News & Insights
Restraint of Trade Clauses: Balancing Employees' Rights to Work versus Employers' Proprietary Interests
Once regarded as unlawful for being against public policy and therefore unenforceable, restraint of trade clauses are now a common feature in employment contracts. The High Court of South Africa, Gauteng Division, Pretoria, was recently called upon to enforce a restraint of trade agreement between the applicant and the first respondent, its erstwhile employee, as […]
August 15 2024
Stakeholder meeting on the Anti Counterfeit Goods and Services Bill
On 3rd July 2024, a public stakeholder meeting was held over the Anti Counterfeit Bill in Kampala. The Anti Counterfeit Bill, 2023 is a Private Members Bill, that is, introduced by a Member of Parliament of Uganda and not the Government. The meeting was attended by government agencies such as the Uganda Police Force, Uganda […]
August 12 2024
Commercialisation of Plant Breeders’ Rights in the spotlight, as Japanese Kimito apple heads to South African shores.
An apple plant variety (HFF63) developed by Hirosaki University in Japan, and marketed under the name ‘KIMITO’, is to be cultivated in South Africa before the end of 2024. The venture follows an agreement between the university and Japanese food wholesaler and distributor, Wismettac Foods Inc. According to Wismettac Foods’ Mid-Term Business Plan (2024-2026) (https://www.wismettac.com/en/ir/library/plan/main/00/teaserItems1/00/linkList/0/link/MTP_full_E.pdf, […]
August 12 2024
Third-Party Notices: Navigating the Fine Line Between Contractual and Delictual Liability
Often, more than one Defendant is sued for damages that a Plaintiff has sustained, whether jointly or in the alternative. Uniform Rule 13 allows a Defendant to issue a third-party notice against another Defendant where the former believes it is, in law, entitled to a contribution or indemnification from the latter. This scenario unfolded in […]
August 12 2024
The 5th annual All Africa Intellectual Property Rights Summit, 2024
The fifth edition of the All Africa Intellectual Property Rights Summit is to be held in Kigali from 28 to 30 November 2024. The summit is an initiative of the Africa Intellectual Property Centre, an organisation established in 2019 by the International Trade and Research Centre (An independent organisation aimed at providing support and public […]
August 12 2024
Geographical indication registrations for products from member states in line with its 2023-2027 Strategic Plan
The OAPI 2023-2027 Strategic Plan emphasises the organisation’s resolve to prioritise the establishment, development and protection of Geographical Indications for products originating from OAPI member states. Since the adoption of this strategic resolution, there has indeed been a rise in reports of geographical indication (“GI”) registrations granted for several products from OAPI member states. Amongst […]
August 12 2024
China- Egypt Patent Prosecution Highway pilot project extended to 2029
The China and Egypt Patent Prosecution Highway (PPH) pilot project was initiated in 2017 based on a two-year agreement, and at the end of the initial period, in 2019, it was extended for five years to 2024. The bilateral corporation has now again been extended to 30 June 2029. According to the statement that was […]
August 12 2024
ARIPO signs a Memorandum of Understanding with SADC
On 30 July 2024 ARIPO and The Southern African Development Community (SADC) signed a Memorandum of Understanding (MoU) regarding their collaboration on intellectual property matters. This was at the 7th SADC Industrialization Week in Harare, Zimbabwe. SADC is an intergovernmental community organisation, comprising of sixteen member states, namely, Angola; Botswana; Comoros; Democratic Republic of Congo; […]
August 12 2024
ARIPO & CHINA - Fast-tracked patent prosecution expected following the launch of Patent Prosecution Highway Pilot Program
ARIPO and the China National Intellectual Property Administration (CNIPA) have agreed to co-operate on the implementation of a bilateral Patent Prosecution Highway pilot program, which will run for five years, from 8 June 2024 to 7 June 2029. Patent Prosecution Highway (PPH) is a program that functions based on an agreement between jurisdictions, and it […]
August 12 2024
Adams & Adams welcomes Stuart Boyd as new Chief Operating Officer
Pretoria – Adams & Adams, a leading African law firm, is pleased to announce the appointment of Stuart Boyd as chief operating officer (COO), effective 1 August 2024. With a career spanning over 28 years in legal and financial services, Stuart brings extensive experience in strategic management and organisational leadership. He previously served as COO […]
August 01 2024
LIABILITY INSURANCE: WHAT HAPPENS WHEN THE INSURER AND POLICYHOLDER DISAGREE ON SETTLING THE MATTER?
When a liability insurance policyholder is being sued, they refer that legal case to their insurer. If a claim in question falls within the four corners of a policy, the insurer handles the claim on behalf of the policyholder. If the matter goes to court, the court papers cite the policyholder (not the insurer) as […]
July 24 2024
Understanding "Voetstoots" Beyond the Physical Condition of the Property
The term “voetstoots“, derived from Dutch and meaning “as is”, is a common legal term in South African property law. In property sale transactions, the principle implies that the property is sold in its current condition, with all its defects, whether patent (meaning visible) or latent (meaning hidden). If included as a condition in the […]
July 17 2024
An Intellectual Property “Starter Kit” for Startups
Intellectual capital, intellectual property, trade marks, company names, domain names, clearance searches, licensing, patents, designs, trade secrets, copyright … These words or phrases may sound like buzzwords to entrepreneurs, but these words and phrases are keywords for the long-term success of any enterprise. Intellectual property comprises intangible assets which should be protected and leveraged to […]
July 17 2024
ETHIOPIA – Country Visit
Adams & Adams Partner, Stephen Hollis, and Africa Practice Manager, Menzi Maboyi, travelled to Addis Ababa, Ethiopia from 23 – 26 June 2024 to visit our Associate Office and the Ethiopian Intellectual Property Authority (EIPA), where they were scheduled to meet with the Director General (DG) of the EIPA, Mr Woldu Yemessel Baraki, and the […]
July 16 2024
7th OAPI/ARIPO Joint Commission discusses cooperation
At a meeting in Harare, the 7th OAPI/ARIPO Joint Commission met to discuss renewed and deepening cooperation between the two African regional Intellectual Property Organisations. A social media post by ARIPO indicated that the Commission started with an Experts Meeting to develop a 2024-2025 Work Plan detailing strategic areas of cooperation between the two organisations. […]
July 15 2024
Copyright and Related Rights Day
The Tunisian Organization for Copyright and Related Rights (OTDAV) organized the “Tunisian Days of Copyright and Neighboring Rights”, which was held on the 4th and 5th of June. This was the third such event of its kind, which we have reported on previously. The event saw the signing of agreements with several Tunisian universities as […]
July 15 2024
MultiChoice arrests video streaming pirates
In part of its ongoing clampdown on content piracy, South African broadcasting company MultiChoice has announced the arrest of two suspects associated with the Waka TV video streaming piracy operation. The arrests were the culmination of an operation carried out in collaboration with the cybersecurity company Irdeto and the Western Cape’s Cyber Crime Unit. The […]
July 15 2024
43 arrested for production of counterfeit SIM cards
In conflicting news for proponents of South African advanced manufacturing, youth employment and multi-national cooperation, the Gauteng Organised Crime Investigation Unit recently raided a counterfeit SIM card factory located in a house in Sandton. Once on the scene, it found and arrested either 43 or 45 individuals aged between 17 and 36, including two South […]
July 15 2024