News & Insights
Adams & Adams Named Africa Firm of the Year at Prestigious Managing Intellectual Property Awards
Adams & Adams, the leading intellectual property (IP) law firm in Africa, has been honoured with the coveted Africa Firm of the Year award at the annual Managing Intellectual Property (MIP) Awards for Europe, the Middle East, and Africa (EMEA). In addition, the firm has emerged as the winner of the South Africa Patent Firm […]
June 22 2023
The Constitutionality Dilemma of Regulation 7 to the Road Accident Fund Act, As Amended
The Constitution of the Republic of South Africa, in its supremacy status, requires all three arms of the State, (i.e., the legislature, the executive and the judiciary) to adhere to, and uphold all its principles. This article seeks to discuss the principle of separation of powers as enshrined in the Constitution, with regards to Regulation […]
June 15 2023
Trade Mark Reservations in South Sudan
The Republic of South Sudan, commonly known as South Sudan, gained independence from the Republic of Sudan on 09 July 2011. South Sudan is a relatively new country and is in the process of developing and passing most of its legislations. For example, the country does not have any enacted legislation governing the protection of […]
June 14 2023
PRODUCT LABELLING IN SOUTH AFRICA: LITTLE MARGARINE FOR ERROR
Round 3 was decided with Clover winning the war (despite losing a battle along the way) after a favourable decision was recently churned out by the Supreme Court of Appeal (SCA). Readers may remember that the writer first reported in June 2021 that Clover’s urgent application to interdict the use of STORK BUTTER SPREAD by […]
June 13 2023
ARIPO three-day conference on the enforcement of Intellectual Property Rights in Africa
On 3 – 5 May a three-day conference was held by the African Regional Intellectual Property Organization (ARIPO) in partnership with the Intellectual Property Rights and Innovation in Africa (AfrIPI), the Government of the Republic of Namibia, represented by the Business Intellectual Property Authority (BIPA) and the United States Department of Justice (USDOJ). The event […]
June 13 2023
LIBYA - The Libyan Trade Marks Office opens its operations to foreign trade mark applicants
Libya’s trade mark office suspended the acceptance of trade mark applications and registrations of trade marks filed by foreign applicants on 1 November 2022, by way of an dministrative directive that was issued by the Office of the Ministry of Economy & Trading in Libya. On 28 May 2023, the Libyan Trade Marks office confirmed […]
June 13 2023
OAPI - Mission visit to the geographical area of the Baroness of Guinea
Between the dates of 22 – 26 May 2023 a mission took place in Friguiagbé, Kindia being the geographical area of the Baroness of Guinea. As part of the second phase of the PAMPIG II, a Support Project for the Implementation of Geographical Indications, Baroness from Guinea is one of the products that will enjoy […]
June 13 2023
NIGERIA - The effect of the Business Facilitation Act 2023 on the Nigerian Trade Marks and Patents and Designs Act
The Business Facilitation (Miscellaneous Provision) Act 2023 (BFA) was promulgated on 14th of February 2023, which had a causal effect on various laws, including the Nigerian Trade Marks Act 1965. The BFA amended the definition of “goods” in the Trade Marks Act, to include “services”, thereby expanding the scope of protection under the law and […]
June 13 2023
The Tshela Health Care Case: Challenging the Notion of Immunity for Principals in Medical Malpractice Cases
It is trite law that a principal cannot be held civilly liable for the wrongs committed by an independent contractor unless the principal is personally at fault. The legal position is less clear when the independence of an alleged independent contractor is called into question, as is often the case with medical malpractice cases involving […]
June 12 2023
Back to College at the Supreme Court of Appeal
The Supreme Court of Appeal (SCA) of South Africa recently delivered a judgment in a trade mark infringement case between iCollege (Pty) Ltd (“iCollege”) and Xpertease Skills Development and Mentoring CC (“Xpertease”). The Court found that Xpertease’s use of a mark that closely resembled iCollege’s registered trade mark resulted in a likelihood of deception or […]
June 08 2023
Benefitting from an Insurance Policy in which you are not a Party
Insurance contracts are sometimes referred to as reciprocal contracts because they usually involve both the insured (paying a premium and getting peace of mind) and the insurer (bearing the risk whilst getting premiums) – both parties bear some obligations and (potential) benefits. There are, however, instances where the lines may be blurred. This is due […]
June 05 2023
The Mozambique Industrial Property Institute (IPI) appoints Ms. Sheila Canda as the new Director General
The Mozambique Industrial Property Institute (IPI) recently appointed Ms Sheila Canda as the new Director General. Ms Canda replaces the recently retired Mr. Meque who held the position of Director General since 2013. Ms Canda, who has a masters degree in Intellectual Property, is the first woman to be appointed to the role of Director […]
May 31 2023
The Role of Intellectual Property in Empowering Women's Innovation: Challenges and Opportunities
On the 26th of April 2023, the world celebrated World Intellectual Property Day. This annual observance is dedicated to raising awareness about the importance of intellectual property (IP) rights and their contribution to innovation and creativity. This year’s theme, Women And IP: Accelerating Innovation And Creativity, highlights the role of women in innovation and the […]
May 24 2023
MARRIAGES IN COMMUNITY OF PROPERTY AND CONTRACTUAL CAPACITY
There are various matrimonial property systems governing marriages in South Africa but, looking at the proprietary consequences of marriages, a marriage is either “in community of property” or “out of community of property”. Where an antenuptial contract was duly executed by the intended spouses prior to the conclusion of their marriage, and if the contract […]
May 24 2023
Curbing Enthusiasm for Junk Patents in South Africa
According to WIPO’s international patent filing statistics, the number of patent applications filed in South Africa in 2022 jumped by 63.9% compared to 2021. The South African Patent Office records indicate that this growth was mostly attributed to foreign applicants, with most originating from China and to a lesser extent, India. Usually, an increase in […]
May 23 2023
Thinking about moving Intellectual Property offshore? Here’s what you need to know.
There are many reasons why a South African entity may want to assign or transfer ownership of their intellectual property (IP) offshore. One reason may relate to the current economic and political instability, whilst others may be motivated to do so in an effort to attract foreign investment. Perhaps you too have considered moving IP […]
May 22 2023
SHOULD RAF BE IMPOSING A REQUIREMENT ON FOREIGN NATIONALS TO PRODUCE STAMPED PASSPORTS AFTER FINALISATION OF THE MATTER?
The Minister published an amendment to the Regulations on 27 May 2022 which replaced the RAF1 claim form as previously published. However, this amendment has had further reaching effects than probably anticipated. The effects of the amendment are going to be discussed hereunder the following headings: A. At lodgement of the claim; B. At trial; […]
May 18 2023