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GHANA: A new Industrial Property Office may be on the cards

New legislation has been proposed in Ghana, the purpose of which is to establish a new Industrial Property Office in Ghana.  The Ghana Industrial Property Office Bill, 2023 (“the Bill”) is currently pending before Parliament and has a way to go in the parliamentary process before the Bill can be assented to by the President. […]

Africa Ip updatesGhana
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The Ticking Clock of Justice: Understanding Prescription in Medical Malpractice Claims

Prescription refers to the extinguishment of a legal claim or the loss of a right to take legal action due to the passage of time. The purpose behind prescription is to promote legal certainty, avoid stale claims, and provide a fair and just resolution to disputes. Prescription periods are set out in various laws and […]

Commercial LitigationJean-Paul RuddMedical Malpractice
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Know how to protect your Know-How

A company’s intrinsic expertise, ingenuity and savoir-faire are what makes it unique, marketable, and ultimately successful. When combined, these somewhat tenuous qualities, form part of the company’s intellectual property. How then does a company protect them in order to gain and maintain a competitive advantage? Almost anything that a company uniquely does or creates is […]

Daniëlle van DeventerIntellectual Property
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A guide for first-time home buyers: A Conveyancer’s perspective

Congratulations on the purchase of your first property. While buying your first home is exciting, the process can often seem complex and feel overwhelming.  With this guide we hope to provide some insight to first- time homebuyers.  1) The first step to buying a home is knowing what you can afford It is important to […]

Property LawRohula Kgabu
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RISE IN UNNATURAL DEATHS’ INSURANCE CLAIMS: HOW DO LIFE POLICIES AND THESE CLAIMS WORK?

There have been reports regarding the rise of non-indemnity claims stemming from unnatural deaths. This is certainly worrying for life insurers. This is particularly concerning because life insurers have had to entertain several claims in the past couple of years due to Covid-19 related deaths, and subsequently, the July 2021 unrest and the 2022 Durban […]

Commercial LitigationInsurance LawMtho Maphumulo
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FIRM NEWS
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Truck Arson on the Rise Again: What This Means for the Insurance Industry?

The past few weeks have been engulfed with flames of truck arson attacks in South Africa. Over 20 trucks have been torched in various provinces including Mpumalanga, Limpopo, Kwa-Zulu Natal, etc. While the sudden rise in these incidents is undoubtedly worrisome, one must bear in mind that truck attacks are not a novel phenomenon in […]

Commercial LitigationInsurance LawMtho Maphumulo
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Navigating IP Rights Issues in the Publicly Financed Research and Development Space

The South African Government introduced the Intellectual Property Rights from Publicly Financed Research and Development Act No. 51 of 2008 (the IPR-PFRD Act) in order to provide for effective identification, protection and utilisation of intellectual property (IP) emanating from publicly financed research and development (R&D). The IPR-PFRD Act establishes the National Intellectual Property Management Office […]

Intellectual Property
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All for One, One for All

Twenty-nine years into democracy, our society continues to evolve and undertake efforts to reverse the injustices of our past. The legislature plays a huge role by changing legislation to ensure that it is in line with the goals South Africa wishes to achieve. The most recent proposed change, which we welcome, is the Draft Marriage […]

Commercial LitigationFamily Law
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Nothing but net – shooting too closely to the 2023 Netball World Cup?

The much-anticipated 2023 Netball World Cup is headed to Cape Town, South Africa from 28 July to 6 August 2023 and will be the first Netball World Cup to take place on the African continent. Hitting the headlines this week was the news that Discovery has withdrawn Vitality as the title sponsor of the event, […]

Africa Ip updatesIntellectual PropertyKelly ThompsonNontando TusiTrade Marks
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MiWAY NOT GETTING ITS WAY IN A CAR THEFT CASE: VICTORY FOR THE INSUREDS

INTRODUCTION The North Gauteng High Court recently handed down a judgment which will undoubtedly gain support from many policyholders. Whilst the matter specifically relates to a car insurance claim, the principles laid down in this case will certainly find application in other insurance cases. The case is significant for both the insurers and the insureds […]

Commercial LitigationInsurance LawMtho Maphumulo
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Adams & Adams Mozambique Celebrates 15th Year Anniversary

On 7 July 2023, Adams & Adams’ flagship office in Mozambique celebrated its 15-year anniversary as a member of the Adams & Adams Africa Network (AAAN). The network currently stands at 23 Associate Offices across Africa and includes offices in the headquarter countries of the OAPI and ARIPO regional organisations, Cameroon, and Zimbabwe respectively. The […]

Adams NewsMozambique
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Is Failure to Adhere to Insurance Policy Conditions Always Problematic

Introduction It is almost impossible to think of an insurance policy that does not have any conditions and/or warranties. Most insurance policies, if not all, have various conditions and warranties which, if they are not adhered to, may lead to a lawful rejection of one’s claim. The conditions and warranties perform extremely important functions in […]

Commercial LitigationInsurance LawMtho Maphumulo
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Navigating Risks and Seizing Opportunities: The Transition to a Green Economy

The global business community is undergoing a transition towards a green economy driven by a shared recognition of the urgent need to address climate change, protect natural resources, and promote sustainable development. As businesses in South Africa and elsewhere adopt sustainable practices and environmentally conscious strategies, they can expect to encounter two categories of risks […]

Commercial LitigationInsurance LawJean-Paul Rudd
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SOUTH AFRICA - Imprisonment of counterfeiters

In following on the successful operations shutting down a manufacturing plant of counterfeit oil and lubricant products in 2022 (previous publication at: https://www.linkedin.com/posts/jan-harm-swanepoel-563534136_adams-anti-counterfeiting-team-deals-another-activity-6963798312311271424-JGHP?utm_source=share&utm_medium=member_ios), our Anti-Counterfeiting team assisted the Police and the National Prosecuting Authority to achieve successful criminal convictions of the Accused persons. Both the Accused persons were convicted for contravening the Immigration Act and […]

Africa Ip updatesSouth Africa
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ZIMBABWE - Cabinet approves establishment of Deeds, Companies and IP Authority

Cabinet ministers of the Zimbabwean government considered and approved the establishment of a Deeds, Companies, and Intellectual Property Authority of 6th June 2023, which is to be a semi-autonomous entity. Previously, in October 2022, the Cabinet had approved principles that sought to separate the Company and Intellectual Property section from the Department of Deeds. Cabinet […]

Africa Ip updatesZimbabwe
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RWANDA - Headquarters of African Medicines Agency to be established in Kigali

The headquarters of the first ever African Medicines Agency (AMA) is to be established in Kigali, Rwanda. Agreement to this effect was concluded between the Rwanda and the African Union Commission (AUC) on 10 June 2023. This marks a further step towards making the Agency operational. Rwandan Minister of Health, Sabin Nsanzimana, indicated that the […]

Africa Ip updatesRwanda
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OAPI - OAPI and CEIPI to collaborate on issues

A cooperation agreement between OAPI and the Centre for International Intellectual Property Studies (CEIPI) was signed on 31 May 2023. This reflects a renewal of the collaboration between these institutions, with a view to addressing current issues faced by OAPI. Current issues that OAPI would like to see addressed include the construction of an intellectual […]

Africa Ip updatesOAPI