News & Insights
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
Tanzania - Moving with the Times: Amendments that Provide for Further Electronic Activities at the Trade Marks Office
CLICK HERE TO VIEW JUDGEMENT In June 2021, Parliament passed the Written Laws (Miscellaneous Amendments) (No. 2) Act, 2021, which Act proposes amendments to various pieces of legislation, including the Trade and Services Marks Act, (CAP 326) (“the Trade Marks Act”). The amendment to Section 5 of the Trade Marks Act makes provision for documents […]
February 08 2022
Kenya - KECOBO Launches Digital Copyright Registration Platform
In Kenya, copyright protection vests automatically upon the creation of a work. The registration of works is therefore not a requirement, however, the Kenya Copyright Board (KECOBO) does have an optional manual system of registration[1]. Copyright holders are encouraged to register their copyright as registration has been known to ease the evidentiary burden in cases […]
February 08 2022
PROPERTY PRACTITIONER ACT AND ITS IMPACT ON THE PROPERTY SECTOR
The long-awaited Property Practitioner Act 22 of 2019 (the “Act”) came into operation on the 1st of February 2022. The Act has brought significant changes to the property sector. Amongst others, the Act recognise the need for transformation within the property sector and the protection of consumers. As a start, the Act has broadened the […]
February 08 2022
South Africa - Food and Liquor: The Flavour of the Month: Cannabis Flavoured Beer
Following a judgment by the Constitutional Court on 18 September 2018, wherein the Constitutional Court confirmed an order by the High Court allowing adult South Africans to use, possess and cultivate Cannabis “in private”, there was an influx of applications to register as trademarks, marks incorporating, inter alia, words and signs alluding directly and indirectly […]
February 07 2022
South Africa - The Value of a Patent in South Africa (Bayer Intellectual Property GmbH et al v Austell Pharmaceuticals (Pty) Ltd 20 May 2021 CCP
CLICK HERE TO VIEW JUDGEMENT On 20 May 2021, the South African Patents Court confirmed the rights of a patentee in interim interdict proceedings in circumstances where the patent claim included a non-essential integer. In this matter, and despite the constraints caused by the Covid-19 pandemic, detailed and voluminous affidavit evidence from various parties in […]
February 07 2022
Angola- Recent rulings in opposition matters
CLICK HERE TO VIEW JUDGEMENT 1 CLICK HERE TO VIEW JUDGEMENT 2 In a decision by the Angolan Trade Marks Office, the South African electricity parastatal, Eskom was successful in its oppositions against the registration of trademark applications 12.419 and 12.420 ESCOM in Classes 35 and 36. The Angolan Trade Marks Office held that the […]
February 07 2022