News & Insights
OGAPI seminar raises awareness of Genetic Resources, Traditional Knowledge and Cultural Heritage
The General Directorate of the Gabonese Industrial Property Office (OGAPI) recently organized a seminar in Libreville on the theme of model laws on Genetic Resources, Traditional Knowledge and Cultural Heritage. The seminar presented model laws, with the aim of providing OAPI member states with a harmonized legal framework for the management of Genetic Resources, Traditional […]
July 15 2024
OAPI grants collective trademark for Attiéké
In further Geographical Indication (GI) news, the African Intellectual Property Organization (OAPI) has reportedly granted a collective trademark for Attiéké, a fermented cassava semolina traditionally produced by the lagoon communities of Côte d’Ivoire. The grant of this GI will hopefully strengthen the profile and desirability of this unique local foodstuff, which has been touted as […]
July 15 2024
WIPO Commits to Supporting Cameroon's Intellectual Property Strategy Revamp
WIPO Director General, Daren Tang, recently concluded a series of meetings culminating in his attending the Heads of Intellectual Property Offices Conference (HIPOC) of African Intellectual Property Organization (OAPI). This reportedly marks the first ever visit of a WIPO DG to both Cameroon and to OAPI headquarters. As part of the visit, the DG met […]
July 15 2024
CNIPA launches Patent Prosecution Highway Pilot Program
From 8 June 2024 to 7 June 2029, the African Regional Intellectual Property Organization (ARIPO) will be implementing a bilateral Patent Prosecution Highway (PPH) pilot program in partnership with the China National Intellectual Property Administration (CNIPA). When using the PPH, an applicant which receives a positive examination in one jurisdiction can request expedited examination of […]
July 15 2024
Africa group asks for changes to WTO rules
On the 19th of June, the Africa Group at the World Trade Organization (WTO) has again asked for changes to WTO rules governing the acquisition and transfer of IP for the purpose of tackling a number of environmental and development challenges. This follows the March 2023 publication of a communication which laid out the groups’ […]
July 15 2024
Draft vertical restraint regulations & their potential impact on competition law
On 3 June 2024, the Department of Trade, Industry and Competition published draft vertical restraint regulations for comment (“the Draft Regulations”) along with a memorandum to provide context in respect of the draft regulations. These regulations relate to the prohibition on restrictive vertical practices as set out in section 5 of the Competition Act, 89 […]
July 15 2024
Influencer Marketing and Intellectual Property: How to Gain a Competitive Advantage
It is no secret that influencers are currently at the forefront of the marketing industry. It comes as no surprise when products or services “go viral” as a result of their promotion through influencers on online platforms. Enterprises are leveraging influencers’ reputations and brands to acquire goodwill in their own brands and to put the […]
July 12 2024
Tips and tricks: an in-house counsel’s guide to IP protection
The responsibility for the management of an IP portfolio for any business is a daunting task. For that reason, many entities create a dedicated position within their broader legal team to oversee and safeguard their IP. Having been thrown into this role myself in my career, I have compiled a list of a few tips […]
July 01 2024
What Could Happen When a Coalition Doesn’t Work: City of Tshwane as a Case Study
Who Will Guard the Guardians? The political landscape in our country has reached somewhat of a turning point following the national elections which saw the ANC falling below 50% nationally, and no single party winning more than 50% of the vote in provinces like Gauteng and Kwa-Zulu Natal. Coalition governments and the so-called ‘Government of […]
June 24 2024
I lost my original title deed, what now?
A title deed is issued to the registered owner of a property as proof of ownership. An owner wishing to exercise his rights, such as to sell or mortgage his property, will be required to lodge the original title deed with the relevant Deeds Office, through the appointed conveyancing attorney, in order for registration to […]
June 20 2024
Saying “I DO” with legal certainty
The importance of having an antenuptial contract drawn up is often lost when you are caught up in the magical whirlwind of planning your special day, and the excitement of starting your happily ever after fairytale. The very last thing you are thinking is “what will happen if I get divorced”. You are not even […]
June 20 2024
NEWSFLASH: WIPO ADOPTS TREATY ON BIOPROSPECTING, TRADITIONAL KNOWLEDGE
While South Africa has been understandably caught up in election fever, a quietly momentous event has taken place in Geneva. On 24 March 2024, the World Intellectual Property Organization (WIPO) member states adopted a new Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. This adoption follows decades of negotiation and, more recently, vigorous […]
June 18 2024
The illusive class 32 - Design Protection Considerations for Shop Layouts in South Africa
Shop layouts play a significant role in attracting and retaining customers. The way a store or establishment is designed can have a substantial impact on consumer behaviour and brand identity. The risk of having your unique shop layout copied by competitors is a valid concern. In South Africa, an intellectual property instrument in the form […]
June 18 2024
Increase in statutory fee unit resulting in increased official fees
Statutory Instrument No. 25 of 2024 enacted the Fees and Fines (Fee and Penalty Unit Value) (Amendment) Regulations, 2024 on 15 April 2024. In terms of the new Regulations, the statutory unit fee has been revised from 30 Ngwee [K0.30] to 40 Ngwee [K0.40]. The increase in the statutory unit fee has led to an […]
June 18 2024
Secretariat of the African Continental Free Exchange Zone visits OAPI
On 2 and 3 May 2024, the Secretariat of the African Continental Free Exchange Zone (ZLECAF) visited OAPI’s offices in Yaoundé, Cameroon. The meeting between Mr. Desire Loumou, Head of the Intellectual Property Rights Division and Fikremarkos Merso, expert in Intellectual Property rights and the General Management of OAPI, was to facilitate initiating constructive dialogues […]
June 18 2024
SA Cannabis for Private Purposes Act signed into law
On 28 May 2024, President Cyril Ramaphosa signed into law the Cannabis for Private Purposes Act (CfPPA). The Act regulates the cultivation, possession and use of cannabis by adults in a private setting. The CfPPA removes cannabis from the Drugs and Drug Trafficking Act. It also paves the way for the amendment of the Schedules […]
June 18 2024
A recent decision: The road to Section 10(7) is paved with bad intentions
“The road to hell is paved with good intentions” is an old English proverb, meaning that well-intentioned actions may have unintended consequences. One might say that the road to section 10(7) of the Trade Marks Act is paved with bad intentions, as it provides that trade mark applications filed mala fide are considered unregistrable. […]
June 18 2024
Workshop to bolster substantive examination of trade marks
From 13 to 16 May 2024, five trade mark examiners from OAPI participated in a four-day workshop with EUIPO examiners at EUIPO’s offices in Alicante, Spain. The workshop is part of a project with the aim of lending‘Support to the OAPI capacity building programme for trade mark and design examiners at the EUIPO on substantive […]
June 18 2024