News & Insights
South Africa - Availability of Companies and Intellectual Property Commission Files- Status on file transition to a new bulk storage Facility
In terms of a Notice[1] issued by Companies and Intellectual Property Commission (“CIPC”), the handover project of moving 7.2 million Companies, Close Corporation, Trade Marks, Design, Copyright and Cooperatives files to the new storage facility was completed on 26 November 2021. CIPC has advised that official files will be unavailable for a period of 3-4 […]
April 11 2022
Zimbabwean Registry now up and running
In October 2021, the Industrial Property Automated System (IPAS) crashed, and this caused a devastating ripple effect on all matters at the Registry. The IPAS system has now been replaced and is now fully functional. Delays are however expected, particularly with clearing the backlog. Practitioners are looking forward to the Registry resuming normal operations[1]. [1] […]
April 11 2022
Ghana - Strike Action
In Ghana, the Registrar General’s Department and the Industrial Property Office have embarked on indefinite industrial strike action which commenced on 20 January 2022. These offices are closed, and all processes are halted until further notice. Due to the strike, no documents can be filed and there can be no following up on any pending […]
April 11 2022
Egyptian Patent Office - Transitional period to shift from a paper-based system to online filing.
In terms of Resolution No. 16 of 2022 dated 23 January 2022, the President of the Academy of Scientific Research and Technology, has mandated that patent agents have from 01 January 2022 to 28 February 2022 to prepare themselves for online filing for all patent matters in Egypt. In terms of the notice, agents are […]
April 11 2022
South Africa - Nice classification – 11th Edition
The Eleventh (11th) Edition – Version 2022, of the Nice Classification of Good and Services, applies to all trade mark specifications with effect from 1 January 2022. The changes can be obtained from the official website of WIPO[1]. [1] www.wipo.int
April 11 2022
OAPI: Director General issues video statements via LinkedIn relating to the re-issuance of registration certificates
OAPI has recently uploaded, onto its LinkedIn page, five (5) videos of the Director General (“DG”), Mr Denis Bohoussou, addressing the media and agents on a number of issues[1]. Most importantly the Director General stated that all registration certificates which were signed by the Assistant Director-General during the period of the suspension of the DG […]
April 11 2022
Manufacturing of counterfeit products rearing its ugly head again in South Africa
The recent news reports of a manufacturing facility found to be selling counterfeit washing powder, have reignited concerns about the extent of the counterfeiting industry in South Africa. When you mention the word “counterfeit goods”, most people think about a few counterfeit sneakers or handbags making their way into South Africa in a container or […]
April 07 2022
THE DAWNING OF A NEW ERA:INTELLECTUAL PROPERTY CREATORS AT UNIVERSITIES FINALLY GET TO SHARE IN THE BENEFITS OF THEIR CREATIONS
Intellectual Property in Universities Intellectual property (IP) plays a critical role in research and education, both of which form the foundation of any university. No matter the type of IP, and irrespective of the complexities involved in the creation of such IP, universities have the uncanny ability to produce an array of mind-blowing forms of […]
April 06 2022
Cape Verde Votes to become the 22nd State to Join ARIPO
On 7 January 2022, the Parliament of Cape Verde approved accession to the Lusaka Agreement. The Cape Verde Parliament also voted in favour of acceding to the Banjul and the Harare Protocols on the same day. On 27 January 2022, it further approved accession to the Swakopmund Protocol. Cape Verde has indicated, that the instruments of accession […]
April 05 2022
A Practical Rundown of why Terms and Conditions in Insurance Policies Matter
Insurance provides cover for losses arising from insured events which may happen in the future. Against an agreed premium, the risk of an insured event arising is transferred from the insured to the insurer. In practice, insured events triggering insurance policies to respond are not always clear-cut. This is largely due to the complex wording […]
March 31 2022
TEACHER – PUPIL RELATIONSHIP: WHAT ARE THE LEGAL PARAMETERS
The teacher – pupil relationship is not a topic that is adequately explored and discussed amongst the relevant stakeholders, given the events of recent years. One would expect such topic to be visited regularly in view of the frequently rising number of abusive and bullying incidents between teachers and learners. Most recently between February 2022 […]
March 30 2022
Pop stars to face the music over alleged copyright infringement
Copyright infringement hearings have certainly taken on a new meaning, after well-known musician, Ed Sheeran, recently performed bars of his hit, Shape of You, before the High Court in London in an effort to prove that portions of the chart-topper were not copied from an existing musical work. Mr. Sheeran is currently embroiled in a […]
March 28 2022
OAPI update – Trade mark classifications
Trade marks On 28 February 2022, the OAPI IP Office issued a notice informing that the Registry requires trade mark specifications of goods and services to contain clear and precise descriptions. As a general rule, trade mark applicants are discouraged from using the general class headings utilized in the Nice Classification system, unless in circumstances […]
March 25 2022
Matter over mind – The advisability of concluding agreements in writing re-emphasised
In a recent ruling relating to the well-known “Please Call Me” (PCM) case, the Gauteng Provincial Division of the High Court, in Pretoria, has ordered the defendant to go back to the drawing board and recalculate the amount of compensation that it believes should be paid to the plaintiff, being a former employee who has […]
March 24 2022
Recent policy around teenage pregnancy within the South African basic education sector
Teenage pregnancy remains a fundamental crisis amongst the youth in South Africa, particularly amongst high school pupils. Over the years, there has been an increasing number of calls for greater measures to be implemented by various stakeholders in an effort to prevent this ongoing crisis within our education system. Whether it be in the form […]
March 22 2022
A REFLECTION ON 2021 INSURANCE LAW MAJOR OCCURENCES
The past few years have tested the resilience and strength of insurers to the greatest magnitude. This has been the case worldwide and, more so, here in South Africa. Many insurance-triggering events occurred, requiring insurers to respond. Although most of these occurrences were relevant mainly to short-term insurers, some were relevant to long-term insurers. After […]
March 17 2022
What Is Trademark Infringement in South Africa?
Trademark infringement is when you make unauthorized use of a trademark that is identical or confusingly similar to the trade mark of another person. It is extremely important to ensure that you conduct a search of the register and the trade before finalizing any logos, slogans, names, or other forms of marks to ensure that […]
March 16 2022
Trade Mark Infringement Warning Letters and How to Avoid Them
A trade mark registration affords the owner thereof the exclusive right to use it in relation to the goods / services covered by the trade mark registration. Unless a trade mark owner consents, or provides a license, to the use of a trade mark by a third party, use of a trade mark owner’s trade […]
March 16 2022