News & Insights
KENYA – Anti-Counterfeit Authority (ACA) Mandatory Recordal System – Implementation Deadline of 1st January 2023 looming
Adams & Adams Partner and Head of our Anti-Counterfeiting Department, Godfrey Budeli, recently met with Dr Robi Mbugua Njoroge, the current CEO of the Anti-Counterfeit Authority (ACA), together with the ACA Management, Legal and Compliance, Investigations and Recordation teams at the ACA’s Headquarters in Nairobi, Kenya. Discussions focused on the ACA’s readiness with the impending […]
November 01 2022
The Legal Industry Review South Africa Edition
Read the Adams & Adams contribution to the “Advertising Law” chapter in the most recent Legal Industry review here
November 01 2022
Regulator sanctions influencers over Lotto adverts - Comedians do not get the last laugh after failing to disclose that Twitter posts were paid advertising
The Advertising and Regulatory Board (ARB) recently handed down a decision holding that the videos posted by comedians Skhumba Hlophe and Celeste Ntuli had breached the code on South African advertising. Hlophe and Ntuli uploaded videos on their Twitter accounts, promoting South Africa’s national lottery, Ithuba Holdings RF (Pty) Ltd (Ithuba). The videos were part […]
November 01 2022
Notice of unauthorised download incident
On 3rd October an employee, who had just been dismissed by the firm, downloaded several folders from drives located on the firm’s server to a private OneDrive account. She did so ostensibly to retrieve her personal documents. In doing so, she also downloaded certain files containing firm and client information. The data loss was subsequently […]
October 26 2022
Has your insurance claim been rejected? Your broker may just be liable
Thousands of consumers make use of the services of a broker, to procure insurance from an insurance company. In such instances, two separate agreements come into existence.[1]The first is between the consumer and the broker and the second is between the consumer and the insurance company (represented by the broker). While both agreements involve the […]
October 24 2022
Trade Mark Search: Everything You Need to Know
A trade mark is a category of intellectual property that distinguishes a product, service, or brand from a competitor. It consists of a sign and conventionally includes a word, name, slogan, signature or combination of letters and/or numerals. Unconventionally it can also include sounds, smells, colours, and shapes. A trade mark must be registered in […]
October 21 2022
Are Trade Marks Protected by Intellectual Property?
Yes, trade marks are protected by intellectual property rights. Intellectual property’ (IP) is a generic term used to refer collectively to intangible products such as patents, industrial designs, trade marks and brand names, copyright, trade secrets and know-how, etc., all of which are products created through the innovative or creative efforts of people. It is […]
October 21 2022
Clarity for Crypto Asset service providers
Over the past few years, there has been a marked uptake in the trading of crypto assets, such as Bitcoin, Ethereum and Monero. These digital currencies often surpass regulatory scrutiny because they are not recognised as financial products. This has now changed. The Financial Service Conduct Authority (FSCA) has recently provided much-needed clarity on the […]
October 21 2022
A second bite at the (appeal) cherry, In Thermos Hong Kong Limited v Doshi Ironmongers Limited
In Thermos Hong Kong Limited v Doshi Ironmongers Limited (Civil Appeal (Application) E013 of 2021) [2022] KECA 544 (KLR), the Kenyan Court of Appeal had to determine whether a party had a second right to appeal an appellate decision from the High Court in relation to a trade mark dispute. To recap, this case was […]
October 21 2022
Power coupled with Duty, the Intercape story
Courts are not designed to govern. That is the government’s job, involving budget allocations and tough choices, sometimes between life and death. The distribution of powers between the legislature, the executive and the judiciary create a carefully crafted balance, designed to deliver on the vision of the Constitution. If the balance is disturbed, the system […]
October 18 2022
Data Protection on the rise in Tanzania
Tanzania has joined the likes of South Africa, Nigeria and Kenya in making provision for Data Protection legislation. The Data Protection Bill was expected to be tabled before parliament during the month of September 2022, following on-going talks on data protection. The Bill proposes the enactment of the Personal Data Protection Act of 2022. The […]
October 14 2022
OAPI - Technology and Intellectual Property Day
On 13 September 2022 OAPI celebrated the Africa Technology and Intellectual Property Day, under the theme “Intellectual Property: Harnessing Industrialization and Economic Diversification in Africa”. The aim of celebrating the day was to shine a light on the policies, strategies and practices involving intellectual property and technology in the African economy. The Minister of International […]
October 14 2022
Development of Nigeria’s National IP Policy and Strategy under focus
Ms Lorreta Asiedu, a senior counsellor of the World Intellectual Property Organisation (WIPO), recently led a delegation in Nigeria to visit Abubakar Malami, the Minister for Justice and Attorney General of the Federation. The purpose of the visit was to seek the Minister’s support on WIPO’S efforts in developing and adopting the National IP Policy […]
October 14 2022
The new Copyright Fund in Malawi
The Copyright Society of Malawi (COSOMA) has taken advantage of Section 98 of the Copyright Act of 2016 and has established the Copyright Fund after the expiry of the Cultural Support Scheme, which was previously administered by COSOMA on behalf of the Royal Norwegian Embassy. The main objectives of the Copyright Fund include the enforcement […]
October 14 2022
Kenyan Anti-Counterfeit Authority plans to apportion liability to the owners of e-commerce platforms
Kenya has been experiencing an increase in cases of online counterfeiting. This increase was triggered during, and in the wake of, the COVID-19 pandemic when counterfeiters could no longer conclude in person transactions. To maintain their illicit activities, counterfeiters moved their businesses online and have been offering their products for sale on popular online platforms. […]
October 14 2022
The Ivorian Office of Intellectual Property (OIPI): Workshop on the role of intellectual property in the profession of graphic design
On 31 August 2022, OIPI hosted a workshop on the role of intellectual property in graphic design, for the stakeholders in the industry. The objective of the workshop was to, amongst others, bring awareness and highlight the significance of intellectual property in the field of graphic design, and provide the participants with the relevant information […]
October 14 2022
Cape Verde accedes to the Madrid Protocol
The central Atlantic Island country of Cape Verde has officially acceded to the Madrid Protocol for the international registration of trade marks. The Protocol entered in force on 6 July 2022. It is now possible for trade mark owners to designate Cape Verde when applying for the protection of their trade marks through WIPO’s international […]
October 14 2022
ARIPO- 15th Cohort of the Masters Degree in Intellectual Property Programme
On 22 August 2022 the Director General of ARIPO, Bemanya Twebaze, together with partners WIPO (World Intellectual Property Organisation), the government of Japan and the Africa University, launched the 15th cohort of the Masters in Intellectual Property Programme (MIP programme). The MIP programme plays an essential role in addressing the need for education in the […]
October 14 2022