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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 […]

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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 […]

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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 […]

Commercial LitigationDispute ResolutionLitigationMia de Jager
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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 […]

Intellectual PropertyRebone SetatiTrade Marks
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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 […]

Commercial LitigationDispute ResolutionJac MaraisLitigation
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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 […]

Tanzania
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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 […]

OAPI
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Development of Nigeria’s National IP Policy and Strategy under focus

Ms Lorreta Asiedu, a senior counsellor of the World Intellectual Property Organisation (WIPO), recently led a delegation in Nigeria to visit Abubakar Malami, the Minister for Justice and Attorney General of the Federation. The purpose of the visit was to seek the Minister’s support on WIPO’S efforts in developing and adopting the National IP Policy […]

Nigeria
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The new Copyright Fund in Malawi

The Copyright Society of Malawi (COSOMA) has taken advantage of Section 98 of the Copyright Act of 2016 and has established the Copyright Fund after the expiry of the Cultural Support Scheme, which was previously administered by COSOMA on behalf of the Royal Norwegian Embassy. The main objectives of the Copyright Fund include the enforcement […]

Malawi
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Kenyan Anti-Counterfeit Authority plans to apportion liability to the owners of e-commerce platforms

Kenya has been experiencing an increase in cases of online counterfeiting. This increase was triggered during, and in the wake of, the COVID-19 pandemic when counterfeiters could no longer conclude in person transactions. To maintain their illicit activities, counterfeiters moved their businesses online and have been offering their products for sale on popular online platforms. […]

Kenya
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The Ivorian Office of Intellectual Property (OIPI): Workshop on the role of intellectual property in the profession of graphic design

On 31 August 2022, OIPI hosted a workshop on the role of intellectual property in graphic design, for the stakeholders in the industry. The objective of the workshop was to, amongst others, bring awareness and highlight the significance of intellectual property in the field of graphic design, and provide the participants with the relevant information […]

OAPI
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Cape Verde accedes to the Madrid Protocol

The central Atlantic Island country of Cape Verde has officially acceded to the Madrid Protocol for the international registration of trade marks. The Protocol entered in force on 6 July 2022. It is now possible for trade mark owners to designate Cape Verde when applying for the protection of their trade marks through WIPO’s international […]

Cape Verde
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ARIPO- 15th Cohort of the Masters Degree in Intellectual Property Programme

On 22 August 2022 the Director General of ARIPO, Bemanya Twebaze, together with partners WIPO (World Intellectual Property Organisation), the government of Japan and the Africa University, launched the 15th cohort of the Masters in Intellectual Property Programme (MIP programme). The MIP programme plays an essential role in addressing the need for education in the […]

ARIPO
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Sharing industry insights at the Adams & Adams Africa Network Meeting

Adams & Adams hosted its ninth annual Africa Network Meeting on 15 September 2022, bringing together local partners, practitioners, registry staff and registrars from at least 30 African countries across the continent to share insights and challenges of the African IP community. A highlight of the event was an inspiring address by guest speaker Dr […]

Africa General
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Impact Of Loadshedding On Medical Negligence Cases

Introduction Eskom, the country’s only public power utility, is seriously battling to meet the electricity power demands of the population, and this is likely to have catastrophic consequences for the healthcare system. In recent weeks, several government officials have been calling on Eskom to exempt hospitals and health institutions from loadshedding. Health institutions rely heavily […]

Commercial LitigationLitigationMedical MalpracticeMtho MaphumuloSeipati Mohaladi
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Adams & Adams professionals celebrated in WIPR’s Diversity 2022 global list

4th October 2022 – For a second year in a row, Adams & Adams professionals have been recognised in all three categories of World Intellectual Property Review (WIPR) Diversity. The list, published annually, showcases IP professionals around the globe, who are making a mark in driving diversity and inclusion (D&I) in the field. Firm attorney Alissa Naran (Nee Nayanah) […]

Adams News
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NEW MOZAMBIQUE COPYRIGHT ACT

On 29 June 2022, the Assembly of the Republic approved the new Copyright Law of Mozambique, Law 9/2022. The new law came into force on 26 September 2022. The new Copyright Act is aimed at promoting and safeguarding the protection of literary, artistic and scientific works.  The scope of  works eligible for protection has been expanded […]

CopyrightIntellectual PropertyMozambiqueRobyn Müller-Mabuza
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Rule 42(1)(b): Ambiguities, Errors and Omissions in Court Orders or Judgments

There are instances where a court order or judgment contains mistakes, ambiguities, or omissions which the court must correct or clarify to the litigants. Often, the purpose of such clarification/correction is to ensure that the proper and true intended purpose of the order or judgment is given effect to and to ensure that such order […]

Commercial LitigationLitigationMpumelelo Ndlela