News & Insights
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
META-morphosis: exciting developments in respect of the enforcement of ARB complaints
On Monday afternoon, the Advertising Regulatory Board (“ARB”) set the industry abuzz after it announced that Meta, the technology conglomerate which owns and operates a hive of social media platforms such as Facebook and Instagram, has created an access point which will enable it to share its decisions – which affect advertising on Meta’s platforms […]
October 28 2024
Six children die after consuming poisoned snacks: what packaging information are you entitled to as a consumer?
As you may have heard in the news, five children were recently reported to have tragically died in Soweto, after allegedly eating poisoned snacks, purchased at a spaza shop. The sixth child, who was the only survivor, later succumbed to his injuries in hospital. These children, aged between six and eight, were initially reported to […]
October 28 2024
Hard on crime, soft on sentencing: the dilemma of lenient sentences imposed in South Africa
We see it weekly in the news, “South African National Anti-Counterfeit Task force seizes counterfeit goods worth R100 million rand, suspects arrested”. But what happens to these suspects arrested and charged in counterfeit goods matters? Make no mistake, the Counterfeit Goods Act No. 37 of 1997 (“the CGA”) criminalises the act of dealing (selling, offering […]
October 25 2024
Access to Information from Public Bodies: Balancing Commercial and Public Interests under the PAIA
Overview The Constitution guarantees the right of access to information held by the state to uphold the principle of accountability, which forms a foundation of our democracy. The Promotion of Access to Information Act 2 of 2022 (the PAIA) imposes ‘reasonable and justifiable’ limitations on this right by exempting certain information from disclosure, as outlined […]
October 25 2024
Unpacking the Trend: The Truth About Parallel Imports and What Consumers Need to Know
As a millennial, it took me a while to embrace the Tiktok trend and ‘get with the Gen Z program’. In between billable work one evening, I found myself scrolling on the app and came across a local fashion influencer who was floored by the fact that an extremely popular insulated drink container (possibly the […]
October 22 2024
SIMPLY LOVELY: A SIMPLE CASE THAT DEMONSTRATES THE IMPORTANCE OF TRADE MARK PROTECTION
The phrase SIMPLY LOVELY might sound simple and not too special, but it is, in fact, rather renowned, at least in the Formula 1 community. “SIMPLY, SIMPLY LOVELY” were the words used by Max Verstappen over the Red Bull team radio after overtaking Sebastian Vettel during the 2017 Mexican Grand Prix. The phrase SIMPLY LOVELY […]
October 22 2024
CYBERCRIME – COURT REAFFIRMS WHO BEARS RESPONSIBILITY FOR PAYMENT WHERE EMAIL SYSTEM IS SPOOFED!!
Cybercrime remains rife, despite the efforts to combat it. In a recent court case, the court reaffirmed the legal position as to who bears responsibility for payment where a third-party accesses an email system, changes the banking details, and payment is made into an incorrect account. In brief, the facts of the matter under discussion […]
October 21 2024
PUBLIC PROCUREMENT BILL: A TURNING POINT FOR PUBLIC PROCUREMENT IN SOUTH AFRICA
The much discussed Public Procurement Bill has recently been passed by Parliament and its enactment awaits the President’s signature. South Africa’s legislative environment, as it relates to the procurement of goods and services, has always been a source of great controversy. The fragmentation of South Africa’s public procurement legislation has resulted in significant challenges for […]
October 21 2024
Where the streets have no names…
The City of Johannesburg Council issued a notice of its intention to consider the renaming of Sandton Drive to Leila Khaled Drive in September 2024. The proposed name change has been met with widespread criticism by residents and businesses alike, but what are the legal principles that would regulate such a decision, and will the […]
October 18 2024
Uganda hosts Africa’s First Women in IP Conference
The African Intellectual Property Organisation (ARIPO) together with the Uganda Registration Services Bureau (URSB) held the inaugural conference on Women in Intellectual Property in Kampala, Uganda. The 3 day conference, which took place between 28- 30 August 2024, hosted guests and speakers from several ARIPO countries. Notable speakers included Bemanya Twebaze, the Director General of […]
October 15 2024
Blind SA approach the Constitutional Court to have the Copyright Amendment Bill signed
In 2022 the High Court declared certain sections of the Copyright Act of 1978 unconstitutional following a successful challenge by Blind SA, together with the legal assistance of Section 27. Blind SA contended that the current Copyright Act limits the availability of works in formats that are accessible to persons with print and visual disabilities […]
October 15 2024
Rwanda announces fund to support agri-tech entrepreneurs
The Hanga Agritech Innovation Challenge Fund, a collaboration between the Rwandan Ministry of Agriculture and Animal Resources and the World Bank, is aimed at supporting agri-tech entrepreneurs. The Fund is a USD 2 million facility that aims to address food challenges and advance food innovation in the country. The Chief Technical Advisor in the Ministry […]
October 15 2024