News & Insights
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
Nigerian national workshop on TRIPS
From 28 to 30 May 2024 a national workshop on the Agreement on Trade Related Aspects of Intellectual Property (TRIPS), organised by the World Trade Organisation (WTO) in collaboration with the Federal Ministry of Industry, Trade and Investment, Nigeria was held at the Nigeria Export Promotion Council, in Abuja. Although Nigeria has been a signatory […]
June 18 2024
New Executive Director of the Copyright Society of Liberia
The Copyright Society of Liberia (COSOL), responsible for the protection and promotion of creative works, as well as, amongst other things, the collection and distribution of royalties for the use of creative works, has appointed a new Executive Director, Mr James Y. Draper. Mr. Draper is the former Executive Secretary of the Liberian National Commission […]
June 18 2024
Landmark visit by the DG of WIPO to OAPI office and conference
On 3 and 4 June 2024, the Director General of the World Intellectual Property Organization (WIPO), Mr Daren Tang, made a historic visit to the OAPI offices in Cameroon, for the‘WIPO Conference with the Heads of National Intellectual Property Structures of OAPI Member States’. On the first day of the conference there was a ministerial […]
June 18 2024
Ghana joins TMclass
From 13 May 2024, the Registrar General in Ghana will use and accept the terms from the harmonised database of goods and services (HDB) in TMclass. The incorporation of the Ghanian Registry in TMclass takes the total number of participating national and regional IP offices, which includes ARIPO, OAPI, WIPO and the EUIPO, to 93. […]
June 18 2024
Transition to E-filing – CIPA closure
In a public notice, the Companies and Intellectual Property Authority of Botswana (CIPA), announced that the online, e-Filing, system will launch in June 2024. In preparation for the launch, CIPA announced the closure of its offices from 3 June 2024 until 14 June 2024 and that it would not accept any paper documents or electronic […]
June 18 2024