News & Insights
Combatting counterfeit goods in the e-commerce world
In recent years, we have witnessed explosive growth of online marketplaces and the increasing prevalence of e-commerce businesses. As businesses adapt—albeit slowly—to the modern consumer who prefers purchasing products from the comfort of their couch, there is a parallel rise in the sophistication of scams and fraud aimed at exploiting this shift. Platforms like Facebook […]
December 10 2024
The Road Accident Fund’s exclusion of illegal foreigners
The Road Accident Fund has a statutory obligation in terms of section 17(1) of the Road Accident Fund Act to “ compensate any person (the third party) for any loss or damage which the third party has suffered as a result of any bodily injury to himself or herself or the death of or any […]
December 10 2024
Court Rules: Public Liability Insurance Is Not a Free Pass for Careless Behaviour
Introduction Recently, the Johannesburg High Court dismissed a personal injury case against an institution, finding no evidence of negligence or wrongdoing on its part. In recent years, South Africa has witnessed a growing trend of litigation, with an increasing number of lawsuits being filed—even in cases where the objective facts do not justify legal action. […]
December 09 2024
Arusha Protocol for the Protection of New Varieties of Plants comes into force
On 24 November 2024 the Arusha Protocol finally came into force, almost 10 years after it was first adopted in Arusha, Tanzania on 6 July 2015. The Protocol aims to create a harmonised system across contracting ARIPO member states for the protection of plant variety rights (PVR’s), enabling applicants to apply for protection with the […]
December 09 2024
Liberia National Police shifts focus to the enforcement of IP rights
The sad reality is that in many African countries, access to cheap goods is often prioritised over products’ origin and, as a result, counterfeit goods have gained an enormous foothold in the continent. Unfortunately, the failure of local governments to address this, has the devastating effect of undermining IP laws and ultimately making countries less […]
December 09 2024
IP Labs 2.0 inspires green innovation
The World Intellectual Property Organisation (WIPO) Nigeria Office has partnered with the Japan Patent Office to create two initiatives aimed at promoting sustainable development in Nigeria and to encourage innovation. The IP Labs 2.0 and IP for Green Innovation projects were launched early in November 2024 and seek to provide intellectual property tools and knowledge […]
December 09 2024
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