News & Insights
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
Domain Dispute Resolution: A Bright Victory for HAVELLS
In today’s increasingly digital world, safeguarding intellectual property rights online is more crucial than ever. A prominent threat to these rights is the ability of third parties with nefarious intentions, to “set up shop” with relative ease, in the online market space. This practice can severely damage a brand’s reputation, dilute its identity, and create […]
November 01 2024
A self-sustaining problem: how government’s failure to staff its hospitals adequately increases the risk of medical malpractice in State Hospitals
On 27 September 2024, the High Court in Pretoria held the MEC for Health of the Mpumalanga Provincial Government (“the Defendant”) liable for the injuries a minor child sustained during his birth on 19 December 2010. In particular, the Court found that the hypoxic-ischemic encephalopathic brain injury sustained by the minor was caused as a […]
November 01 2024
Policy Limits vs. Property Damage: Lessons from Hurricane Ian
Disputes often arise between insurers and policyholders regarding the value of insured property. Some of these disputes are resolved with little difficulty, as the value can be relatively easily established. For example, in cases where a storm causes partial damage to a home and its contents, the insured property remains assessable. However, other disputes are […]
November 01 2024
Recognition of Customary Marriages Act
GRACE PERIOD FOR REGISTRATION OF CUSTOMARY MARRIAGES: Section 4(3)(b) of the Recognition of Customary Marriages Act 120 of 1998 states that a customary marriage entered into after the commencement of the Act must be registered within a period of three months after conclusion of the marriage or within a longer period as the minister may […]
October 31 2024
A rose by any other name would smell as sweet, but sweet enough to be a trade mark?
South Africa is known internationally for its abundant flora. South African plant breeders regularly win awards at an international level for their unique and beautiful cultivars. From roses to aloes to all manner of drought-resistant and “South Africa friendly” flowers, the plant-related IP landscape in our country is one of huge potential. So, the question […]
October 30 2024
IN THE MIDST OF THE KOLISI DIVORCE
The world was informed of the Kolisi divorce via social media and shortly thereafter various memes, jokes, unsolicited opinions, recommendations, and the like followed. It is heart-wrenching that South Africans are unable to acknowledge the great trauma and heartache that the Kolisi family is currently enduring. South Africans are known for their great sense of […]
October 29 2024