News & Insights
Nigeria set to establish Africa’s first stock image bank
The Advertising Regulatory Council of Nigeria (ARCON) has taken a decisive step towards establishing the continent’s first indigenous stock image bank, named the Nigeria Stock Image Bank (NSIB). ARCON inaugurated a 10-member Stock Image Bank Committee tasked with developing and submitting a report to lay the groundwork for implementing the stock image bank. The report is […]
October 15 2024
The level of evidence to successfully institute trade mark infringement proceedings in Kenya
The Kenyan High Court recently clarified the level of evidence required for trade mark owners to successfully obtain injunctions in trade mark infringement proceedings. In a decision involving a peanut wrapper trader, the registered owner of the trade mark STEAME MAX PEANUTS, claimed that the respondent had infringed her registered mark rights by selling peanut […]
October 15 2024
Ethiopia's Accession to the Paris Convention
On 1 October 2024 the Ethiopian Council of Ministers approved Ethiopia’s ratification of the Paris Convention for the Protection of Industrial Property and the Madrid Protocol. The ratification documents have been sent to the House of People’s Representatives for approval, and once approved, Ethiopia will officially become a member of the Paris Convention and the […]
October 15 2024
ARIPO announces the launch of the ARIPO Intellectual Property journalist Award
ARIPO, in collaboration with the Intellectual Property Rights & Innovation (AfrIPI) Project, recently announced the launch of the ARIPO Intellectual Property Journalists Award competition. The purpose of the competition is to recognise excellence in journalism, that creates public awareness and understanding of intellectual property rights, across the ARIPO Member States. Journalists were invited to submit […]
October 15 2024
Unshelving the Fragrance Fiasco: Dis-Chem Takes Swift Action Amid Sol de Janeiro Authenticity Concerns
Ask any fragrance enthusiast what they would like for Christmas this year and chances are they will say, “a bottle of the latest Sol de Janeiro product, please”. This U.S. skincare and fragrance brand, inspired by the vibrant culture of Brazilian beaches and with its signature almond and vanilla scent, has recently taken social media […]
October 11 2024
But-For Test in Action: Uncovering the Contractual Liability Exclusion in D&O Policies
Directors and Officers (D&O) insurance policies often exclude claims arising from actual or alleged contractual liability. These exclusions typically prevent coverage when the company or an insured person is sued for breaching a contract or failing to fulfil contractual obligations. This is because D&O policies are designed to cover wrongful acts related to executive actions […]
October 09 2024
A HOME AWAY FROM HOME - What non-residents should know before buying property in South Africa
With its picturesque coastlines, majestic mountain valleys, beautiful nature reserves and rich cultural heritage, it is no surprise that many non-residents are eager to own real estate in South Africa. Whilst owning fixed property in South Africa presents an attractive investment opportunity, it is important for foreign investors to understand the legal framework, processes, and […]
October 09 2024
NEWS FLASH: Intellectual Property Ethiopia takes steps to join the Paris Convention and the Madrid Protocol
On 1 October 2024, Ethiopia’s Council of Ministers approved Ethiopia’s accession to the Paris Convention for the Protection of Industrial Property and the Madrid Protocol for the International Registration of Marks. The ratification documents were sent to the House of People’s Representatives for approval, which is the lower house of the Ethiopian Federal Parliamentary Assembly, […]
October 07 2024
Are successive patent validity challenges permissible?
The South African Patents Act sets out a number of requirements for a patent to be valid. For example, the invention claimed in a patent must be new and not obvious. If a patent does not meet these requirements, a person can apply to court for the patent to be revoked. Persons against whom a […]
October 07 2024
Weather Whiplash: Why Insurance Is More Essential Than Ever!
The snowfall last week, which impacted much of KwaZulu-Natal and parts of the Free State, serves as yet another reminder of South Africa’s increasingly unpredictable weather patterns. In 2023, Johannesburg also experienced a light snowfall, though it was far less severe than last week’s event. Even then, such occurrences were considered unusual in the South […]
September 27 2024
DEBT CRISIS IN SOUTH AFRICA: ARE PRESERVATION ORDERS THE ULTIMATE LIFELINE FOR CREDITORS?
Introduction: South Africans are among the most highly indebted people in the world. With the unemployment rate showing no signs of improvement, there is no end in sight for this crisis. Persistent socio-economic issues are also exacerbating the situation. The widespread indebtedness of the majority has been recognized by the government for some time, leading […]
September 23 2024
Brand Protection – Why a trade mark attorney is key to building and safeguarding your brand
In the world of social media, viral moments can change everything overnight. TikTok creator Jools LeBron experienced this firsthand when her phrase, “very demure, very mindful,” went viral, earning her over 2 million followers. However, the excitement of her newfound success quickly faded when another individual, Jefferson Bates, filed an application to register, as a […]
September 19 2024
Healing interrupted: the battle for income in personal injury claims for traditional healers
Overview The High Court recently highlighted the complexities of loss of income claims for traditional healers in personal injury cases. In Tjiane v Road Accident Fund [2024] 52384-2021 (GP), the court decided on a case where a traditional healer sustained multiple injuries following a motor vehicle accident, resulting in a significant reduction in his earning […]
September 19 2024
BIPA Blazing the trail for copyright protection
Earlier this month, Namibia became the first ARIPO member state to ratify the Kampala Protocol on the voluntary registration of Copyright and Related Rights. The Business and Intellectual Property Authority (BIPA) recently announced that Namibia has become the first of the 22 member states to ratify the Kampala Protocol, speaking to the commitment of the […]
September 13 2024
12th Annual Adams & Adams Africa Network Meeting Event: 4-6 September 2024
Adams and Adams celebrates another successful annual Africa Network Meeting Pretoria, 11 September 2024 – Adams and Adams hosted its 12th annual Africa Network Meeting, the largest intellectual property (IP) seminar of its kind in Africa, from 4 to 6 September 2024 at its head office in Pretoria. The event provided an opportunity for the […]
September 13 2024
THE PROTECTION OF FAMOUS TRADE MARKS
In 2004, Benson & Hedges (Overseas) Limited filed an opposition against the registration of trade mark application UG/T/2004/039465 B&H in class 9. Benson & Hedges based its opposition on the local and international reputation vesting in the BENSON & HEDGES trade marks, including the B&H trade marks. It alleged, in effect, that its trade marks […]
September 12 2024
THE PATENT OFFICE IS OPEN FOR BUSINESS… SORT OF!
The Patent Office in Sudan has re-opened and is, once again, accepting new domestic patent applications. The Patent Office’s operations are, however, limited. Not only is the Patent Office not currently processing the newly filed patent applications, but the annuity fee payments still cannot be made at this time. Source: Sudan Patent Office Resumes Limited […]
September 12 2024
VALENTINE’S DAY IN THE SPOTLIGHT AT THE ADVERTISING REGULATORY BOARD
On the 20 June 2024, the Advertising Appeals Committee (AAC) of the Advertising Regulatory Board (ARB) was convened to consider an appeal against the ARB’s Directorate dismissal of a consumer complaint against Netflorist.co.za. Netflorist serves as an online gift and florist store and the advert in question was made for television and online platforms. “Babe, […]
September 12 2024