News & Insights
SHORT-TERM INSURANCE CLAIM APPROVED BUT DISSATISFIED WITH THE PAY OUT? HERE IS SOMETHING TO CONSIDER
It is not unusual to have insurance claims approved but payouts being underwhelmingly low and/or slow. This was mostly seen during COVID-19 in relation to business interruption claims. Whilst most claims were approved by the insurers, the payouts left the insureds with great dissatisfaction. Despite COVID-19, many other major events led to this kind of […]
April 13 2023
The Cybersecurity Challenge: How Businesses Can Safeguard Themselves Against the Evolving Threats of Cybercrime.
Businesses across the spectrum are increasingly making use of the services of technology to manage their operations more efficiently. Unfortunately, this has led to a significant rise in cybercrime which is regarded by many as the fastest growing criminal activity around the world. Types of cyber threats The cyber threats faced by businesses are continuously […]
April 11 2023
Kenyan Anti-Counterfeiting Authority - PUBLIC NOTICE No 1/2023
In December 2022 and in line with its proposed phased approach, the ACA published a list of HS codes for goods which have been categorized under phase one of the implementation process and now require ACA import permit application starting 1st January 2023. The HS codes published then covered electrical machinery and equipment and parts thereof; sound recorders […]
April 06 2023
ARE YOU UNDERINSURED? A NASTY LITTLE INSURANCE PRINCIPLE MAY JUST COME BACK TO BITE YOU
Many policyholders are underinsured, whether it be deliberately or ignorantly so. Either way, it may just come back to bite them at the claims stage. Principle of average Underinsurance arises when the amount for which an object is insured is less than the actual value thereof. When this happens, it gives rise to the principle […]
March 31 2023
Nigeria enacts new Copyright Act
Nigeria enacts Copyright Act, 2022 to repeal the Copyright Act, 2004 The President of Nigeria, Muhammadu Buhari, signed the Copyright Bill, 2022 into law on 17 March 2023. This Act, that will presumably be known as the Copyright Act of 2023, repeals the Copyright Act of 2004. A statement issued by the Office of the […]
March 30 2023
ANOTHER VICTORY FOR THE INSUREDS IN A COVID-19 BUSINESS INTERRUPTION CASE
Many would have thought that all Covid-19 business interruption cases are long finalised. This is not the case. The judgment of late February 2023 in 43 Air School Holdings (Pty) (Ltd) & Others v AIG South Africa Ltd is one of many Covid-19 business interruption cases that are still ongoing. It is not unreasonable to […]
March 28 2023
National Shutdown events and business insurance matters
The National Shutdown of 20 March 2023 saw many businesses and institutions close down in fear of violence and destruction to their properties. To the contrary (credit being due to the protestors and overwhelming visibility of law enforcement) this was not the case. Whilst the anticipated damage was less than expected, it is nonetheless apt […]
March 23 2023
Shield Yourself: The Vital Role of Professional Indemnity Insurance in Today's Litigious Landscape
Litigation in South Africa has risen tremendously over the years with more and more individuals and organizations seeking redress through our courts. The increase in litigation can largely be ascribed to: Improved access to justice through initiatives, such as the Small Claims Court, Legal Aid South Africa, and the various industry Ombuds. Consumer friendly legislation, […]
March 16 2023
Fashion never goes out of style – then why not protect it?
Fashion trends come and go, but for designers who take their creative work seriously, protecting the intellectual property (IP) rights of a design ensures long-lasting value. Entrepreneurs in the fashion industry need to be made more aware of the benefits of obtaining registered design protection for their creative IP. Most tend to turn to legal […]
March 16 2023
GOVENDER vs GUARDRISK INSURANCE COMPANY LIMITED: A VICTORY THAT GIVES HOPE TO THE INSUREDS WITH THE REJECTED MOTOR VEHICLE INSURANCE CLAIMS
Most short-term insurance policies have a standard “precautionary clause” that requires the insureds to “take all reasonable precautions to prevent loss, damage, accidents…”. This clause ordinarily forms part of the general terms and conditions of the policy. It is not uncommon for insurers to rely on this clause to reject claims – sometimes rightly so, […]
March 15 2023
UGANDA: Workshop with WIPO on IP for Small and Medium Enterprises
From 23 to 24 February 2023, WIPO, in collaboration with Uganda Registration Services Bureau and ARIPO, held a national workshop on intellectual property for small and medium enterprises in Uganda, Kampala. The aim of the workshop was to bring awareness to the participants on the role of intellectual property as an effective tool in driving […]
March 08 2023
TANZANIA: Wilmar Resources Pte Ltd V Tiffany & Co. (well-known trademarks)
Wilmer Resources Pte Limited (“the Applicant”), a company incorporated under the laws of Singapore, applied to register the trade mark TIFFANY in Tanzania in classes 3 and 5. The trade mark applications were opposed by Tiffany & Co. (“the Opponent”), the luxury jewelry and specialty design house. For purposes of efficiency, the two separate oppositions […]
March 08 2023
SOUTH AFRICA: Development in the hemp and cannabis industry
In October 2021, the Department of Agriculture, Land Reform and Rural Development, issued amendments to standing Regulations, which declared Cannabis sativa L, commonly known as ‘hemp’, as an agricultural product, in terms of the Plant Improvement Act No. 53 of 1976. The significance of the amendment was that, subject to acquiring a Hemp Permit from the Department of Agriculture, Land Reform […]
March 08 2023
LESOTHO: Consultation with WIPO on National Intellectual Property Policy
From 20 February to 30 March 2023, Lesotho will be hosting a team of experts from the World Intellectual Property Organisation (WIPO). The visit is said to be for the purposes of providing technical assistance and support in the formulation of the country’s National Intellectual Property Policy/Strategy and strengthening the legislative framework for the protection […]
March 08 2023
EGYPT: Increase in Patent Examination Official Fees
From 22 February 2023, the official fees for patent examination increased from EGP 17,000 to EGP 25,000 in Egypt. A decree in this regard was published in the Official Gazette number 43 dated 21 February 2023 by the Patent Office. The fees increase follows a decision by the country’s ministry of Higher Education and Scientific […]
March 08 2023
CONGO (OAPI):Approval of the statutes of the Industrial Property Office
According to the published minutes of the meeting of the Council of Ministers that was held on 15 February 2023, the Minister of Industrial Development and Promotion of the Private Sector, submitted a draft decree approving the statutes of the Congolese Industrial Property Office (IPO) to the council for consideration. It is recorded that the […]
March 08 2023
ARIPO: Meeting with WIPO on developing the Regional TISCs Network
On 23 to 24 February 2023, ARIPO (Africa Regional Intellectual Property Organisation) together with WIPO (World Intellectual Property Organisation), held a regional meeting on developing the Regional Technology and Innovation Support Centres (TISCs) Network, in Harare, Zimbabwe. According to WIPO, the TISCs concept was designed by WIPO based on its Developments Agenda. The main objective […]
March 08 2023
NON-DISCLOSURE: A CALL ON THE LEGISLATURE TO COME TO THE AID OF POLICYHOLDERS.
Non-disclosures by policyholders are rife within the long-term insurance industry. A non-disclosure can be committed fraudulently, innocently, or negligently. In any respect, the non-disclosure needs to have been material and must have induced an insurer into entering a contract of insurance to warrant the contract being avoided (cancelled). The test for materiality is an objective […]
March 07 2023