News & Insights
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
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