News & Insights
WHAT IS THE LEGAL POSITION REGARDING INSURANCE CLAIMS THAT TAKE LONG TO FINALISE?
It is not unusual for many insureds to complain about unexplained delays in their insurance claims. More often than not, insureds undergo a very frustrating period whilst waiting for the outcome of their insurance claims. There are many applaudable reasons why insureds may become frustrated when there are delays in the claiming process – an […]
March 02 2023
Artificial Intelligence and IP - Who owns the copyright
“you just can’t differentiate between a robot and the very best of humans.” ― Isaac Asimov, I, Robot If a user were to provide an artificial intelligence (AI) program, such as ChatGPT, with a storyline and it produced a best-selling novel, would that novel be protected by copyright? And if it is, who would own […]
March 01 2023
What to know about a property condition before signing the agreement
Concluding an agreement for the sale or lease of immovable property can be an overwhelming experience, and one can easily overlook some of the most important clauses in the agreement. The condition of the property often becomes a contentious issue after registration of the property or conclusion of a lease, when the purchaser or lessee […]
February 27 2023
Policyholders who fail to perform regular maintenance risk their insurance claims being rejected Author JP Rudd
Insurance policies often contain clauses requiring policyholders to take reasonable steps to maintain an insured object. The reason therefore is quite simple – the purpose of insurance is to protect policyholders against unforeseen events, not to compensate them for wear, and tear. A policyholder’s failure to maintain an insured object may result in any claim […]
February 23 2023
Insurance law amid ongoing flooding
Introduction: South Africa has been experiencing a heavy downfall for a couple of weeks now, which has resulted in heavy flooding in most provinces. It is for this reason that the President of the country has declared a National State of Disaster. The ongoing flooding has caused serious damage to people’s properties, cars, house contents, […]
February 22 2023
Ombud holds insurer liable to pay on equitable grounds
The Ombudsman for Short Term insurance has ruled that an adventure resort’s insurer is liable to indemnify it against a claim brought by one of its patrons. On 19 January 2019, a patron sustained severe burns when hot oil from one of the resort’s quad bikes spilled onto the patron’s legs. The patron immediately demanded […]
February 15 2023
New Proposed Regulations for Labelling and Advertising of Foodstuffs – open for commentary
New proposed Regulations for the Labelling and Advertising of Foodstuffs under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 have been published for commentary. Comments may be submitted by 30 April 2023. The draft regulations are considerably more extensive and specific than the current regulations, as amended in 2012, and cover a broad range of issues […]
February 14 2023
Regulations for Crypto Ads
In line with developments in the market, new Advertising Regulations for Crypto Ads have been implemented. Notice of the prohibition of use of the CAPE FLORA logo mark, in terms of the Merchandise Marks Act, has been published for comment by 5 March 2023 and proposed changes to the Regulations for the Labelling and Advertising […]
February 14 2023
Merchandise Marks Act: Commentary called for protection of CAPE FLORA
Notice has been published in terms of Section 15(1) of the Merchandise Marks Act of 1941 proposing the prohibition of use of the CAPE FLORA logo, depicted below, or similar drawings, which might cause confusion with any trade, business, profession or occupation or event, in connection with any trade mark, mark or trade description applied […]
February 14 2023
SIERRA LEONE - Compulsory availability search
A compulsory availability search is now conducted by the Sierra Leone Registry upon filing an application for a trade mark. Compulsory availability search There have been changes in the administrative processes at the Sierra Leone Registry, one of which is that, upon submission of an application for a trade mark, a compulsory availability search is […]
February 14 2023
Instatement and Diplomatic Tour of the Deputy Director General
Following the instatement of the new Deputy Director General of OAPI, he and the Director General went on a diplomatic tour to the embassies and consulates of the OAPI member states. Instatement and Diplomatic Tour of the Deputy Director General On 11 January 2023, the recently appointed Deputy Director General of OAPI, Mr. Oualou Panouala, […]
February 14 2023
2nd phase of OAPI Geographical Indicators
An evaluation mission of the French Development Agency (AFD) was recently in Cameroon to attend to field trips and various meetings with, inter alia, cocoa producers, as part of the second phase of the Support Project for the Implementation of Geographical Indicators (PAMPIG II). The second phase of PAMPIG II will, when completed, see the […]
February 14 2023
Mr. Asein reappointed as DG of the Nigerian Copyright Commission
A letter dated 12 January 2023 and issued by President Muhammadu Buhari has confirmed the renewal of Dr. John Asein’s tenure as Director General of the Nigerian Copyright Commission. Dr. Asein’s tenure was renewed for a second and final tenure of four (4) years. The Society of Young Nigerian Writers (SYNW) congratulated Dr. John Asein […]
February 14 2023
Drafting committee for Trade Mark Practice Directions
Inaugural meeting of the drafting committee for Trade Mark Practice Directions. Renewal of tenure of the DG of the Nigerian Copyright Commission. Drafting committee for Trade Mark Practice Directions The Nigerian Trade Marks Registry has constituted a five-person drafting committee, in collaboration with various stakeholders, to work towards preparing a long-awaited, draft practice directive for […]
February 14 2023
MAURITIUS
Mauritius has acceded to the Madrid Protocol and Hague Act on 6 February 2023. Both the Madrid System and the Hague System will be effective in Mauritius from 6 May 2023. Mauritius accedes to Madrid Protocol and Hague Act On 6 February 2023, Mauritius deposited its instrument of accession to the Madrid Protocol, as well […]
February 14 2023
GHANA
The rate of value-added tax in Ghana has increased to 15% effective 29 December 2022. VAT increase On 29 December 2022, the Value Added Tax (Amendment) (No. 2) Act, 2022 (“the VAT Amendment Act”) was assented to by the President of Ghana. In terms of Section 3(1) of the VAT Amendment Act, the rate of […]
February 14 2023
ARIPO
Use of the ARIPO (African Regional Intellectual Property Organisation) system is on the rise and there have positive developments within the organisation, according to the 2022 statistics and highlights which it announced recently. 2022 ARIPO Highlights The African Regional Intellectual Property Organization (ARIPO) has announced that it is on a positive trajectory and posted some […]
February 14 2023