News & Insights
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
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