News & Insights
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
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