News & Insights
OAPI Joins Geneva Act of WIPO's Lisbon Agreement
On 15 December 2022, the African Intellectual Property Organization (OAPI) acceded to The Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications taking the total number of countries covered by the Lisbon system to 70. Furthermore, all 17 member states of OAPI are covered by the system: Benin, Burkina Faso, Cameroon, […]
January 16 2023
Nigerian Coalition seeks collaboration against counterfeit pharmaceutical products
The Coalition Against Counterfeit Pharmaceutical products (CACCP), Nigerian Representatives of Overseas Pharmaceutical Manufacturers (NiroPharm) and Pfizer are looking to work together with relevant stakeholders in the pharmaceutical industry in the fight against counterfeit pharmaceutical products in Nigeria. The initiative was presented at its inaugural forum where the way forward in the fight against pharmaceutical products […]
January 16 2023
Mauritius Accedes to PCT
On 21 December 2022, the Director General of the World Intellectual Property Organization (WIPO) gave notice of the deposit by the Government of the Republic of Mauritius of its instrument of accession to the Patent Cooperation Treaty (PCT) on December 15, 2022. By doing so, Mauritius has become the 157th Contracting State of the PCT. […]
January 16 2023
Kenyan Anti-Counterfeiting Authority publishes HS codes goods requiring ACA import permit application
In earlier announcement, the Kenyan Anti-Counterfeiting Authority (ACA) announced that, as of 1 January 2023, it would be an offence to import goods bearing IP into Kenya where the trademark owner has not recorded the IP rights with the ACA. In December 2022 and in line with its proposed phased approach, the ACA published a […]
January 16 2023
Ivory Coast in top 3 of number of OAPI filings
On 13 December 2022, the Director General of the Ivorian Intellectual Property Office (OIPI), Assandé Koffi Paul, announced that the Ivory Coast was in the top 3 in terms of the number of IP filings at OAPI. The announcement was made in Abidjan-Plateau, during the weekly press conference “Tout Savoir sur” of the Center for […]
January 16 2023
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