News & Insights
Francophone Alliance for Intellectual Property is launched
On 2 October 2024, amidst the Francophonie summit, the Alliance Francophone pour la Propriété Intellectuelle was launched in France, and attended by many institutions, including the African Intellectual Property Organization (OAPI). The intended purpose of the Alliance Francophone pour la Propriété Intellectuelle is to enhance and promote the French language as a working language in […]
November 11 2024
Creative Economy Development Fund Launched in Nigeria
On 23 October 2024, the Federal Executive Council of Nigeria approved the Creative Economy Development Fund (CEDF) and the implementation of the Intellectual Property Monetisation Pilot (IPM Pilot). The establishment of the CEDF highlights Nigeria’s commitment to supporting creatives in the sector by providing much needed funding with a view to encouraging growth in the […]
November 11 2024
Pyrogen to launch Bio-char Infused Concrete Plant
A Kenyan startup company, Pyrogen, has developed an eco-friendly alternative to traditional concrete by including bio-char in its concrete mix, allowing it to sequester carbon dioxide (CO2). Following the award of a utility model patent in Kenya for the technology, Pyrogen is moving to the next phase of creating a pilot plant in the Baringo […]
November 11 2024
Government Committee meets to discuss development and implementation of various IP legislation
The Portfolio Committee on Trade, Industry and Competition comprised of members of the South African National Assembly held a meeting on 22 October 2024 discussing the development and implementation of various legislation including laws relating to intellectual property (IP). The committee first considered the Intellectual Property Laws Amendment Act No. 28 of 2013 (IPLAA), which […]
November 11 2024
Protecting well-known rights in the absence of deception and confusion.
Introduction Trade marks are meant to differentiate your goods or services from the goods or services of a third party. Sometimes, third parties may seek to take a short cut and turn a quick profit by using your trade mark in order to ride on your coattails and take advantage of the time and money […]
November 07 2024
Raising the Bar: Insights on Why Sub-Standard Expert Reports Fail in Court – Lessons from a Recent Insurance Repudiation Case
On 16 October 2024, the Pretoria High Court delivered a judgment in an insurance case where the insurer had repudiated the policyholder’s claim on three grounds: The policyholder drove at an excessive speed, showing reckless behaviour; The policyholder allegedly misrepresented facts in his claim by stating he was avoiding a dog when he lost control […]
November 05 2024
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