News & Insights
12th edition of the Nice Classification applicable from January 2023
The OAPI office has confirmed that the 12th edition of the Nice Classification system will be applicable to all trade mark filings, including international filings through the Madrid system, from 1 January 2023. Trade marks which are filed after this date using older editions of the Nice Classification system, will not be accepted, unless the goods/services […]
December 05 2022
Kenya – Update on the implementation of Recordation of Intellectual Property Rights for Imports
On 29th November 2022, the Anti-Counterfeit Authority (“ACA”) issued and circulated a Public Notice no. 3/2022, available here, essentially reiterating that the Mandatory recordal of intellectual property rights for importation purposes will be implemented on 1st January 2023. The ACA advised that further extension/s of the implementation of the Recordation Regulations are not contemplated at this stage. Importers are urged to […]
December 01 2022
FESTIVE ACCIDENTS & RAF CLAIMS: NOT EVERY ROAD ACCIDENT LOSS CAN BE RECOVERED FROM THE RAF
It is that time of the year where there is ordinarily a worrying rise in motor vehicle accidents. As expected, road accidents awareness campaigns by the Department of Transport and other relevant agencies are in full swing. It is therefore apt that the public be informed or reminded about some of the realities with regard […]
November 23 2022
A REFLECTION OF LOSS OF SUPPORT BETWEEN SIBLINGS IN THE CONTEXT OF A ROAD ACCIDENT FUND CLAIM
Dependent children have the right to claim for loss of support from the Road Accident Fund, provided their parent passed away in or from a motor vehicle collision which was not their fault. In other words, the collision must have been partly or entirely caused by the negligent driving of someone else Parents can also […]
November 23 2022
Adams and Adams achieves outstanding recognition by Best Lawyers®
Adams & Adams is proud to announce it has once again been honoured with the Best Lawyers® “Law Firm of the Year” award for expertise in Intellectual Property Law in South Africa. In addition to this achievement, 27 of the firm’s partners are named in The Best Lawyers in South Africa® 2023 edition, with 11 […]
November 17 2022
Preventing genericide: Saving your trade mark from falling prey to the public domain
Videotape, Escalator, Trampoline, Laundromat[1]. What do all of these words have in common? They were all once legally protectable trade marks which, due to the way in which they were used, have lost their distinctiveness and since become ‘generic’. But what does ‘generic’ mean? A generic trade mark is a word or phrase that becomes […]
November 16 2022
ZURICH INSURANCE COMPANY ‘HIT BY ROCK MASS’ IN THE GAUTRAIN TUNNEL
The Supreme Court of Appeal (“the SCA” hereinafter) recently delivered a judgement in a matter involving Zurich Insurance Company South Africa LTD (“the insurer”) and the Gauteng Provincial Government (“the insured”), bringing to an end litigation that commenced early 2015. This insurance repudiation matter involving highly technical legal and civil engineering components is crucial for […]
November 14 2022
Harare and Banjul Protocols now in force in Cape Verde
As of 14 October 2022, the Republic of Cape Verde ratified the Harare Protocol and the Banjul Protocol. This makes it the 20th contracting State of Harare Protocol and the 13th contracting State of the Banjul Protocol. Users of the ARIPO system may now specify Cape Verde in their applications in accordance with the Harare […]
November 10 2022
COSOMA calls for proposals to access Copyright Cultural Fund
The Copyright Society of Malawi (COSOMA) has requested creative industry proposals for access to its Cultural Fund. The Cultural Fund was recently launched by Michael Usi, the Minister of Tourism, Culture, and Wildlife following the phasing out of the Cultural Support Scheme. The aim of the fund is to assist urban and rural creatives to […]
November 10 2022
Africa looks to Mauritius for guidance regarding innovation-driven growth
Mauritius has preserved its title as Africa’s most inventive nation, surpassing the likes of South Africa, Kenya, and Senegal despite a rough year of inflation and the lingering impacts of the COVID-19 outbreak. The World Intellectual Property Organization (WIPO) has ranked the island nation 45th globally in its annual Global Innovation Index for 2022, making […]
November 10 2022
NCC seizes over 1,600 copies of pirated books in Abuja
The Nigeria Copyright Commission (NCC) has cracked down on illegal book vendors, seizing 1,600 copies of pirated books from four stores in Abuja, totaling more than N2 million. The Commission’s effective anti-piracy operation was the result of intelligence obtained during a monitoring exercise by its operatives, who had the assistance of armed police officers. Three […]
November 10 2022
Nigeria Start-Up Bill signed into law
The Nigeria Start-up Bill has been signed into law by President Buhari. This has led to the introduction of the Nigerian Start-up Act making it the nation’s first piece of law aimed specifically at the registration and operation of start-ups. The Bill, which aims to regulate how start-ups and regulatory organisations function and cooperate in the […]
November 10 2022
OAPI accredits three research institutes for the technical examination of plant varieties
The signing of accreditation agreements for three new research centers took place during the closing ceremony of the OAPI regional workshop on the development of seed. The director general of OAPI, Denis BOHOUSSOU, has initialled the relevant paperwork with the leaders of each of the following three centers: the CNRA in Côte d’Ivoire INERA in […]
November 10 2022
Draft Regulations to the Protection, Promotion, Development and Management of Indigenous Knowledge Act published for comment.
Draft regulations to the Protection, Promotion, Development, and Management of Indigenous Knowledge Act (“Act”) have been published by the Department of Science and Innovation for public comment in Government Gazette 47453 on 4 November 2022. The Act was signed into law in August 2019. The primary goals of the Act being for the protection, promotion, […]
November 10 2022
Principles of the Companies and Intellectual Property Office of Zimbabwe Bill approved
On 11 October 2022 the Zimbabwe government approved principles to the Companies and Intellectual Property Office of Zimbabwe Bill. The Bill aims to speed up ongoing support for innovation and creativity as Zimbabwe works toward Vision 2023-compliant service delivery and ease of doing business. It was announced that the Bill will provide for the establishment […]
November 10 2022
ARIPO and WIPO encourage members to change the copyright landscape in Africa
The Fourth Annual Copyright Symposium for ARIPO Member and Observer States on “Shaping the Copyright and Related Rights Landscape in Africa” was held between 19 and 21 October 2022 in Harare, Zimbabwe. The meeting was a follow up on the World Intellectual Property Organisation’s (WIPO) virtual conference on the Nairobi Strategic Plan held last year. […]
November 10 2022
Adams & Adams Anticounterfeiting team roll out seizures of counterfeit roller bearings in 3 Provinces
After extensive investigations into a company importing and selling counterfeit branded roller bearings, the Adams & Adams Anti-Counterfeiting Team assisted the HAWKS (SAPS) with simultaneous search and seizure operations in 3 Provinces. More than 1 300 counterfeit branded bearings were seized by the Police during these operations. Criminal prosecutions and civil claims were instituted. Roller […]
November 09 2022
Will grieving parents ever have a voice regarding the disposal of foetal remains? VOICE OF THE UNBORN BABY NPC AND ANOTHER V MINISTER OF HOME AFFAIRS AND ANOTHER [2022] ZACC 20
The Constitutional Court recently delivered a judgement which overturned the High Court’s ruling that certain sections of the Births and Deaths Registration Act 51 of 1992 (hereinafter referred to as “BADRA”) were unconstitutional due to there being a prohibition on the burial of foetuses which were either miscarried or aborted at less than 26 weeks […]
November 02 2022