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LESOTHO: Consultation with WIPO on National Intellectual Property Policy

From 20 February to 30 March 2023, Lesotho will be hosting a team of experts from the World Intellectual Property Organisation (WIPO).  The visit is said to be for the purposes of providing technical assistance and support in the formulation of the country’s National Intellectual Property Policy/Strategy and strengthening the legislative framework for the protection […]

Africa GeneralLesotho
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EGYPT: Increase in Patent Examination Official Fees

From 22 February 2023, the official fees for patent examination increased from EGP 17,000 to EGP 25,000 in Egypt. A decree in this regard was published in the Official Gazette number 43 dated 21 February 2023 by the Patent Office.  The fees increase follows a decision by the country’s ministry of Higher Education and Scientific […]

Africa GeneralEgypt
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CONGO (OAPI):Approval of the statutes of the Industrial Property Office

According to the published minutes of the meeting of the Council of Ministers that was held on 15 February 2023, the Minister of Industrial Development and Promotion of the Private Sector, submitted a draft decree approving the statutes of the Congolese Industrial Property Office (IPO) to the council for consideration.  It is recorded that the […]

Africa GeneralCongo
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ARIPO: Meeting with WIPO on developing the Regional TISCs Network

On 23 to 24 February 2023, ARIPO (Africa Regional Intellectual Property Organisation) together with WIPO (World Intellectual Property Organisation), held a regional meeting on developing the Regional Technology and Innovation Support Centres (TISCs) Network, in Harare, Zimbabwe. According to WIPO, the TISCs concept was designed by WIPO based on its Developments Agenda.  The main objective […]

Africa GeneralARIPO
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NON-DISCLOSURE: A CALL ON THE LEGISLATURE TO COME TO THE AID OF POLICYHOLDERS.

Non-disclosures by policyholders are rife within the long-term insurance industry. A non-disclosure can be committed fraudulently, innocently, or negligently. In any respect, the non-disclosure needs to have been material and must have induced an insurer into entering a contract of insurance to warrant the contract being avoided (cancelled). The test for materiality is an objective […]

Commercial LitigationInsurance LawJean-Paul RuddLitigation
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WHAT IS THE LEGAL POSITION REGARDING INSURANCE CLAIMS THAT TAKE LONG TO FINALISE?

It is not unusual for many insureds to complain about unexplained delays in their insurance claims. More often than not, insureds undergo a very frustrating period whilst waiting for the outcome of their insurance claims. There are many applaudable reasons why insureds may become frustrated when there are delays in the claiming process – an […]

Commercial LitigationInsurance LawLitigationMtho Maphumulo
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Artificial Intelligence and IP - Who owns the copyright

“you just can’t differentiate between a robot and the very best of humans.” ― Isaac Asimov, I, Robot If a user were to provide an artificial intelligence (AI) program, such as ChatGPT, with a storyline and it produced a best-selling novel, would that novel be protected by copyright? And if it is, who would own […]

CopyrightIntellectual PropertyTrade Marks
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What to know about a property condition before signing the agreement

Concluding an agreement for the sale or lease of immovable property can be an overwhelming experience, and one can easily overlook some of the most important clauses in the agreement. The condition of the property often becomes a contentious issue after registration of the property or conclusion of a lease, when the purchaser or lessee […]

Matome MatshetaProperty Law
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Transfer Duty Changes

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Adams News
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Policyholders who fail to perform regular maintenance risk their insurance claims being rejected Author JP Rudd

Insurance policies often contain clauses requiring policyholders to take reasonable steps to maintain an insured object. The reason therefore is quite simple – the purpose of insurance is to protect policyholders against unforeseen events, not to compensate them for wear, and tear. A policyholder’s failure to maintain an insured object may result in any claim […]

Commercial LitigationInsurance LawJean-Paul RuddLitigation
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Insurance law amid ongoing flooding

Introduction: South Africa has been experiencing a heavy downfall for a couple of weeks now, which has resulted in heavy flooding in most provinces. It is for this reason that the President of the country has declared a National State of Disaster. The ongoing flooding has caused serious damage to people’s properties, cars, house contents, […]

Commercial LitigationInsurance LawLitigationMtho Maphumulo
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Ombud holds insurer liable to pay on equitable grounds

The Ombudsman for Short Term insurance has ruled that an adventure resort’s insurer is liable to indemnify it against a claim brought by one of its patrons. On 19 January 2019, a patron sustained severe burns when hot oil from one of the resort’s quad bikes spilled onto the patron’s legs. The patron immediately demanded […]

Commercial LitigationInsurance LawJean-Paul RuddLitigation
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New Proposed Regulations for Labelling and Advertising of Foodstuffs – open for commentary

New proposed Regulations for the Labelling and Advertising of Foodstuffs under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 have been published for commentary. Comments may be submitted by 30 April 2023. The draft regulations are considerably more extensive and specific than the current regulations, as amended in 2012, and cover a broad range of issues […]

Africa GeneralSouth Africa
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Regulations for Crypto Ads

In line with developments in the market, new Advertising Regulations for Crypto Ads have been implemented. Notice of the prohibition of use of the CAPE FLORA logo mark, in terms of the Merchandise Marks Act, has been published for comment by 5 March 2023 and proposed changes to the Regulations for the Labelling and Advertising […]

Africa GeneralSouth Africa
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Merchandise Marks Act: Commentary called for protection of CAPE FLORA

Notice has been published in terms of Section 15(1) of the Merchandise Marks Act of 1941 proposing the prohibition of use of the CAPE FLORA logo, depicted below, or similar drawings, which might cause confusion with any trade, business, profession or occupation or event, in connection with any trade mark, mark or trade description applied […]

Africa GeneralSouth Africa
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SIERRA LEONE - Compulsory availability search

A compulsory availability search is now conducted by the Sierra Leone Registry upon filing an application for a trade mark. Compulsory availability search There have been changes in the administrative processes at the Sierra Leone Registry, one of which is that, upon submission of an application for a trade mark, a compulsory availability search is […]

Africa GeneralSierra Leone
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Instatement and Diplomatic Tour of the Deputy Director General

Following the instatement of the new Deputy Director General of OAPI, he and the Director General went on a diplomatic tour to the embassies and consulates of the OAPI member states. Instatement and Diplomatic Tour of the Deputy Director General On 11 January 2023, the recently appointed Deputy Director General of OAPI, Mr. Oualou Panouala, […]

Africa GeneralOAPI
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2nd phase of OAPI Geographical Indicators

An evaluation mission of the French Development Agency (AFD) was recently in Cameroon to attend to field trips and various meetings with, inter alia, cocoa producers, as part of the second phase of the Support Project for the Implementation of Geographical Indicators (PAMPIG II). The second phase of PAMPIG II will, when completed, see the […]

Africa GeneralOAPI