News & Insights
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
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