News & Insights
CYBERCRIME – COURT REAFFIRMS WHO BEARS RESPONSIBILITY FOR PAYMENT WHERE EMAIL SYSTEM IS SPOOFED!!
Cybercrime remains rife, despite the efforts to combat it. In a recent court case, the court reaffirmed the legal position as to who bears responsibility for payment where a third-party accesses an email system, changes the banking details, and payment is made into an incorrect account. In brief, the facts of the matter under discussion […]
October 21 2024
PUBLIC PROCUREMENT BILL: A TURNING POINT FOR PUBLIC PROCUREMENT IN SOUTH AFRICA
The much discussed Public Procurement Bill has recently been passed by Parliament and its enactment awaits the President’s signature. South Africa’s legislative environment, as it relates to the procurement of goods and services, has always been a source of great controversy. The fragmentation of South Africa’s public procurement legislation has resulted in significant challenges for […]
October 21 2024
Where the streets have no names…
The City of Johannesburg Council issued a notice of its intention to consider the renaming of Sandton Drive to Leila Khaled Drive in September 2024. The proposed name change has been met with widespread criticism by residents and businesses alike, but what are the legal principles that would regulate such a decision, and will the […]
October 18 2024
Uganda hosts Africa’s First Women in IP Conference
The African Intellectual Property Organisation (ARIPO) together with the Uganda Registration Services Bureau (URSB) held the inaugural conference on Women in Intellectual Property in Kampala, Uganda. The 3 day conference, which took place between 28- 30 August 2024, hosted guests and speakers from several ARIPO countries. Notable speakers included Bemanya Twebaze, the Director General of […]
October 15 2024
Blind SA approach the Constitutional Court to have the Copyright Amendment Bill signed
In 2022 the High Court declared certain sections of the Copyright Act of 1978 unconstitutional following a successful challenge by Blind SA, together with the legal assistance of Section 27. Blind SA contended that the current Copyright Act limits the availability of works in formats that are accessible to persons with print and visual disabilities […]
October 15 2024
Rwanda announces fund to support agri-tech entrepreneurs
The Hanga Agritech Innovation Challenge Fund, a collaboration between the Rwandan Ministry of Agriculture and Animal Resources and the World Bank, is aimed at supporting agri-tech entrepreneurs. The Fund is a USD 2 million facility that aims to address food challenges and advance food innovation in the country. The Chief Technical Advisor in the Ministry […]
October 15 2024
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