News & Insights
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
NIGERIA - The Business Facilitation Act 2023 and its impact on the Nigerian Trade Marks Act
On 14 February 2023 the Business Facilitation (Miscellaneous Provision) Act 2023 (BFA) was signed into law by President Muhammadu Buhari. The Act is aimed at facilitating business operations and promoting the ease of doing business in Nigeria. The BFA made amendments to 21 business facilitation laws and also brought about changes to the Nigerian Trade […]
May 18 2023
NIGERIA - Copyright Commission: Anti-piracy campaign
The Nigerian Copyright Commission (NCC) has taken a hard line against infringement of literary works by enforcing harsher penalties as part of its national anti-piracy campaign. Mr John Asien, the NCC Director-General, addressed the need to increase enforcement, as well as having the necessary mechanisms in place to ensure the protection of copyright, during a […]
May 18 2023
ARIPO - NOSI's involvement in promoting digital transformation in Africa
During the recent trip to Cape Verde in April 2023, Bemanya Twebaze, Director General of ARIPO, also took the time to visit to the facilities of the Operational Centre of the Information Society (NOSI) in Praia. The Director General indicated that he was very satisfied with the work the institute has done to promote digital […]
May 18 2023
South Africa - 100 Years of Women in Law
Female attorneys, magistrates, judges and prosecutors gathered during the week of 24 to 28 April 2023 at various High Courts and Advocates’ Chambers, to celebrate the centenary of the promulgation of the Women Legal Practitioners Act of 1923, that allowed for the admission of women to the legal profession in South Africa. One of these […]
May 18 2023
TUNISIA - Accession to Geneva Act of the Lisbon Agreement
The Director General of the World Intellectual Property Organisation (WIPO) confirmed the deposit by the Government of the Republic of Tunisia, on 6 April 2023, of its instruments of accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which was adopted at Geneva on 20 May 2015. The […]
May 18 2023
KENYA - Kenya and Uganda joining forces to fight counterfeit goods
The Anti-Counterfeit Authority of Kenya (ACA) and Uganda’s Anti-Counterfeit Network (ACN Africa) have signed a memorandum, to fight against the distribution of counterfeit goods across the East African region. According to the World Economic Forum’s estimates, illicit trade currently deprives the global economy of USD 2.2 Trillion annually. The ACN confirmed that Uganda, on its […]
May 18 2023