News & Insights
RWANDA’S NEW INTELLECTUAL PROPERTY LEGISLATION FROM A TRADE MARK PROSECUTION PERSPECTIVE
Rwanda published and enacted Law n° 055/2024 of 20/06/2024 on the Protection of Intellectual Property (“the new Act”) on 31 July 2024, repealing Law n° 31/2009 of 26/10/2009. The new Act introduced some notable changes from a trade mark prosecution perspective. Acquired distinctiveness Previously, the Minister or a competent court had to consider whether a […]
September 12 2024
RWANDA’S NEW INTELLECTUAL PROPERTY LEGISLATION FROM A PATENT PERSPECTIVE
From a patent perspective, the new Act aims to enhance efficiency and align with international standards. Key changes include the option to amend patent applications before allowance or refusal, provided they do not extend beyond the initial scope. Applications can now be converted into provisional applications before examination, allowing for earlier filing dates. The new […]
September 12 2024
BIGG BOSS VERSUS BIGG POPS
Emanating from an opposed trade mark opposition, Rwanda’s Registry recently handed down a decision, where the Registry was called on to consider if the trade marks BIGG BOSS and BIGG POPS, when used in relation to confectionery, were confusingly and deceptively similar. In its decision, the Registry referred to foreign case law which emphasised that […]
September 12 2024
THE TRADE MARKS OFFICE IS ACCEPTING NEW APPLICATIONS
By Ministerial Decree, and with effect from 2 September 2024, the Libyan Trade Marks Office is once against processing freshly filed trade mark applications. A formal requirement to keep in mind when filing trade mark applications in Libya is that the application should be filed together with a legalised power of attorney and a company […]
September 12 2024
IP AND TRADTIONAL MEDICINES
The Companies and Intellectual Property Authority (“CIPA”) in Botswana is leading an initiative that is aimed at preventing biopiracy and ensuring that local knowledge of traditional medicine is not exploited without benefiting the local communities as well. To achieve this, CIPA is, effectively, looking to establish a register for traditional medicine practitioners as well as […]
September 12 2024
Adams & Adams strengthens African footprint with new franchise office in Mauritius
11 September 2024 – Adams & Adams, an internationally recognised and leading African law firm, is proud to announce the opening of a franchise office in Mauritius, marking a significant milestone in the firm’s strategy to enhance its legal service offerings across Africa. “Mauritius is one of Africa’s fastest-growing economies, with a robust legal framework […]
September 11 2024
Rwanda’s New Intellectual Property Legislation
Rwanda published and enacted Law n° 055/2024 of 20/06/2024 on the Protection of Intellectual Property (“the new Act”) on 31 July 2024, repealing Law n° 31/2009 of 26/10/2009. The new Act introduced some notable changes, which are outlined below. Trade Marks Acquired distinctiveness Previously, the Minister or a competent court had to consider whether a […]
September 11 2024
A TIMELY REMINDER FOR EX-EMPLOYERS ON REQUIREMENTS TO BE SATISFIED FOR WITHHOLDING EX-EMPLOYEES PENSION FUND BENEFITS
Introduction: When employees are dismissed or abscond following suspected theft or misappropriation of funds, ex-employers often attempt to recover the lost funds from the ex-employee’s pension benefits. In such cases, time is of the essence, as ex-employees may try to withdraw their pension benefits quickly. To have a chance of recovering the lost monies, an […]
September 10 2024
Adams & Adams visits OAPI Headquarters in Cameroon
Towards the end of September 2024, Adams & Adams Partners, Simon Brown and Nicky Garnett and Africa Practice Manager, Menzi Maboyi, travelled to Cameroon to visit our Associate Office and to hold meetings with the OAPI Director General (DG), Mr Denis Bouhoussou and his team at the OAPI Headquarters in Yaounde.. This was an opportune […]
September 03 2024
Little Wiggle Room: The Power of Payment Certificates in Construction Contracts
The High Court of South Africa, Gauteng Division, Pretoria, was recently called upon to decide on a claim based on interim payment certificates from a building contract between the applicant, a construction company, and the respondent, a shopping centre. Under the building contract, the applicant was contracted to build a shopping centre in Montana, Pretoria. […]
August 30 2024
TRADE MARK OFFICE TO RESUME OPERATIONS FROM 2 SEPTEMBER 2024
The Libyan Trade Mark Office (“TMO”) has been operating at limited capacity and has not been accepting new filings for some time. However, following a recently issued ministerial decree, the TMO will resume operations as of 2 September 2024. From this date, applicants will once again be able to file trade mark applications in Libya. […]
August 21 2024
Liability Insurance: Can A Third-Party Plaintiff Successfully Sue An Insolvent Policyholder?
Introduction Any party that decides to launch legal action does so with the goal of attaining legal recourse. In insurance, specifically, parties typically sue for damages. On the surface, it may seem futile to sue an insolvent person, as the chances of recovering damages are practically non-existent. The question, therefore, becomes whether it is possible […]
August 16 2024
Restraint of Trade Clauses: Balancing Employees' Rights to Work versus Employers' Proprietary Interests
Once regarded as unlawful for being against public policy and therefore unenforceable, restraint of trade clauses are now a common feature in employment contracts. The High Court of South Africa, Gauteng Division, Pretoria, was recently called upon to enforce a restraint of trade agreement between the applicant and the first respondent, its erstwhile employee, as […]
August 15 2024
Stakeholder meeting on the Anti Counterfeit Goods and Services Bill
On 3rd July 2024, a public stakeholder meeting was held over the Anti Counterfeit Bill in Kampala. The Anti Counterfeit Bill, 2023 is a Private Members Bill, that is, introduced by a Member of Parliament of Uganda and not the Government. The meeting was attended by government agencies such as the Uganda Police Force, Uganda […]
August 12 2024
Commercialisation of Plant Breeders’ Rights in the spotlight, as Japanese Kimito apple heads to South African shores.
An apple plant variety (HFF63) developed by Hirosaki University in Japan, and marketed under the name ‘KIMITO’, is to be cultivated in South Africa before the end of 2024. The venture follows an agreement between the university and Japanese food wholesaler and distributor, Wismettac Foods Inc. According to Wismettac Foods’ Mid-Term Business Plan (2024-2026) (https://www.wismettac.com/en/ir/library/plan/main/00/teaserItems1/00/linkList/0/link/MTP_full_E.pdf, […]
August 12 2024
Third-Party Notices: Navigating the Fine Line Between Contractual and Delictual Liability
Often, more than one Defendant is sued for damages that a Plaintiff has sustained, whether jointly or in the alternative. Uniform Rule 13 allows a Defendant to issue a third-party notice against another Defendant where the former believes it is, in law, entitled to a contribution or indemnification from the latter. This scenario unfolded in […]
August 12 2024
The 5th annual All Africa Intellectual Property Rights Summit, 2024
The fifth edition of the All Africa Intellectual Property Rights Summit is to be held in Kigali from 28 to 30 November 2024. The summit is an initiative of the Africa Intellectual Property Centre, an organisation established in 2019 by the International Trade and Research Centre (An independent organisation aimed at providing support and public […]
August 12 2024
Geographical indication registrations for products from member states in line with its 2023-2027 Strategic Plan
The OAPI 2023-2027 Strategic Plan emphasises the organisation’s resolve to prioritise the establishment, development and protection of Geographical Indications for products originating from OAPI member states. Since the adoption of this strategic resolution, there has indeed been a rise in reports of geographical indication (“GI”) registrations granted for several products from OAPI member states. Amongst […]
August 12 2024