News & Insights
COSMETIC ON THE FACE OF IT? PATENTABILITY OF METHODS OF COSMETIC TREATMENT PRACTICED ON THE HUMAN BODY IN SOUTH
South Africa, just like many other countries, has a set of legal provisions pertaining to subject matter for which patent protection may not be obtained. For example, and relevant for present purposes, in terms of section 25(11) of the South African Patents Act (“the Act”), inventions which are directed to methods of treatment on the […]
May 27 2022
CANCELLATION OF A PROPERTY SALE AGREEMENT. WHAT ARE THE IMPLICATIONS?
Once an offer to purchase has been signed by the buyer and accepted by the seller, it becomes a legally binding agreement. It may happen that, once the agreement has been concluded, one or both of the parties decide that they no longer wish to proceed with the transaction. The seller may, for instance, decide […]
May 26 2022
Jailed for being a blabbermouth – what you need to know about trade secrets
It is no secret that trade secrets are very valuable intellectual property on which a business empire can be built. Simply look at KFC’s classified blend of eleven herbs and spices; Coca-Cola’s famously secret recipe; Google’s search algorithm; or any well-known perfume. Almost like the plot of a great spy film, trade secrets, their value […]
May 25 2022
LITIGATION: HOW LAWS OF EVIDENCE CAN DECIDE THE OUTCOME OF THE CASE?
Within the legal profession, it is ordinarily said that “if the facts are unfavorable to you, argue the law and, if the law is unfavorable to you, argue the facts.” This proved to be the case in the Masibulele Rautini and Passenger Rail Agency of South Africa (“Masibulele case” hereinafter) matter, heard by the Supreme […]
May 19 2022
1 JULY 2022 DEADLINE FOR MANDATORY RECORDING OF IP RIGHTS ON ALL GOODS IMPORTED INTO KENYA
Kenya’s Anti-Counterfeit Authority has made it compulsory to record IP rights on all imported goods (not services) in Kenya by no later than 1 July 2022. The public notice published on 26 April 2022 required these rights to be recorded on the Anti-Counterfeit Authority Integrated Management System. Failure to comply will constitute an offence. However, mandatory […]
May 18 2022
Ethiopia’s increase in publication tariffs explained and challenged.
Important Topics: INCREASE IN OFFICIAL PUBLICATION FEES The Ethiopian Press Agency recently announced that there will be a sharp increase in publication fees in response to declining economic conditions in the country. The ongoing civil war in Ethiopia’s Tigray region, and international developments, including Russia’s invasion of Ukraine have adversely affected the Ethiopian economy. The Press […]
May 18 2022
CAPE VERDE ACCEDES TO THE PARIS CONVENTION AND THE PATENT CORPORATION TREATY
On 6 April 2022, Cape Verde acceded to the Paris Convention and Patent Corporation Treaty, which comes into force on 6 July 2022. Any international patent application filed on or after this date may designate Cape Verde. This accession is welcome news because it allows for cost-effective extension of patent rights to the country. Source: Cabo […]
May 18 2022
CAPE VERDE ON ITS WAY TO BECOMING THE 22ND MEMBER OF ARIPO
Cape Verde makes progress in attracting IP investment as the ARIPO and PCT systems strengthen. CAPE VERDE ON ITS WAY TO BECOMING THE 22ND MEMBER OF ARIPO In January 2022, Parliament in Cape Verde approved the accession of the country to the Lusaka Agreement, incorporating accession to the Banjul and Harare Protocols. Parliament also approved […]
May 18 2022
COPYRIGHT BILL PASSED BY SENATE
On 6 April 2022, the Senate in Nigeria passed the Copyright Bill,which aims to ensure that copyright laws in Nigeria will be in line with best practices in respect of the regulation, protection and administration of copyright, especially in the digital economy, and to align with Nigeria’s obligations under its international agreements. The Bill seeks […]
May 18 2022
IMPORTANT TRADE MARK AND PASSING-OFF FINDING: CAIRNS FOODS LIMITED V NETRADE MARKETING (PTY) LTD
CLICK HERE TO VIEW JUDGEMENT This is an appeal decision relating to Cairns Foods Limited and Netrade Marketing, two companies in the business of producing and marketing food products, in particular, fruit jam. Cairns Foods extensively used its SUN and device label trade mark in respect of jam products for over 50 years and has […]
May 18 2022
PROGRESS IN THE COMMERCIALISING OF PUBLICALLY FUNDED IP
A recent local survey conducted by the National Intellectual Property Management Office (NIPMO), found that “60% of South African universities were not empowered to commercialise their IP through spinoffs, start-ups or incubators”. However, Dr Elmary Buis, NIPMO’s Deputy Director of the Regulatory and Compliance Department, said that while the survey findings were of concern and […]
May 18 2022
ARIPO THE FIRST EPO-ARIPO UNIVERSITY IP OUTREACH PROJECT LAUNCHES
Cape Verde makes progress in attracting IP investment as the ARIPO and PCT systems strengthen. Additional Topics: THE FIRST EPO-ARIPO UNIVERSITY IP OUTREACH PROJECT LAUNCHES At the recent EPO-ARIPO heads of office meeting, a lack of understanding of IP rights and a need for infrastructure for investing in IP rights were identified as challenges in […]
May 18 2022
THE HAT OF SAPONÉ PROTECTED AS A GEOGRAPHICAL INDICATION
The Saponé Hat, dating back to the 13th century, is produced by Burkino Faso’s Saponé community and is integrated as part of their cultural and historical identity. On 12 April 2022, the Saponé community received certification for the hat as a protected geographical indication. The registration certificate was handed to the local authorities of the […]
May 18 2022
SUPREME COURT DECLARES REGULATIONS ON COMPLIMENTARY MEDICINES INVALID
In August 2017, the Minister of Health issued updated General Regulations (“the Regulations”) in terms of the Medicines and Related Substances Act 101 of 1965 (“the Act”). This introduced the category of “complementary medicines”, the definition of which included, inter alia, aromatherapy and homeotherapy products and, under the sub-category of health supplements, vitamins, minerals and […]
May 18 2022
SHOULD LEGAL PRACTITIONERS CLAIM ADVICE TO FAMILY AND FRIENDS AS COMMUNITY SERVICE?
Since the promulgation of the Legal Practice Act 28 of 2014, on 22 September 2014, legal practitioners waited for the day that the Minister of Justice would promulgate the hours for community service. That day came on 3 May 2022, eight years later. The proposed regulations were published for comment by the Minister of Justice, […]
May 16 2022
Court Changes divorce act
On 11 May 2022 the Pretoria High Court ordered that Section 7(3)(a) of the Divorce Act, 70 of 1979, is declared inconsistent with the Constitution and invalid to the extent that the provision limits the operation of Section 7(3) of the Divorce Act to marriages out of community of property entered into before the commencement […]
May 12 2022
GHANA - UPDATE ON STRIKE ACTION
All services at the Industrial Property Office (IPO) and the Registrar General’s Department (RGD) are suspended due to Strike Action. Some of these services include the making of payments, filing of applications, prosecuting matters and following up at the RGD and the IPO for all intellectual property matters. We are informed that the reason behind the strike concerns […]
May 12 2022
Poivre de Penja - Cameroon’s First EU Geographical Indication
Poivre de Penja, more colloquially referred to as Penja Pepper, is a unique tropical pepper that is cultivated on the volcanic slopes of the Mount Kupa in the Penja municipality of the Littoral region of Cameroon. Poivre de Penja is a rare and highly sort after pepper due to it cultivation and flavour notes. Poivre […]
May 12 2022