News & Insights
High court judge finds spousal visa rules unconstitutional
Gone are the days where spousal visas of a foreigner, who has parental responsibility and rights in South Africa, expire upon the termination of the spousal relationship which formed the basis of the visa. Foreign parents and caregivers of South African children shall now be allowed to remain in South Africa, even after their relationship […]
June 14 2022
Selling your artwork on consignment
“One of the things I like about our contract is that you have relieved me of a great deal of personal interviewing and corresponding, among other things, which allows me a lot more time for painting” – E.J. Hughes The South African art market has shown exponential growth over the last two decades and the […]
June 13 2022
THE FIRST MANUAL FOR GEOGRAPHICAL INDICATIONS ON THE AFRICAN CONTINENT
A comprehensive manual on geographical Indicators in Africa has been developed by several experts under the auspices of the Intellectual Property Rights and Innovation project in Africa (AfrIPI). The manual is available online in English and French. Geographical Indications (GIs) have been receiving increasing attention on national and international level by producers, consumers, and policymakers […]
June 10 2022
Winds of change in OAPI Top Management
The Board of Directors authorised the launch of a recruitment procedure for a new CEO, subsequent to the dismissal, with immediate effect, of the Deputy Director General (DGA) of OAPI, Mr Jean-Baptiste Noël Wago on 13 May 2022. This is unfortunately a further difficulty with top management as the CEO, Ivorian Denis Bohoussou Loukou, was […]
June 10 2022
OAPI CALLS ON BURKINA FASO FOR SUPPORT
A Delegation from OAPI visited Ouagadougou in Burkina Faso on 13 May 2022 as part of the 8th extraordinary session of the Board of Directors of OAPI to meet with the prime minister, Mr Albert Ouédraogo. The aim of the meeting was to obtain the support of the Burkinabe government during what appears to be […]
June 10 2022
LIBERIA: MINISTRY CRACKDOWN ON PIRATES TO PROTECT CREATORS
The Ministry of Commerce and Industry (MOCI) in Liberia recently took drastic action against piracy by shutting down businesses offering local and international pirated goods, related primarily to the entertainment industry. The aim is to get rid of any black-market goods altogether. Piracy is considered a serious offence in the territory, with sanctions such as […]
June 10 2022
Kenya - Copyright Amendment act
Kenya’s President Uhuru Kenyatta signed the 2021 Copyright Amendment Act into law[1] on 4 April 2022. It introduces a new royalty sharing formula which entitles musicians and performing artists to receive a guaranteed 52% of revenues generated from the licensed use of music for ring-back tones used by telecommunications companies.[2] It will come as some […]
June 10 2022
SOUTH AFRICA: COPYRIGHT AMENDMENT BILL
On 12 May 2022, the Constitutional Court[1] heard argument on whether it should confirm the 2021 Gauteng High Court ruling (in the matter of Blind SA v. Minister of Trade, Industry and Competition and others[2]) which declared the Copyright Act unconstitutional for not providing copyright exceptions to allow organizations representing blind and visually impaired persons to […]
June 10 2022
Nigerian Copyright Commission
The Nigeria Copyright Commission, located in Abuja, destroyed pirated works in a public display in the state of Akwa Ibom, assisted by the State Waste Management Board. The pirated works not only included books, CDs and the like, and also infringing items such as electronic cables and decoders, which were seized by the Commission over […]
June 10 2022
A token Approach - Web3 domains
Since 2021, we have seen the rise and rise of NFTs (non-fungible tokens). The NFT boom has been powered by the sale of NFT artwork, the first-ever tweet on Twitter and even popular memes, which have all fetched a pretty penny. The hype following the minting and sale of some NFTs has also brought into […]
June 10 2022
ARIPO patent examination
A training programme for examiners of patent applications is scheduled to take place from 11 to 26 July 2022, which will be hosted in Zanzibar, Tanzania. The training programme is a partnership between The African Regional Intellectual Property Organisation (ARIPO), the Patent Examination Training programme (APERT), AfrIPI (the Intellectual Property Rights and Innovation project in […]
June 10 2022
ARIPO and OAPI sign a MEMORANDUM OF UNDERSTANDING
A delegation from ARIPO, led by the Director General, Mr. Bemanya Twebaze, visited the OAPI headquarters in Yahounde from 16 to 18 May 2022. The Director General of OAPI, Mr Denis Bohoussou, hosted the delegation for discussions on intellectual property issues as part of the work of the 6th joint commission between the two institutions. […]
June 10 2022
KENYA: COMPULSORY REGISTRATION OF IP RIGHTS IN KENYA
The Anti-Counterfeit Authority (“ACA”) launched the Anti-Counterfeit Authority Integrated Management System (“AIMS”) on 28 February 2022 and, thereafter, adopted a three (3) phased out implementation approach. The ACA issued a public notice on 26 April 2022, setting a deadline of 1July 2022 for the recordal of Intellectual Property Rights (IPR) applied to the goods imported […]
June 10 2022
Choosing a ‘good’ trade mark (a lawyer’s take)
Thinking of a new brand name? There is a chance that the name you are thinking of using for your new business might not be protectable or that the use thereof can get you into a legal dispute. There is a lot at stake when making this decision. You may find yourself in a position […]
June 03 2022
Patent Law for Beginners
Once you have conceived or developed an invention, it is time to patent that invention. However, the patenting process can be time consuming and complicated. It is advisable to consult and hire a patent attorney to assist you with the patent registration process. Even though your patent attorney will have the necessary skills, knowledge, and […]
June 02 2022
Patent Search: A Brief Explanation
It is advisable for an inventor to acquire a patent when creating or designing a new invention. By obtaining a patent, an inventor can be sure that their invention is protected against others making use of, selling, manufacturing, advertising, or importing the invention without permission from the patent holder. In order to acquire a patent […]
June 02 2022
Budding Breeders – Cannabis and Intellectual Property Rights
In 2018 the Constitutional Court of South Africa ruled that personal and medical marijuana use in South Africa was deemed to be legal, with the Court directing the South African government to put in place the necessary legal framework to give effect to the Court’s decision within 24 months of the judgement. Unfortunately, the government […]
June 02 2022
Adams & Adams achieves top B-BBEE rating
1 June 2022 – Leading African law firm Adams & Adams has been awarded a Broad-Based Black Economic Empowerment (B-BBEE) Level 1 rating, the highest rating possible in South Africa. This achievement reaffirms the firm’s commitment to the country’s transformation agenda. “Obtaining a top B-BBEE rating is a significant milestone in our firm’s history. This […]
May 30 2022