near standstill, including the operations of the courts. The Rules of Court recognise dies non (days on which the courts do not sit). Although the exact dates may vary each year, dies non typically extends from the 16th of […]
December 18 2024
Home For Christmas
Most family law practitioners will tell you that December truly is silly season! We are usually tasked with planning family holidays for Christmas, to ensure that children are able to spend time with their families, as we all wish to do. For one family, this was incredibly important. Joy*, a four-year-old little girl was sexually […]
December 17 2024
Dealing with trade mark infringements on third party websites
We currently live in the internet age, an age where a great deal of economic activity is conducted online. Nowadays, most businesses have some form of online presence in the form of websites. This is generally considered the easiest way to reach a wider audience and reach more prospective consumers. The downside, of course, is […]
December 13 2024
48th Session of the ARIPO Administrative Council
Lesotho played host to this year’s annual Session of the ARIPO Administrative Council, which took place from 28 October 2024 to 1 November 2024. The Session was officially opened by the Minister of Law and Justice, Honourable Richard Ramoeletsi and focused on how IP can be used to drive economic growth and innovation, as well […]
December 10 2024