News & Insights
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
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