News & Insights
Court asked to change divorce law to allow spouses married out of community of property right to claim assets
Pretoria – The Gauteng High Court, Pretoria, has reserved judgment in an application that could pave the way for divorcing spouses, married out of community of property and without the accrual system, to be compensated for what they consider to be their financial contribution to the marriage. The estranged wife of a wealthy farmer turned […]
March 15 2022
The tea on NFT's, IP and Web 3
In a contentious shift towards a decentralised “Web3”, NFTs have been all the craze of late. NFT is an acronym for “non-fungible token”. Simply put, an NFT is a digitally stored asset in which the subject can vary from art to music and all forms of media in-between. The co-founder of Twitter has gone so […]
March 08 2022
Petition made on constitutional grounds to the Kenyan High Court to protect image rights
In this matter[1] Rafiki Microfinance Bank Limited, the Respondent, used an image of Mutuku Matingi, the petitioner, on its pamphlets in the promotion of its credit or financing facility, “Get a boda”, for the purchase of motorcycles, also known as a “boda boda” in Kenya. The Petitioner was a boda boda driver and made a […]
February 28 2022
Conference on Geographical Indications for ARIPO Countries
From 10 to 12 November 2021, in collaboration with AfriIPI (Intellectual Property Rights & Innovation in Africa), ARIPO will hold a conference on geographical indications for ARIPO countries in Harare, Zimbabwe[1]. The Objective of the conference is said to define a strategy between ARIPO member states, on the creation of a legal framework for Geographical […]
February 25 2022
The impact of material non-disclosure and misrepresentation in South African Insurance Law: What should be disclosed when entering into insurance contracts?
Introduction When concluding an insurance contract, it is important in the pre-contractual stage, to disclose all material facts which would be relevant to the assessment of the risk, the premium to be determined and decision to be made by the parties to conclude the agreement. A statement of fact which is false or misleading, amounts […]
February 25 2022
Medical Malpractice Claims - Why it pays to have an experienced legal team on your side.
The investigation and prosecution of medical malpractice claims has become an important part of the portfolio of services offered by many attorneys. Yet it remains a highly specialised field of legal practice, where the law and the medical sciences meet. For this reason, the decision to investigate and ultimately pursue a medical malpractice claim should […]
February 23 2022
The Country Engulfed in Flames & Smoke - What it Means for Insurers and Insured Businesses?
It is fast becoming a normality to wake up to the reports of fire break outs in South Africa. Since the July 2021 civil unrest, there has been further major fire break outs. This year alone, 2022, there has been at least 4 (FOUR) major fire break outs reported. During the July 2021 civil unrest, […]
February 16 2022
Ghana - Registry's New Requirement on Trademark Searches
CLICK HERE TO VIEW NOTICE On 22 October 2021, the Ghana Industrial Property Office issued an official notice, which mainly states that: “Request(s) for search (es) in respect of Industrial Property should comply with the requirement (s) for searches states in the Law (s) and or Regulations of the particular Industrial Property”. Legal practitioners in […]
February 14 2022
Morocco - Memorandum of Understanding with the European Patent Office of the Cooperative Patent Classification
Following a meeting between the Director-General of the Moroccan Office of Industrial and Commercial Property (OMPIC) and the President of European Patent Office (EPO), on 22 September 2021, the two offices signed a Memorandum of Understanding (MoU) relating to the Cooperative Patent Classification (CPC). In terms of the MoU concluded, OMPIC has agreed to classify […]
February 14 2022
ARIPO & OAPI - High-level Meeting on Copyright and Related Rights in Africa
On 28 October 2021, ARIPO (The African Regional Intellectual Property Organisation), OAPI (African Intellectual Property Organisation) and WIPO (the World Intellectual Property Organisation) held a meeting (virtually) to relaunch the Nairobi Strategic Plan on the development of Copyright and Related Rights in Africa (“the NSP”). The NSP was adopted initially in June 2019, resulting from […]
February 11 2022
South Africa - Publication of the Amendments to the Regulations - The Plant Improvement Act
The amendments to the Regulations issued in terms of the Plant Improvement Act No. 53 of 1976, were published in the Government Gazette dated 8 October 2021, by the Department of Agriculture, Land Reform and Rural Development. In terms of the amended regulations, Cannabis sativa L, commonly known as ‘hemp’, has been declared an agricultural product, in terms […]
February 11 2022
Adams and Adams Advises Property Consortium on Landmark Student Accommodation Transaction
The Adams and Adams corporate commercial team is proud of its role in the ground-breaking transaction that saw Growthpoint launch its first local unlisted, purpose-built student accommodation real estate investment trust (REIT) and assemble a seed portfolio worth R2 billion. The firm’s corporate commercial team acted for the consortium of vendors of the REIT’s seed […]
February 10 2022
Litigation Hungry Plaintiff Attorneys, or Poor Management - Who is the Real Culprit Behind the RAF's Astronomical Legal Bill?
The sudden and unexpected implementation of the Road Accident Fund’s controversial Management Directive had many attorneys up in arms not so long ago. Whilst the legality of the Management Directive is currently the subject of a Review Application brought by our firm on behalf of various Applicants, Mr Letsoalo (CEO of the RAF) has made […]
February 10 2022
Angola - Changes to Requirements for Powers of Attorney Filed in Angola
In Advisory Notice 4/2021, published on 4 July 2021, the Managing Body for Industrial Property informed the general public that a Power of Attorney should be filed within 30-days of the deposit of an application. The Advisory Notice further indicated that this period may be subject to a single extension of 30-days. Powers of attorneys […]
February 08 2022
South Africa - Agriculture: False and/or Misleading Trade Descriptions that are Registered as Trademarks are on the Chopping Block
CLICK HERE TO VIEW JUDGEMENT South Africa’s food, alcohol and agricultural laws all contain a similar provision prohibiting the use of false and/or misleading descriptions of the relevant commodity. These prohibitions extend not only to descriptions that are applied to the labels of these commodities but also extends to the advertising thereof. Under the regulatory […]
February 08 2022
OAPI - A Course on Indications of Geographical Origin
From 15 November 2021 – 26 November 2021, OAPI, in conjunction with the French Development Agency and the Center for International Cooperation in Agricultural Research for Development, is presenting the Second Edition of the African Training on Geographical Indications. Registration for the course closes on 20 October 2021 and further information regarding the course may […]
February 08 2022
OAPI - The Regional Conference on Intellectual Property
On 12 October 2021[1], the regional conference on intellectual property was opened in Libreville. The purpose of this conference is to discuss the challenges and unique perspectives relating to trade in Africa and in the African Continental Free Trade Area. During the 2-day conference, the potential of a free trade area, the importance of intellectual […]
February 08 2022
ARIPO - Seychelles, the 21st Country to Accede to the Harare Protocol
Although the Republic of Seychelle has been an approved member of ARIPO since 2019, the signature and the delivery of instrument of accession was delayed. On 26 August 2021, President Ramkalawan of the Republic of Seychelles signed the instrument of accession to the Harare Protocol and, on 1 October 2021, the signed instrument of accession […]
February 08 2022