News & Insights
Gambia holds Sensitisation Workshop
In December 2022, the Gambia Intellectual Property Office (IPO) held a sensitisation workshop in collaboration with the African Regional Intellectual Property Organisation (ARIPO). The workshop focused on the ARIPO e-service platforms and the importance of Gambian IP agents registering with ARIPO. The Registry believes that registering with ARIPO will bring more exposure to local agents […]
January 16 2023
The Harare and Banjul Protocols are amended effective 1 January 2023.
Amendments to the Harare Protocol on Patents and Industrial Designs and the Banjul Protocol on Marks, and their Implementing Regulations, came into force on 1 January 2023. This follows the Resolutions of the ARIPO Administrative Council at its 46th Session that was held in Maputo, Mozambique, from 21 to 25 November 2022. A notable amendment […]
January 16 2023
Angola, Sao Tomé and Principé and Zambia accept and use HBD
The National Service of Intellectual Property and Quality of São Tomé and Príncipe has taken a decision to accept and use the list of terms from the harmonised database of goods and services (HDB) in TMclass as of 12 December 2022. TMclass helps search for and classify goods and services needed to apply for trademark […]
January 16 2023
Moral of the Story
Authors of copyright protectable works retain certain rights despite not being the owners of such copyright By Daniëlle van Deventer The issue of relinquishing copyright ownership in an original piece of writing, an artwork or a musical composition is a complex and delicate issue. Fortunately, South African law provides some guidelines as to what is […]
January 16 2023
Adams and Adams is pleased with another good outcome for Intercape
In a judgement delivered on Tuesday 10 January, Judge John Smith dismissed Transport Minister Fikile Mbalula’s appeal against a court order compelling him and Eastern Cape MEC for Transport, Xolile Edmund Nqatha, to develop a comprehensive action plan to stop attacks on Intercape’s long-distance buses. In the minister’s appeal, Mbalula argued that the court erred in requiring […]
January 11 2023
Flying under the radar: What are stealth trade mark applications?
Trade mark protection is crucial for any brand owner, but it can sometimes create practical difficulties from a business perspective. When new trade mark applications are published by registries, information about a company or a brand owner’s new product or service is necessarily disclosed. As a result, brand owners often have to decide whether or […]
December 14 2022
FESTIVITIES AND FUN – KNOW YOUR CLAIMS FROM YOUR DISCLAIMERS – BE ON THE LOOKOUT FOR DISCLAIMERS WHEN ENTERING PARKS, MALLS, RESORTS AND SIMILAR ENTERTAINMENT ESTABLISHMENTS
The holidays are upon us, and hopefully it will involve some leisure time at a resort, amusement park or similar establishment for at least some of us, in order to conclude what has most probably been a busy year for everyone. One must unfortunately consider that this also involves partaking in activities that potentially pose […]
December 14 2022
LEGAL LIABILITY INSURANCE: AN OVERVIEW
In South Africa, legal liability insurance plays a pivotal economic role in the allocation of risk and maintenance of financial security and financial stability of its citizens. Legal Liability or Third Party insurance focuses on the negative elements in the form of liabilities which the insured may be exposed to, whereas first party insurance, in […]
December 13 2022
The Genetic link requirement: An investigation into its necessity and whether it indeed protects a child’s best interests or simply poses as an unnecessary hindrance to parenthood.
INTRODUCTION South Africa protects the rights of minorities or previously marginalised groups through legislative and constitutional means. The right to equality is constitutionally entrenched. Section 294 of the Children’s Act 38 of 2005[1] (hereinafter referred to as “the Act”) prevents persons who are infertile and unable to donate gametes for the purpose of a surrogacy […]
December 13 2022
OIPMI – 18 MONTHS ON
The Competition Commission (“Commission”) launched its market inquiry into online intermediation platforms (“OIPMI / the Inquiry”) on the 19th of May 2021. We previously set out what this may mean for your business as well as a brief analysis of the Commission’s further statement of issues – in this article we consider what has happened […]
December 13 2022
INSURANCE LAW: INSURANCE POLICIES TO LOOKOUT FOR DURING THE FESTIVE SEASON
The festive season is upon us, and everyone is eagerly looking forward to their much-needed break. It is the “crazy season,” with lots of buying, travelling, partaking in various adventurous activities, etc. An unfortunate reality is that during the festive season, there are lots of insurance related perils that tend to occur – which do […]
December 08 2022
ACA Recordals deadline looming
The Kenyan Anti-Counterfeit Authority (“ACA”) has issued a Public Notice which stipulates that the final deadline for trade mark owners to record their rights with the authority remains 1 January 2023. No further extensions will be granted. As of that date it would be an offence to import goods bearing IP that has not been […]
December 07 2022
Draft Copyright Bill – inclusion of Copyright Levies considered at BIPA workshop
On 10 November 2022, a virtual workshop hosted by the Business and Intellectual Property Authority (BIPA) together with the World Intellectual Property Organization (WIPO) was held with a specific focus on the inclusion of copyright levies in the Draft Copyright Bill in Namibia. The overhaul of Namibian copyright legislation is in response to the worldwide […]
December 07 2022
Concerning Developments For Foreign Trade Mark Applicants In Libya
An administrative directive has recently been issued by the Office of the Ministry of Economy & Trading in Libya, which states that the Libya Trademark Office will no longer be accepting trade mark applications filed by foreign applicants with effect from 1 November 2022. In the context of reorganizing the workflow of the Trademark Office, […]
December 07 2022
Ghana - Launch of the CSIR's intellectual property policy document
The Council for Scientific and Industrial Research (CSIR) has launched an Intellectual Property (IP) policy to safeguard and promote the development and distribution of new technologies and services in Ghana. The World Intellectual Property Organization (WIPO) and the Ghana Intellectual Property Organization (GHIPO) collaborated on the policy document, which went through several stages of development. […]
December 07 2022
Draft bill establishing Egyptian Intellectual Property Authority approved
Egyptian Cabinet have approved a bill to establish the Egyptian Intellectual Property Authority, the first entity of its kind in the country. The Authority will be responsible for regulating and protecting intellectual property rights in the country in accordance with Egypt’s international commitments, while balancing these rights with its social, economic and cultural needs. The […]
December 07 2022
Botswana launches first ever National Intellectual Property Policy
On 15th November 2022 His Excellency President Mokgweetsi Masisi formally launched Botswana’s first ever National Intellectual Property Policy (BIPP), under the theme “Harnessing IP for Economic Transformation”. The BIPP was developed with the assistance of the World Intellectual Property Organization (WIPO), and focuses on six interrelated stated as follows: to improve the IP governance framework […]
December 07 2022
46th Session of the Administrative Council of ARIPO
The 46th Session of the Administrative Council of the African Regional Intellectual Property Organization (ARIPO) was hosted by the Government of the Republic of Mozambique from 21 to 25 November 2022. Director General, Bemanya Twebaze, has called on member states to double efforts to ensure that intellectual property be used to address challenges that include […]
December 07 2022