News & Insights
Training on IPR Enforcement for ARIPO member states
From 28 to 30 May, a three-day training session on Intellectual Property Rights (IPR) Enforcement for ARIPO member states was held in Nairobi, Kenya. The training, organised by ARIPO in collaboration with Intellectual Property in Africa #AfrIPI and the Kenya Industrial Property Institute (KIPI), brought together IP professionals, government officials and law enforcement personnel to […]
June 18 2024
Banjul meeting: Director General meeting with the President of The Gambia
ARIPO Director General, Mr Bemanye Twebaze, and his delegation travelled to Banjul, The Gambia for a two-day high-level mission on 6 and 7 May 2024. The discussions were aimed at the advancement of The Gambia’s socio-economic agenda through the support of the ARIPO IP system. The mission included a diplomatic engagement with the President of […]
June 18 2024
2nd Edition of the African Publishers Conference
The 2nd edition of the African Publishers Conference, hosted by ARIPO and the Zimbabwean Book Publishers Association (ZBPA), was held at the ARIPO Office in Harare, Zimbabwe from 3 to 4 June 2024. The theme was “Enhancing the Capacity of African Publishing Industry for the Promotion of Literacy”. The conference was organised by the African […]
June 18 2024
Political party names & symbols – Is trade mark registration worth it?
In recent years, the South African courts have been called on to adjudicate much-publicised trade mark disputes involving the names and logos of prominent political parties. The dispute between the ruling party, the African National Congress, and the ‘new’ party on the block, uMkhonto Wesizwe, being the latest of such cases. While political parties are […]
June 13 2024
Debarments: A Symptom of Deeper Cultural Issues in the Financial Services Sector
Dishonest conduct by representatives of financial service providers (“FSPs”) continues to plague the sector. This is evident from an analysis of the most recent rulings of the Financial Services Tribunal, where a substantial proportion of the rulings pertain to reconsideration applications, challenging FSPs’ decisions to debar their former representatives. Are these simply the actions of […]
June 11 2024
Repealing Legal Barriers: A Triumph for Freedom of Expression in South Africa
The recent repeal of the crime of criminal defamation in South Africa marks a significant victory for press freedom, and the right to freedom of expression. This significant development, enacted through the Judicial Matters Amendment Act No. 15 of 2023, dismantled a considerable obstacle to the constitutional right to freedom of expression, which subjected journalists […]
June 05 2024
Leading law firm Adams & Adams rebrands
Blurb: Leading African law firm, Adams & Adams, is rebranding to modernise its image and reposition itself in the marketplace. Adams & Adams has announced the launch of its refreshed brand identity. Like any rebrand, this is both a costly and time-consuming exercise, and rightfully begs the twin questions of whether a rebrand is appropriate, […]
June 05 2024
When things don’t go according to plan: the building plan conundrum in the sale of property transactions
When dealing with the sale of property transactions, focus is often placed on the essential terms of the contract of sale i.e. the capacity of the parties, the property description, and the purchase price. There is however another crucial aspect which is often not addressed in the contract of sale and that is the production […]
June 05 2024
Navigating Merger Transactions in South Africa: A Strategic Approach to Public Interest
The South African economy has faced significant headwinds and continues to be constrained by sky-high interest and unemployment rates, power grid constraints and political uncertainty. Despite these and many other challenges, South African businesses find a way to remain competitive internationally, through innovative solutions and in many instances sheer grit and determination. Its ability to […]
June 04 2024
Using the law as a force for positive change
Intro: Adams & Adams is best known as an intellectual property law firm, has been involved in some ground-breaking cases that have had major impacts on SA. By Ciaran Ryan At 116 years of age, Adams & Adams has been part of SA’s developmental story. Best known as an intellectual property law firm, it’s roster […]
June 04 2024
In-Person Commissioning: An Outdated Inconvenience Awaiting Parliamentary Intervention
In today’s fast-paced digital world, legislation often struggles to keep up with the rapid advancements in technology. An example of such legislation is the Justices of the Peace and Commissioners of Oaths Act, 16 of 1963 (“the Act”). The Act requires that oaths be administered in the presence of a commissioner of oaths. Is this […]
June 04 2024
Legal Battle Over Towed Vehicle Ends in Favour of Insurer
A judgment from the High Court of South Africa, Eastern Cape Division, Mthatha, serves as a timely reminder that a lien (right of retention) can be defeated by providing adequate security for the debt alleged to be due. On 7 March 2023, the insured was involved in a collision on the road between Port St […]
June 03 2024
Disrupting the state of video game play
I have recently been exposed to the exploits of Mikey Turtle in Minecraft and Roblox minigames and experiences, but my exposure has been enough to lead me down the video game rabbit hole. Video game content plays a significant role in digital entertainment and is lauded, and sometimes criticised, for its social and economic impact. […]
May 31 2024
OAPI: E-FILING PROCESS TO COMMENCE FROM 3 JUNE 2024
The OAPI Registry has confirmed the implementation of its e-filing system, which will commence on 3 June 2024. As part of the Registry’s change management objectives, the Registrar has organized a series of virtual meetings to ensure all accredited agents receive adequate training on the new system and processes. The e-filing system will be implemented […]
May 28 2024
Esco-barred: When is a trade mark contrary to morality, or likely to offend?
An application for the PABLO ESCOBAR trade mark, designating multiple classes of goods and services, was recently barred from registration in the European Union, amidst concerns regarding morality and the public’s perception of the mark in Spain. The application was filed by Escobar Inc., the official holding company for Pablo Escobar, founded by his brother […]
May 28 2024
EFFECTIVE RESTRAINTS OF TRADE AND THE ADDED PROTECTION OFFERED BY A PENALTY CLAUSE
It has been said that “restraints of trade are not worth the paper they are written on”. This is far from the truth as many employees have learnt, the hard way. Not only are valid restraints of trade enforceable, but they are also enforced regularly by the Courts. The consequences for the former employee can […]
May 27 2024
Navigating IP rights for business success in Africa
Blurb: Africa offers vast potential for businesses that have the right IP strategy to overcome the continent’s complexities. Africa is a continent of growth and opportunity, with the African Development Bank forecasting a steady increase in the continent’s gross domestic product (GDP) from 3.8% in 2024 to 4.2% in 2025, higher than projected averages for […]
May 27 2024
Navigating rebranding for enterprise success
Founded more than 115 years ago, law firm Adams & Adams has established itself as a trusted brand in the African legal landscape. While the firm is proud of its heritage, it remains committed to evolving as an enterprise, recognising the need to be forward-thinking and cultivating a brand that continues to resonate with its […]
May 27 2024