News & Insights
ANOTHER VICTORY FOR THE INSUREDS IN A COVID-19 BUSINESS INTERRUPTION CASE
Many would have thought that all Covid-19 business interruption cases are long finalised. This is not the case. The judgment of late February 2023 in 43 Air School Holdings (Pty) (Ltd) & Others v AIG South Africa Ltd is one of many Covid-19 business interruption cases that are still ongoing. It is not unreasonable to […]
March 28 2023
National Shutdown events and business insurance matters
The National Shutdown of 20 March 2023 saw many businesses and institutions close down in fear of violence and destruction to their properties. To the contrary (credit being due to the protestors and overwhelming visibility of law enforcement) this was not the case. Whilst the anticipated damage was less than expected, it is nonetheless apt […]
March 23 2023
Shield Yourself: The Vital Role of Professional Indemnity Insurance in Today's Litigious Landscape
Litigation in South Africa has risen tremendously over the years with more and more individuals and organizations seeking redress through our courts. The increase in litigation can largely be ascribed to: Improved access to justice through initiatives, such as the Small Claims Court, Legal Aid South Africa, and the various industry Ombuds. Consumer friendly legislation, […]
March 16 2023
Fashion never goes out of style – then why not protect it?
Fashion trends come and go, but for designers who take their creative work seriously, protecting the intellectual property (IP) rights of a design ensures long-lasting value. Entrepreneurs in the fashion industry need to be made more aware of the benefits of obtaining registered design protection for their creative IP. Most tend to turn to legal […]
March 16 2023
GOVENDER vs GUARDRISK INSURANCE COMPANY LIMITED: A VICTORY THAT GIVES HOPE TO THE INSUREDS WITH THE REJECTED MOTOR VEHICLE INSURANCE CLAIMS
Most short-term insurance policies have a standard “precautionary clause” that requires the insureds to “take all reasonable precautions to prevent loss, damage, accidents…”. This clause ordinarily forms part of the general terms and conditions of the policy. It is not uncommon for insurers to rely on this clause to reject claims – sometimes rightly so, […]
March 15 2023
UGANDA: Workshop with WIPO on IP for Small and Medium Enterprises
From 23 to 24 February 2023, WIPO, in collaboration with Uganda Registration Services Bureau and ARIPO, held a national workshop on intellectual property for small and medium enterprises in Uganda, Kampala. The aim of the workshop was to bring awareness to the participants on the role of intellectual property as an effective tool in driving […]
March 08 2023
TANZANIA: Wilmar Resources Pte Ltd V Tiffany & Co. (well-known trademarks)
Wilmer Resources Pte Limited (“the Applicant”), a company incorporated under the laws of Singapore, applied to register the trade mark TIFFANY in Tanzania in classes 3 and 5. The trade mark applications were opposed by Tiffany & Co. (“the Opponent”), the luxury jewelry and specialty design house. For purposes of efficiency, the two separate oppositions […]
March 08 2023
SOUTH AFRICA: Development in the hemp and cannabis industry
In October 2021, the Department of Agriculture, Land Reform and Rural Development, issued amendments to standing Regulations, which declared Cannabis sativa L, commonly known as ‘hemp’, as an agricultural product, in terms of the Plant Improvement Act No. 53 of 1976. The significance of the amendment was that, subject to acquiring a Hemp Permit from the Department of Agriculture, Land Reform […]
March 08 2023
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 […]
March 08 2023
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 […]
March 08 2023
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 […]
March 08 2023
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 […]
March 08 2023
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 […]
March 07 2023
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 […]
March 02 2023
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 […]
March 01 2023
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 […]
February 27 2023
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 […]
February 23 2023